NY

Judge refuses to block tougher NY gun law

by MICHAEL VIRTANEN, SFGate  |  published on March 14, 2013

A state judge refused Wednesday to block New York’s tough new gun law challenged in a lawsuit by more than 1,000 people who claim it violates the state constitution because it was passed too quickly and restricts the rights of a citizen militia.

Justice Thomas McNamara said case law by New York’s top court prevents him from reviewing Gov. Andrew Cuomo’s justification for pushing the bill quickly through the Legislature instead of waiting the three days usually required. Cuomo used a “message of necessity” to skirt the waiting period.

Robert Schulz, who brought the suit, said he will ask the Court of Appeals to review the precedent, claiming Cuomo’s emergency justification was false. The law enacted Jan. 15 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.

“I’m a trial-level court and a trial-level judge and I’m constrained to follow the law as set forth by the Court of Appeals,” McNamara said from the bench. “It is clear that judicial intervention, judicial review of a message of necessity, is not allowed.”

The judge gave state attorneys 30 days to file their response to the suit’s underlying claims that the law should be voided as unconstitutional.

Schulz told supporters and other plaintiffs afterward that he wasn’t surprised by the judge’s ruling and will petition the top court Thursday to consider whether governors’ messages of necessity can be reviewed by courts when the facts they use to justify quick legislative action are false.

No comments yet - you can be the first!

Comments are closed.

?>

All Things Gun Related

Whether you’re into AR-15s, AKs, carbines, shotguns, self-defense pistols, or hunting rifles, American Firearms Review will provide you with the most up to date product reviews, news, and everything else you need to know about firearms and accessories. Join over 1,000,000 avid gun owners who trust American Firearm Review for their daily dose of Second Amendment news and reviews.

We know how important your privacy is and your information is SAFE with us. We’ll never sell
your email address and you can unsubscribe at any time directly from your inbox.
View our full privacy policy.