Law Suit Against NY Gun Law Thrown Out by Supreme Court Judge

Judge denies a law suit by Second Amendment supporters who claim state’s new gun law violates the Constitution


A state Supreme Court judge denied a motion for a preliminary injunction against the NY Safe Act, the state’s new gun control law, after a group of more than 1,200 Second Amendment supporters sued on the grounds that it was unconstitutional, reports the Rochester Democrat and Chronicle.

The suit argued that Governor Cuomo used a “message of necessity” to justify passing the bill prior to the mandatory three-day waiting period. But Assistant Attorney General James McGowan, who represented the state, argued that Cuomo’s memo was a reaction to the “emergency” of mass shootings around the country.

Bob Schulz, head of the group We The People of New York Inc., argued on behalf of the plaintiffs that Cuomo’s memo contained misrepresentations about what the bill would actually do, reported the paper.

But the Supreme Court Justice Thomas McNamara said that legislation should be based on reason and not emotion: “I don’t mean to minimize in any way what happened in those tragedies. But I have to deal with issues of law.”

Schulz said he was not surprised by the ruling and plans to appeal it.

“The quicker we can get to the Court of Appeals, the better, and we took a big step in that direction today,” Schulz said. “Holding government accountable is key, and I think, in the end, we’ll prevail in this case.”


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