Court Denies SAFE Act Injunction
A state Supreme Court judge today denied an injunction that would have blocked enforcement of the state’s new gun control law.
The crux of the legal challenge by upstate political activist Robert Schulz and more than 1,000 plantiffs argued that Gov. Andrew Cuomo’s use of a message of necessity to waive the required three-day aging process for bills in order pass the gun control law was improperly employed and misled lawmakers.
In denying the move, Supreme Court Justice Thomas McNamara ruled that the state’s highest court had already set precedent when it comes to gubernatorial messages of necessity.
“The Court of Appeals has been clear that judicial intervention with a message of neccessity is not allowed,” McNamara wrote.
The gun control law, known as the SAFE Act, updates the state’s assault weapons ban and limits the number of rounds in a high-capacity magazine to seven.
Since the law was approved, some Republican lawmakers have submitted bills to overturn the broad strokes of the measure, but concede their best recourse is through the courts, given Cuomo’s unwillingness to sign such a law and the large Democratic majority in the Assembly.
At the same time, chapter amendments to clarify provisions of the law such as exempting current and former law enforcement along with film productions, are yet to be released or formally proposed.
| Print article | This entry was posted by Nick Reisman on March 13, 2013 at 11:26 am, and is filed under Gun control. Follow any responses to this post through RSS 2.0. Both comments and pings are currently closed. |
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