New York Judge Denies SAFE Act Injunction, Lawsuit by Over 1,200 Plaintiffs
OutdoorHub Reporters 03.13.13
New York Justice Thomas McNamara denied a request for a preliminary injunction at a hearing on Wednesday. According to the Associated Press, the case was led by upstate New York lawyer Robert Schulz and backed by over 1,200 plaintiffs.
Schulz came into the forefront of the New York–and by extension national–gun debate along with Buffalo lawyer James Tresmond. The two lawyers are spear-heading different lawsuits against the NY SAFE Act, which was passed into law earlier this year. Schulz based his case on Governor Andrew Cuomo’s fast-tracking of the law under a “message of necessity” to bypass the three-day waiting period in legislation. The lawyer claims that the governor and lawmakers behind the act used improper justification.
“The key word there is facts. Facts have to be true,” said Schulz.
Justice McNamara said at the hearing that precedent regarding “messages of necessity” prevented him from intervening.
“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. “It is clear that judicial intervention, judicial review of a message of necessity, is not allowed.”
Schulz is reportedly not surprised by the decision and intends to bring the case to the Court of Appeals. He personally owns a semi-automatic rifle.
Tresmond is moving forward with his own case and a future injunction can still be placed on the law.
