ALBANY, N.Y. - The New York SAFE Act heads to the State Supreme Court Wednesday, a judge denying an application for a preliminary injunction to the controversial act.
State Supreme Court Judge Thomas McNamara has denied the injunction against NY SAFE Act, saying, "Concerns raised should be issues raised in elective process. This is not a judicial issue." The judge says he has to deal with issues of law, not tragedies that have happened prompting SAFE Act, denying the application for preliminary injunction.
The judge heard breief arguments from both the plaintiff and the attorney representing the governor and legislators listed on the complaint before ultimately making his decision.
Opponents were presenting a constitutional challenge asking to motion for a preliminary injunction for taking any further action on the SAFE Act. The plaintiff, Robert Schultz, argues the way Governor Andrew Cuomo passed the act - waving the 3 day aging - is unconstitutional.
"Lawmakers did not read the bill, did not know content, message of necessity should not have been used and it was part of a 'deal,'" Schultz, who is not an attorney, argued in court. "This act does not take my so-called assault weapon as long as I register it. Where was the need for speed on January 14?"
Schultz reminded the judge, "50 individual counties going on record calling for the repeal of this act."
The Attorney representing Governor Cuomo and legislative leaders says the preliminary injunction of the SAFE Act is "offensive" and the ground the plaintiff is relying on is insufficient.
The Governor's attorney argued that the SAFE Act is exceedingly more than a ban on assault weapons.
At one point, the judge needed to interrupt both attorneys, warning then both to stay on point.
The Governor's office is not commenting on the ruling. Shultz says he plans to appeal the case to a higher court.
A petition signed by over 1,200 New Yorkers claims that the gun law is unconstitutional because lawmakers rushed to pass the legislation, without waiting for public comment, also arguing many provisions inside the act.
Those provisions include the ban of "high-capacity magazines" regardless of when they were made or sold. The maximum capacity for a detachable magazine was reduced from ten rounds to seven.
Ammunition dealers will be required to do background checks, similar to those for gun buyers. Dealers are required to report all sales, including amounts, to the state. The ammunition background checks take effect in January of next year.
The law requires creation of a registry of assault weapons. New Yorkers who already own such weapons would be required to register their guns with the state.
There will be increased sentences for gun crimes, including upgrading the offense for taking a gun on school property from a misdemeanor to a felony.
And finally, the SAFE Act allows law enforcement officials to preemptively seize a person's firearms without a warrant if they have probable cause the person may be mentally unstable or intends to use the weapons to commit a crime.