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BREAKING: NY Court Moves to Toss Lawsuit Against Gun-Control Law

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United States
03/12/2013 12:00 PM
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BREAKING: NY Court Moves to Toss Lawsuit Against Gun-Control Law
ALBANY The state Attorney General's Office moved Monday to dismiss an injunction filed by a gun-rights group that would seek to void New York's new gun-control law.

The state's response calls for the injunction request to be tossed, 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 Monday 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.

[link to www.wgrz.com]
"Firearms are second only to the Constitution in importance; they are the peoples' liberty's teeth."

"Government is not reason; it is not eloquent; it is force. Like fire, it is a dangerous servant and a fearful master."

-George Washington