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ALBANY- (WBEN/AP) A State Supreme Cout judge has rejected a request to stop implementation of the NY Safe Act, the gun restrictions signed into law in January.
Justice Thomas McNamara says the law 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's helping lead the effort, wanted a preliminary injunction from Justice Thomas McNamara to stop further implementation of the law. Schulz claims Gov. Andrew Cuomo and legislative leaders improperly suspended the three-day review usually required before voting.
McNamara said previous rulings keep him from saying that the procedures were wrong.
"The Court of Appeals has been clear that judicial intervention with a message of necessity is not allowed," McNamara said
Schulz says he plans to appeal. His suit was filed on behalf of more than 1,000 plaintiffs, challenging the gun law by claiming it violates the state constitution by being passed too quickly and restricts the guns of its citizen militia.
State attorneys say similar gun restrictions have been judged constitutional, lawmakers chose not to wait to vote and the law advances public safety.
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.
Schulz's suit was one of several challenging the law. Max Tresmond of Hamburg, who with his attorney father is involved in a seperate class action lawsuit says "the outcome of this case...really has no effect on the legal challenges coming out of Erie and Chautauqua counties."