- On March 13, 2013, a New York State judge denied a motion for a preliminary injunction to stop enforcement of the NY SAFE Act, rejecting the argument that the NY SAFE Act was improperly adopted in violation of a three-day legislative waiting period required by the New York State constitution. New York’s constitution has an exception to the three-day waiting period when the Governor signs a certificate of necessity. Governor Cuomo had signed a certificate of necessity, which said that “immediate action was imperative … in order to protect New York’s children, first responders and citizens as soon as possible,” which the judge pointed to in denying the injunction. This lawsuit was brought by Robert Schulz, a New York constitutional activist.
- In a different lawsuit we are following, which is still in its early stages, a group of New York-based firearm organizations led the New York State Rifle & Pistol Association, with support from the National Rifle Association, is bringing a constitutional challenge against the NY SAFE Act. Whether the NY SAFE Act’s bans on assault weapons and large capacity magazines are in conflict with the US Supreme Court’s Heller decision will be one of the key questions put to New York courts by this lawsuit.
Renzulli Law Firm, nationally recognized as one of the premier law firms in the country serving the Firearms Industry, is monitoring developments about the NY SAFE Act closely and publishing regular updates which are available by e-mail and on this website. Any questions you may have about the NY SAFE Act should be directed to Chris Renzulli (crenzulli@renzullilaw.com).