Court denies NY SAFE preliminary injunction
ALBANY – State Supreme Court Justice Thomas McNamara denied a motion for a preliminary injunction of the state’s new gun control law on Wednesday.
The suit maintained the message of necessity that rushed the measure through the legislature was illegal, but the judge said judicial intervention with a message of necessity is not allowed, according to an earlier Court of Appeals decision.
George Rogero, head of Orange County Shooters, a group opposed to the law, said he expected the suit to be rejected, but he said there were others that had been filed that challenge the constitutionality of NY SAFE and he is more confident about those.
“Fortunately we have other lawsuits that are pending and other lawsuits that are going to be filed going after the constitutionality of the law,” Rogero said. “The problem with the message of necessity wasn’t that the governor tried to have it, because we have had a lot of laws passed through the message of necessity. The problem with the message of necessity was that the Republicans went along with it and accepted it, so it was their fault that he was able to use that tactic.”
Opponents of the law believe it violates the Second Amendment to the US Constitution.