Real Estate Upickem Golf

Midlevel appeals court orders state to respond to NY Safe Act lawsuit

2013-03-19T18:30:00Z 2013-03-19T20:06:38Z Midlevel appeals court orders state to respond to NY Safe Act lawsuitJON ALEXANDER -- Glens Falls Post-Star

Fort Ann constitutionalist Bob Schulz’ lawsuit seeking to halt the implementation of the NY Safe Act has bumped to a midlevel court, as it continued its march toward the state’s highest court, the Court of Appeals.

Justice Edward Spain, of the state Supreme Court Appellate Division, ordered the state late last week to respond to Schulz’ claim by Friday or risk a temporary injunction on the law’s implementation while the lawsuit’s constitutional merits are hashed out.

Spain’s order follow’s last week’s decision by Albany County state Supreme Court Justice Thomas McNamara. McNamara ruled the low-level state court can’t decide on Schulz’ claim that Gov. Andrew Cuomo’s message of necessity is unconstitutional because the issue is already well established by Court of Appeals precedent.

“It is clear that judicial intervention, judicial review of a message of necessity, is not allowed,” McNamara said last week.

The Appellate Division could overturn McNamara’s interpretation and issue a ruling, or uphold his decision that New York’s Supreme Courts aren’t capable of broaching the topic.

But regardless of how the Appellate Division rules late next week, the lawsuit is almost assuredly headed toward a Court of Appeals showdown between the local activist and state attorneys.

Schulz argues that the “message of necessity,” offered by Cuomo and approved by lawmakers so the NY Safe Act could be adopted without the traditional three-day cooling-off period, was based on false claims of fact.

“Where’s the need for speed here?” Schulz said Tuesday, citing the fact that the meatiest parts of the crackdown don’t take effect until April.

Cuomo argued after the Jan. 15 passage of the controversial crackdown on assault-style guns and high-capacity magazines that the fast-track was needed to avoid a run on the very guns the state was looking to ban.

Michael Wyland, spokesman for Assembly Majority Leader Sheldon Silver, noted last month that the message of necessity was vetted and approved by lawmakers in accordance with the state Constitution.

“This message of necessity is a clear abuse of power,” Schulz said.

Cuomo’s popularity has precipitously dropped since the passage of the NY Safe Act. He still enjoys a 55 percent approval rating, according to Tuesday’s Quinnipiac University poll, but that represents a 19 percentage-point decline in popularity since December. Tuesday’s poll represents the first time a majority of Republicans disapproved of New York’s Democratic governor.

Assembly minority Republicans are championing legislation to severely restrict when a message of necessity can be used. The legislation isn’t carried by any member from the Democratic Assembly majority, which dominates the lower-house’s floor.

More than two dozen upstate counties have passed local legislation opposing the NY Safe Act and the message of necessity used to push it through so quickly.

Warren County Sheriff Bud York and Saratoga County Sheriff James Bowen are among the more than 1,200 New York citizens challenging the state through Schulz’ lawsuit. Washington County Sheriff Jeff Murphy recently drafted a letter in which he states the NY Safe Act doesn’t actually make anyone safer. The Safe Act turns otherwise law-abiding gun owners into potential felons, Murphy wrote.

“I represent all the people, and I took an oath to uphold the Constitution of the United States and the Constitution of the state of New York,” Murphy wrote.

Copyright 2015 Glens Falls Post-Star. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

(9) Comments

  1. Mike RS
    Report Abuse
    Mike RS - March 28, 2013 10:47 pm
    The "SAFE" (Secure Ammunition and Firearms Enforcement) Act was debated in closed session without committee hearings, and Gov. Andrew Cuomo signed it into law within an hour of its passage -- after waiving the required three-day public comment period. This 80 page legislation was passed late into the night... literally and figuratively under the cover of darkness. There existed no exigent need as claimed, of the Act’s 60 sections, only three (3) took effect on its adoption into law. Cuomo bragged that New York now has the "toughest assault weapons ban" in the country but claimed that the law respects the Second Amendment and preserves the rights of "hunters and sportsmen." The former is true; the latter is not.
    New York has the highest taxes in the nation. It is ranked as the least "business-friendly" state in the country. The implementation of The SAFE ACT legislation is not only going to cost NY state 36 million dollars a year to implement, it has created a hostile environment for both in-state and out of state sports men and women. They now risk committing felonies for the countless technical criminal violations created by the SAFE Act for possessing items which can be purchased over the counter in all our neighboring states. Simple ammunition purchases will now require costly background checks which will make ammunition costly and difficult to obtain. This act has done more to damage the NY hunting and shooting enthusiasts than any other act in history.
    NY State under Cuomo Governorship:
    570 jobs lost-Sikorsky Aircraft-closed
    174 jobs lost -Dal-Tile Corp-closed
    592 jobs lost- Archcare Inc-closing
    375 jobs lost- Ralcorp- closing 2 plants
    84 jobs lost- Vette Thermal Solutions – moving to NH
    350 jobs lost -Daikin McQuay-moving Auburn plant to Tennessee
    86 jobs lost-Oberdorfer foundry in DeWitt, NY is closing in May
    65 jobs lost - Advanced Monolythic Ceramics in Olean – moving to CA
    35 jobs lost-Bombardier Mass transit – closing50 jobs lost-Spectrum Plastics – closing
    160 jobs lost-Menands company (Albany International) – moving to NH by end of 2013
    Remington considering relocating out of NY
  2. Grumpy
    Report Abuse
    Grumpy - March 26, 2013 7:13 pm
    If this law is not repealed it will mark the begining of the end for liberty in this nation. Mark my words. Cuomo assures us that government will never come after our firearms as if he knows all and we are paranoid zealots. One thing is for sure, his chances of re-election are in the toilet. Whos next? King Bloomberg? Imagine how much worse things can become in NY if this trend of shady politics goes unchecked by the sheeple.
  3. Mike RS
    Report Abuse
    Mike RS - March 21, 2013 9:53 am

