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NY's New Gun Safety Law Survives a Legal Challenge

Albany (WALK) - Does the 2nd amendment right to bear arms mean that any U.S. citizen can own a gun whenever, wherever, and for whatever reason?

A state judge says no, and has rejected a lawsuit that against Governor Cuomo's 2013 SAFE Act gun safety law, passed in the aftermath of the Connecticut School Massacre.

State Supreme Court Judge Thomas McNamara ruled that the plaintiffs, a group led by constitutional activist Robert Schultz, failed to demonstrate how the SAFE act infringes on their rights. He also said that the 2nd amendment right to bear arms is not "absolute" and that governments are within their rights to enact "reasonable" restrictions.

The decision also rejects claims that the gun law was improperly pushed through the legislature by Governor Cuomo. Schultz had argued that Cuomo overstepped his authority in January of 2013 by issuing a so-called message of necessity that allowed the Legislature to vote on the bill before it had aged three days.

Schultz has said that he will appeal the ruling to the Court of Appeals, New York's highest court.

 

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