Updated 03/13/2013 06:22 PM
Judge denies injunction to stop SAFE Act
A judge has denied an injunction that was filed to stop the implementation of the New York SAFE Act. Erin Connolly was in the courtroom and joined us with more.
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ALBANY, N.Y. -- Bob Schulz of Warren County spoke out in State Supreme Court Wednesday on behalf of 1,200 New Yorkers who filed a petition against the New York SAFE Act. Schulz challenged the manner in which the gun control legislation was passed through the state legislature with a message of necessity, waiving the three day review usually required before votes on bills.
Schulz said, "It should not be tolerated. We say enough of these messages of necessity. Stop cutting off the public debate and deny us the right to talk to our elected representatives."
Defending the state was Assistant Attorney General James McGowan. He said it's exceedingly offensive to suggest there was no immediate need to pass the bill.
McGowan said, "Through the last half of 2012, we’re facing increasingly common incidents where assault weapons and high-capacity magazines are being used to commit crimes."
After hearing both sides, State Supreme Court Justice Thomas McNamara denied Schulz's request for preliminary injunction against the safe act.
McNamara said, "The Court of Appeals has been clear and is clear that judicial intervention and reviews of messages of necessity is not allowed. I'm constrained to follow that."
Tom King, the President of the New York State Rifle and Pistol Association says he wasn't surprised by the ruling.
King said, "We knew this would happen. We discussed it with our legal team and we had decided two months ago this would not be an area we would pursue."
But they are pursuing a separate lawsuit, one he calls much more diverse and well-rounded one that deals with the meat of the law and not how it was passed. Nevertheless, those in agreement with Schulz are disappointed by the courts decision.
Oswego County resident Charles Spencer said, "It was snuck through behind closed doors. Nobody even knew about it. Legislators didn't even have time to read the act so they were voting for something they didn't even know."
A portion of the SAFE Act goes into effect this week. Schulz says he plans to appeal the court’s decision.