new york

Court to consider whether speedy approval of NY gun controls violated constitution

by FOXNews.com  |  published on March 3, 2013

A New York state judge agreed Friday to consider whether the state’s tough new gun restrictions were rushed into law in violation of the state constitution.

State Supreme Court Justice Gerald Connolly signed an order granting the request for a hearing by plaintiffs who are challenging Gov. Andrew Cuomo’s decision to waive the three-day review usually required before votes on bills, according to LoHud.com.

The plaintiffs argue the law violates the guarantees of free speech, property ownership and the right to petition the government guaranteed under the state and federal constitutions.

Plaintiff Robert Schulz called Cuomo a “king” for pushing through the nation’s toughest gun law by suspending the three-day vetting period by submitting a “message of necessity” on the law, which allows the constitutional waiting period to be suspended.

“Kings govern by opinion,” said Shulz, who calls himself a “constitutionalist” and has challenged governors for decades in court although he isn’t a lawyer. “There has to be some rationale, some justification of facts before waiving the people’s demand for three days”‘ review of a bill.

The law enacted Jan. 15, pushed by Cuomo, sets a seven-bullet limit on magazines, tightens the definition of illegal “assault weapons” and requires owners of formerly legal semi-automatic guns to register them, among other measures.

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