NY Judge Upholds SAFE Act in Rejecting Legal Challenge

State Supreme Court Justice Thomas McNamara upheld the legality of New York's SAFE Act, this week, when he dismissed a claim that the law was improperly drafted and in violation of the second amendment.

Robert Schulz filed the challenge arguing that the Governor rushed the law through, inappropriately, by allowing lawmakers to waive the normal waiting period for consideration of bills before the legislature.  Schulz argued that Cuomo's reasoning was flawed and called his decision to proceed without the usual legislative procedure a "sham."

Schulz and 1,000 additional plaintiffs, claimed the SAFE Act was in violation of the constitutional right to bear arms.  The judge, however, ruled that gun rights are not necessarily absolute and can be limited by "reasonable government restrictions."  McNamara in denying the challenge filed a ruling that in part stated: "The right is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose."

Schulz said the ruling was not surprising and he vowed to appeal it to the Court of Appeals.

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