Gun Owners Rally in Albany

A New York judge today dismissed a request from 1,200 plaintiffs to temporarily halt the state's NY Safe Act.

(Photo by David Lassman | dlassman@syracuse.com)

Syracuse, N.Y. -- A state Supreme Court judge ruled today against a motion from 1,200 plaintiffs looking for an immediate halt to the implementation of New York's new, stricter gun laws.

The lead plaintiff, Robert Schulz, said the group would appeal the decision to the state's Court of Appeals.

Schulz's group had asked the court to temporarily halt the NY Safe Act, arguing the governor and lawmakers improperly rushed the laws through the Capitol. Previously the Court of Appeals, the state's highest court, has ruled the use of messages of necessity to make quick law are beyond judicial review.

Take a look at all of the messages of necessity used in the last decade.



Supreme Court Justice Thomas McNamara today ruled in Albany that he couldn't go against the higher court's previous decisions, according to Schulz.

"The court rightfully rejected an attempt to halt the state's efforts to reduce gun violence and prevent the tragedies that result from the use of military style weapons and high capacity ammunition devices," Attorney General Eric Schneiderman said in a statement after the ruling. "The Safe Act is a comprehensive law that enacts significant reforms designed to increase the safety of all New Yorkers, while ensuring constitutional protections to responsible gun owners. There are multiple lawsuits challenging the Safe Act on numerous grounds, and our office will continue to fervently defend the protections embodied in the law."

Schulz said the ruling was expected and he plans to take the issue to the Court of Appeals to challenge their previous decisions on fast-tracking legislation.

"We're saying the language of the message of necessity has to match up with the legislation," Schulz said.

Today's ruling was just one piece of the lawsuit, which Schulz filed at the end of February. Nearly 100 residents of Onondaga County are signed up as plaintiffs.

Schulz is not a lawyer. He's taken on similar constitutional issues in the past.

Attorney General Eric Schneiderman has 30 days to respond to the lawsuit.

Contact Teri Weaver at: tweaver@syracuse.com, 315-470-2274 or on Twitter at @TeriKWeaver.