A New York appeals court will consider the state’s argument to uphold the Secure Ammunition and Firearms Enforcement Act after a gun-rights group sued for an injunction.
A group of 1,256 plaintiffs, led by Robert Schulz, argued unsuccessfully March 11 that the state Supreme Court in Albany should block the gun-control law. Schulz said Cuomo’s “message of necessity,” which allowed the Legislature to skip an otherwise mandatory three-day waiting period before voting on a bill, contained misrepresentations.
Justice Thomas McNamara ruled that legal precedents prevent the judiciary from intervening in the legislative process. Schulz appealed, and the state was ordered to defend the law in writing.
“Plaintiff claims that the message of necessity certified by the Governor was improper because there was no need for an immediate vote, the facts stated in support of an immediate vote were false, and the Legislature needed more time to consider the matter,” the brief said.
“While plaintiff’s allegations are mistaken and the message’s statements were entirely proper, plaintiff’s allegations nonetheless provide no basis for relief.
“The Court of Appeals has squarely held that a message of necessity is not subject to judicial review,” the brief said.
Schulz denounced the March 11 court decision, calling it “absurd,” in a statement Monday.
“If that were true, it would mean the Governor and the Legislature have license to pass every Bill with a Message of Necessity, which in effect which would have the Judiciary reading that Rule out of the Constitution,” he said.
Read the full brief: