The NY State Supreme Court will begin hearing oral arguments on a lawsuit opposing the NY SAFE Act beginning at 9:30 am on Wednesday.
The state must defend the constitutionality of the law, and also defend the manner in which Governor Cuomo pushed the bill through the state senate and assembly. If the state fails, the court may impose an injunction preventing the law from being enacted.
The suit, brought by gun rights activist Bob Schulz and his group We the People of New York has over 1200 co-plaintiffs. The suit challenges the constitutionality of the law, especially in the way it was passed on the night Jan 15.
The We the People of New York final complaint to the court states "There was no need for the Senate to waive the three day rule, which they did by approving the bill within 20 minutes of receiving it. There was no need for the Assembly to approve the bill within hours of receiving it, which they did. There was no need for speed. The legislature was not scheduled to adjourn for the year, we were not under attack and there was no natural or man made disaster" (http://bit.ly/ZDqrvv).
Governor Cuomo pushed the bill through the legislature by declaring a "Message of Necessity" which by-passed Article III, Section 14 of the NY Constitution which reads:
No bill shall be passed or become a law unless it shall have been printed and upon the desks of the members, in its final form, at least three calendar legislative days prior to its final passage, unless the governor, or the acting governor, shall have certified, under his or her hand and the seal of the state, the facts which in his or her opinion necessitate an immediate vote thereon.
The court agreed to hear the case on Mar 1, with opening arguments of the case scheduled for Mar13. This date was selected by the plaintiffs because, as stated in their letter to the court, the next day "53 of 56 operative sections of the SAFE Act are scheduled to take effect" (http://bit.ly/YXbgZA).
The suit brought by We the People of New York is only one of at least seven separate lawsuits filed against the SAFE Act. Others include New York Second Amendment, NYSRPA and NRA Legal action against Cuomo gun law, NY Committeemen - Common Law Suit, and James Tresmond who has filed two separate suits against the SAFE Act.
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