The state Attorney General’s Office moved today to dismiss an injunction filed by a gun-rights group that would seek an injunction on New York’s new gun-control law.
The state’s response seeks to toss the injunction, saying that the Jan. 15 law was passed legally. Robert Schulz, a North Country resident and head of the group, We The People of New York, Inc. filed the injunction Feb. 28 and claimed that the law is unconstitutional.
The state said in its response today that “this claim is nonjusticiable and thus provides no basis for the extraordinary remedy the plaintiff seeks here.”
The state’s filings says the NY-SAFE Act was passed in response to mass shootings in December in Newtown, Conn., and Webster, Monroe County. The law toughens reporting requirements for gun owners, expands an assault-weapons ban and lowers the number of bullets in a magazine from 10 to seven.
The state said that the courts have ruled that “enactments of the Legislature—a co-equal branch of government—may not casually be set aside by the Judiciary.”
Schulz claimed that the law is invalid in part because it was hastily passed by the Legislature through a message of necessity by Gov. Andrew Cuomo. A message of necessity allows the Legislature to vote on a bill without a standard three-day-waiting period.
But the state’s response said that the message of necessity is not grounds to overturn the law. The Attorney General’s Office represents the state in most lawsuits.
“Indeed, merely providing a message of necessity does not in any way compel the Legislature to act,” the response reads. “The message is an authorization, not a command.”