    Allegany County, Broome County, Cattaraugus County, Cayuga County, Chautauqua County, Chemung County, Chenango County, Clinton County, Columbia County, Cortland County, Delaware County, Dutchess County, Erie County, Essex County, Fanklin County, Fulton County, Genesee County, Greene County, Hamilton County, Herkimer County, Jefferson County, Lewis County, Livingston County, Madison County, Monroe County, Montgomery County, Niagara County, Oneida County, Onondaga County, Ontario County, Orange County, Orleans County, Oswego County, Otsego County, Putnam County, Rensselaer County, Rockland County, Saint Lawrence County, Saratoga County, Schoharie County, Schuyler County, Seneca County, Steuben County, Sullivan County, Tioga County, Ulster County, Warren County, Washington County Wayne County, Wyoming County, Yates County
  4. Mike RS
    Report Abuse
    Mike RS - March 21, 2013 9:51 am
    The "SAFE" (Secure Ammunition and Firearms Enforcement) Act was debated in closed session without committee hearings, and Cuomo signed it into law within an hour of its passage -- after waiving the required three-day public comment period. This 80 page legislation was passed late into the night... literally and figuratively under the cover of darkness. There existed no exigent need as claimed, of the Act’s 60 sections, only three (3) took effect on its adoption into law. Cuomo is dividing the state and polarizing rural voters and citizens of New York.
  5. Rick59
    Report Abuse
    Rick59 - March 20, 2013 7:19 pm
    C'mon Jon....Get your facts straight. 50, I repeat 50 counties have now passed resolutions opposing the safe act. 4 more have resolutions in waiting. The ONLY counties not participating are those directly adjacent to New York City, probably because they fear the rath of Bloomberg.
  6. sstranahan
    Report Abuse
    sstranahan - March 20, 2013 8:53 am
    The good people of the state of New York were ambushed during the hours of darkness,there was no necessity and the so called SAFE ACT was political posturing! This abuse of power produced worthless legislation that punishes every law abiding citizen in upstate New York for the heinous act of one person from another state! The governor has enacted unconstitutional law,that infringes on the rights of all New York residents,law that deprives us of our right to self defense.Law that takes away our rights as a citizen militia the very purpose of the second amendment.
  7. The Bleeb
    Report Abuse
    The Bleeb - March 20, 2013 7:03 am
    Let's take our state back first. The majority of other states are not even close to being this tyrannical.
  8. hitchpin07
    Report Abuse
    hitchpin07 - March 19, 2013 9:35 pm
    Let's see where this goes, We need to take America back!
  9. WT
    Report Abuse
    WT - March 19, 2013 7:04 pm
    Was that done intentionally? The writers claim of "......two dozen" Counties have passed resolutions seeking the repeal of this gun control, minimizes our efforts. More than 50 upstate Counties have passed resolutions to seek the repeal Cuomo's anti-gun law. Please don't write a piece to conform with your personal feelings regarding the Second Amendment.


1) Comments must be contained to the topic of the articles only. Comments that stray from the direct subject of the article will be deleted.

2) Readers are free to comment on and debate other readers' comments, but comments must specifically address the issue(s) raised. Comments containing personal insults directed toward another reader in any form will be deleted.

3) Comments must be civil in tone, and there will be no name calling of any kind. Uncivil or inappropriate comments will be deleted, as will any comment containing profanities.

4) Comments critical of crime or accident victims will be deleted.

5) Comments that are potentially libelous, including those that contain accusations not supported by facts, will be deleted.

Commenters who abuse these policies will have their e-mail registrations revoked.


View the full commenting policy.

Thank you, and we hope you enjoy interacting with us and the community.

Add Comment
You must Login to comment.

Click here to get an account it's free and quick


Search Homes for Sale

Search Classifieds