Hardaway v. Chiumento - FPC Law 2A Challenge to New York "Places of Worship" Gun Ban

Summary: Federal lawsuit challenging New York's "places of worship" gun ban as unconstitutional under the Second Amendment.

Plaintiffs: Jimmie Hardaway, Jr., Larry Boyd, Firearms Policy Coalition, and Second Amendment Foundation

Defendants: Acting New York State Police Superintendent Dominick Chiumento, Niagara County District Attorney Brian Seaman, and Erie County District Attorney John Flynn

Litigation Counsel: David Thompson, Peter Patterson, and Nicolas Rotsko

Docket: W.D. NY case no. 1:22-cv-00771, Second Circuit case no. 22-2933 | CourtListener Docket

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Key Events & Filings:

District Court

2024-4-11: Stipulation of Settlement of Fee Award and Discontinuance

Court of Appeals

2023-12-8: Opinion
2023-5-15: 28(j) Letter
2023-5-5: 28(j) Letter
2023-3-8: Reply Brief for Appellant
2023-3-2: Letter
2023-2-27: Brief of Plaintiffs-Appellees
2023-2-27: Brief for Defendant-Appellee Brian D. Seaman, in His Official Capacity as District Attorney for the County of Niagara, New York
2023-1-17: Brief for Appellant
2022-12-7: Order Expediting Appeal
2022-12-7: Order Granting a Stay
2022-12-2: Reply in Support of Motion for a Stay Pending Appeal
2022-11-25: Plaintiffs-Appellees Response to Defendant-Appellant’s Motion for a Stay Pending Appeal
2022-11-15: Motion for a Stay Pending Appeal

District Court

2023-1-30: TEXT ORDER granting MOTION to Stay by Steven A. Nigrelli. It is hereby ORDERED that Defendant Nigrelli's request to stay the proceedings in this case is GRANTED. See McCracken v. Verisma Sys., Inc., No. 6:14-CV-06248, 2018 WL 4233703, at *2 (W.D.N.Y. Sept. 6, 2018) ("It is within the sound discretion of a district court to enter a stay pending the outcome of independent proceedings that are likely to affect a case on its calendar"). The parties shall file a status report every 60 days until this Court lifts the stay imposed herein.
2023-1-27: Response to Motion to Stay
2023-1-20: Motion to Stay
2022-12-29: Plaintiffs’ Response in Opposition to Defendants’ Motion to Dismiss
2022-12-2: State’s Motion to Dismiss
2022-12-2: Answer
2022-11-14: Notice of Appeal
2022-11-4: Answer With Jury Demand
2022-11-3: Decision and Order (Preliminary Injunction)
2022-11-2: Plaintiffs’ Reply in Support of Their Motion for a Preliminary Injunction
2022-10-28: State’s Opposition to Plaintiff’s Motion for a Preliminary Injunction
2022-10-27: Affidavit in Response to Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction
2022-10-27: Niagara County District Attorney Declaration
2022-10-20: DECISION AND ORDER that Plaintiffs' motion for temporary restraining order is GRANTED as specified; that this TRO will remain in effect through the disposition of Plaintiffs' motion for preliminary injunction.
2022-10-20: TEXT ORDER denying Motion to Reassign Case by Kevin P. Bruen. Rule 5.1(e) of the Local Rules of Civil Procedure permits assignment of related cases to the same judge where such assignment "would avoid unnecessary duplication of judicial effort." Here, the same detailed analysis of, and close familiarity with, the Supreme Court's Heller, McDonald, and Bruen decisions spans this case and Christian et al. v. Bruen, et al., No. 22-cv-00695 (W.D.N.Y.). Related case assignment creates a significant time savings in this scenario. Moreover, there may be some overlap on the standing issue. Although the particular subsections of the statute may differ, many parts of the analytical approach may carry over from one case to the other. The motion to reassign is therefore denied. SO ORDERED.
2022-10-20: Plaintiffs’ Reply in Support of Their Motion for a Temporary Restraining Order
2022-10-19: Motion to Randomly Reassign This Case
2022-10-19: State’s Opposition to Plaintiff’s Motion for a Temporary Restraining Order
2022-10-19: Niagara County District Attorney Affidavit
2022-10-15: TEXT ORDER granting Motion to Expedite Hearing. Given the level of briefing regarding the houses of worship issue submitted recently in other cases, and the time sensitive nature of this application, the Court grants proposed order as follows: Plaintiffs shall serve this Text Order and their TRO/PI application papers on defendants by 4:00 p.m. Monday, October 17, 2022. Plaintiffs shall ensure defendants receive notice by adequate means, such as e-mail, to known counsel for defendants. Plaintiffs shall file proof of service by October 17, 2022 at 11:59 p.m. Defendants' opposition papers on the TRO application are due Wednesday, October 19, 2022 at 4:00 p.m. Reply papers, if any, are due by 10:00 a.m. on Thursday, October 20, 2022. The parties shall appear for argument/hearing on the TRO application on October 20, 2022 at 1:30 p.m. in the Chautauqua Courtroom, 8th Floor East, 2 Niagara Square, Buffalo, NY.
2022-10-14: Motion for an Expedited Hearing
2022-10-14: Plaintiffs’ Motion for a Temporary Restraining Order and Preliminary Injunction
2022-10-13: Complaint

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