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Midlevel Court Refuses to Block Tougher NYSAFE Law

ALBANY, N.Y. (AP) - A midlevel state court has rejected claims the NYSAFE Act violates the state constitution because it was passed too quickly and restricts the rights of a citizen militia.

The Appellate Division decision Wednesday upheld a judge's ruling that state law generally prohibits judicial review of Gov. Andrew Cuomo's justification for pushing the bill quickly through the Legislature on Jan. 15, instead of waiting the three days usually required.

Cuomo used a "message of necessity" to skirt the waiting period, saying some guns and high-capacity magazines are so dangerous they needed to be restricted as soon as possible.

Robert Schulz, who sued with more than 1,000 other plaintiffs, claims Cuomo's emergency justification was false. The law bans high-capacity magazines and tightens the definition of illegal "assault weapons.

Filed Under :  
Topics : Law_Crime
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Locations : AlbanyNew York
People : Andrew CuomoRobert Schulz