NY judge dismisses lawsuit challenging Safe Act

SYRACUSE, N.Y. -- A New York judge has dismissed a challenge to the state's stricter guns laws, saying that Gov. Andrew Cuomo and lawmakers did nothing unconstitutional when quickly passing the NY Safe Act early last year.

The ruling, handed down on Thursday by state Supreme Court Judge Thomas McNamara, also says Robert Schulz and his co-plaintiffs did not prove that the Safe Act infringes on their state constitutional rights.

"Though plaintiffs assert in the complaint that the Safe Act infringes upon rights granted by this provision of the constitution, they do not point to any right created thereby nor is one apparent," McNamara wrote.

The judge said the use of a "message of necessity" to pass the bill without a normal three-day waiting period met state requirements. "While plaintiffs may disagree with the governor's and the legislature's assessment of the need to act quickly, the governor included in his certificate a recitation of his reasons for urging speedy passage. That is all the constitution requires..."

The lawsuit involved hundreds of plaintiffs -- including some from Onondaga County -- to challenge the state's stricter gun laws. Schulz lost an early effort for a temporary injunction on the Safe Act.

Schulz told the Associated Press he plans to appeal.

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

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