NY Judge Ignores State Law to Push Cuomo’s Gun Control Law


benedict arnold cuomo1

Photo of Benedict Arnold Cuomo, betraying the NYS Constitution

Governor Andrew Cuomo rushed through an extreme gun control law in the middle of the night without giving legislators the legally-required 72 hours to read the bill. The cowed legislators voted for the bill without reading it. Cuomo’s SAFE Act, a notoriously flawed bill, became law without much opposition in the aftermath of the Newtown shootings for political expediency.

Now a midlevel New York judge has violated the state constitution to uphold the SAFE Act using an inappropriate 2005 case as the basis for her findings. Even though there was no emergency requiring this law, she has found that if the governor says it is an emergency, the court has to accede to his judgment, making Cuomo the unchallenged ruler of New York.

Robert Schultz and 1,000 plaintiffs sued New York State stating that Cuomo’s bill was passed too quickly and restricts the rights of a citizen militia.

The midlevel Appellate division Justice – Karen Peters – wrote that the constitutional requirement that printed bills are on lawmakers’ desks at least three days before final passage “may be circumvented” when the governor certifies “the facts which in his or her opinion necessitate an immediate vote.”

Cuomo is now the single voice to be heard if it is in the interests of the left. A judge will circumvent the state constitution if it suits his/her purpose.

The deck is stacked against the people.

Peters used a 2005 case as justification for ignoring state law. The case allowed justices to defer to the governor on whether those facts were sufficient to justify speedy passage. She deferred to the governor rather than follow state law.

The 2005 case she cited was in fact about the adequacy of facts, not their number.

Cuomo said that he could not post the law for the 72 hours required under the state constitution because it was a “message of necessity.” He claimed that some guns and high-capacity magazines are so dangerous they need to be restricted as soon as possible, when in fact, 52 of the law’s 56 provisions were not to take effect for weeks or months.

Few gun crimes are caused by the alleged “assault” rifles on the list, but the purpose of this anti-Second Amendment law is government control and to make political points.

It is Mr. Schultz’ opinion that the Governor and Legislature have violated Article III, Section 14 of our New York State Constitution, which avers:

“No bill shall be passed or become a law unless it shall have been printed and upon the desks of the members, in its final form, at least three calendar legislative days prior to its final passage, unless the governor, or the acting governor, shall have certified, under his or her hand and the seal of the state, the facts which in his or her opinion necessitate an immediate vote thereon”

The legislature approved the bill within 20 minutes of receiving it. Our representatives passed the bill without reading it. There was no emergency and no need to pass this bill in violation of the law.

As part of his reason for using this emergency measure, Governor Cuomo said his law would ban “…the ownership, purchase and sale of assault weapons and large capacity ammunition feeding devices.” The bill in fact does not ban the ownership of tens of thousands, if not hundreds of thousands of currently owned assault weapons in NY. Nor does it immediately ban the millions of currently owned large capacity(10+) ammunition feeding devices in NY.

The Governor manufactured his reasons and violated the law for political benefit.

Mr. Schultz will continue the lawsuit to the New York State of Appeals, but the deck is stacked against him.