Gun rights supporters who unsuccessfully challenged the NY SAFE Act in court last week have filed an appeal, and the state will have to again defend the gun law March 22.
A group of 1,256 plaintiffs from 58 counties represented themselves in a court challenge March 11. They argued that Gov. Andrew Cuomo included misrepresentations about the law in his “message of necessity,” a memo that allowed the Legislature to skip the mandatory three-day waiting period before voting on a bill.
Albany Supreme Court Justice Thomas McNamara ruled that a previous high court decision prevented the judiciary from intervening in the legislative process.
The “sufficiency of the facts in a governor’s ‘message of necessity’ is beyond judicial review,” McNamara said.
Lead Plaintiff Robert Schulz announced Monday he filed for an appeal.
“The citizens Plaintiffs in this case are confident that the Appellate Division will see the absurdity of Judge McNamara’s interpretation of the decision by the Court of Appeals,” Schulz said in a statement. “If that were true, it would mean the Governor and the Legislature have license to pass every Bill with a Message of Necessity, which in effect which would have the Judiciary reading that Rule out of the Constitution.”