Supreme Court Justice Thomas McNamara in Albany yesterday refused to issue a preliminary injunction against Governor Andrew Cuomo’s new gun law, the Secure Ammunition and Firearms Enforcement Act. Robert Schulz, a critic of state government borrowing and spending programs who lives in Glens Falls, had asked McNamara to halt implementation of the gun control measure as the judge considers the contention filed by Schulz on behalf of more than 1,200 plaintiffs that the law was illegally adopted in January.
Schulz v. New York State Executive, 1232-13, contends that adoption of the gun act was invalid because it was voted on under a message of necessity by the governor. The message allowed the bill to forego the customary three-day appraisal period for bills by lawmakers and immediately hold a vote. McNamara yesterday ruled from the bench on Schulz’s motion that judicial review of a message of necessity is "not allowed" under the state Court of Appeals’ ruling in Maybee v. State of New York, 4 NY3d 415 (2005).
Schulz said yesterday he would seek to appeal directly to the Court of Appeals and bypass the Appellate Division.
Assistant Attorney General James McGowan opposed Schulz’s preliminary injunction bid. Attorney General Eric Schneiderman said in a statement that McNamara "rightly" rejected the motion and said his office is preparing to defend the new law against several other court challenges that have been filed.