N.Y. must prove constitutionality of gun law: judge

[iiibbb]

http://newsandinsight.thomsonreuters.com/Legal/News/2013/03_-_March/N_Y__must_prove_constitutionality_of_gun_law__judge/

ALBANY, N.Y. (Reuters) - For the second time this week, a judge has ordered New York state to appear in court to defend the constitutionality of its controversial new gun control law.

Acting State Supreme Court Justice Gerald Connolly on Friday said the state had until March 11 to rebut claims that the method used to enact the law, known as the SAFE Act, violated Article III of the state constitution.

We the People claimed that Governor Andrew Cuomo and state lawmakers misused a "message of necessity" to pass the law quickly, according to a press release issued by the plaintiffs.

Messages of necessity allow the legislature to bypass a constitutional provision that bars bills from being voted on less than three days after their introduction.

Backlash?

Who was talking about backlash before?

YUP


edited to add

http://www.wktv.com/news/local/State-Supreme-Court-wants-NYS-to-show-good-cause-that-gun-law-is-constitutional-193664911.html

BUFFALO, N.Y. (WKTV) - The Buffalo-based attorney who is spear-heading a lawsuit against Governor Andrew Cuomo's recent gun laws said that Wednesday was "monumental," as a State Supreme Court Justice issued an order requiring New York State to show good cause that the law is constitutional.

New York State has until April 29 to respond or else an injunction will be issued.

[AnotherMcIntosh]

1. The NY Supreme Court is the trial-level court in NY with branches in each of NY's 62 counties.

http://en.wikipedia.org/wiki/New_York_Supreme_Court

No one should mistakenly believe that the NY Supreme Court is the highest court in New York.

No one should believe a press release or other communication from a single lawyer who files a lawsuit, drafts a common order to show cause, has a trial judge sign it, and then claim that the order which he prepared and had a trial judge sign is "monumental."

[Progressive dog]

2. Court of Appeals in NY is highest court, supreme court is court of original jurisdiction

Meaningless legal maneuvering. Understand that even if this should finally end up in Court of Appeals and the state loses, then all they have to do is pass it again. The same Senators, Assembly members, and Governor should be in place until 2015.

[gejohnston]

3. the difference is

the Senators and Assembly members would have enough time to read it this time.

[Progressive dog]

4. You cannot be serious

That is a joke, right? This has been debated for months in NY, no one can pretend that they didn't know what they were voting on.

[Lurks Often]

5. They passed it so fast they forget to exempt law enforcement

Here is a link, they rushed through in about a day:

http://open.nysenate.gov/legislation/bill/S2230-2013

Apparently law makers had 20 minutes to read the 59 pages of the actual bill before it was brought to a vote

[Straw Man]

6. Seriously.

The topic of "gun control" has been debated for months -- years, actually -- but the bizarre and convoluted strictures of this particular bill have not. Many NY legislators still don't know what they voted for, as has become painfully apparent in news conferences. Furthermore, the state police FAQ about the new laws is at odds with the text itself on many points: effective dates, types of weapons banned, etc.

It's a goat rodeo, pure and simple.

[gejohnston]

7. they forgot to include an on duty LE exemption

for the magazine capacity among other flaws. Some state leg members claim they had less than 20 min to read the bill. Not being in NY, I'm guessing what was debated is different than what was passed.

[ThatPoetGuy]

10. Welcome to DU!

Glad to see a progressive amid the turgid swamp of propaganda.

They've heard from the blogs they read that the legislators didn't have time to read the specifics of the bill. But those blogs don't want them to think -- about anything -- and they don't want them to consider the fact that legislators never have the time to read a bill. Bills are often hundreds or thousands of pages of dense legal writing, and if you start reading, four hours later it will be modified slightly.

It's pure swill, pure falsehood, purely misleading, and yet these folks keep going back to the blogs that lie to them.

Don't let them drive you away. We need some good people here to balance them out.

[oneshooter]

11. So you are saying that it is ok with you

If the lawmakers have little or no idea what laws they are passing?

[slackmaster]

13. If it is true that legislators never have time to read a bill, I'd say that's an indication of...

...something terribly wrong with the system.

[derby378]

14. Unfortunately, this problem has been around for a while

How do you think the original USA PATRIOT Act got rammed through Congress?

[razee]

8. County legislatures pushing back against SAFE Act provisions

40 of the state’s 62 counties have called for the act’s repeal with resolutions by their respective county legislatures.
http://www.oleantimesherald.com/news/article_b332ef4c-8a65-11e2-bda3-0019bb2963f4.html

Some of it might stick for NYC and surrounding counties.
But I would be surprised if any of the SAFE Act is intact upstate after all is said and done.

[Progressive dog]

9. Yeah and Onondaga was 14-3 Rethugs vs Democrats

Since the Democrats control the state assembly, senate, and governor; then because upstate county legislatures (think small and shrinking populations) are controlled by the Rethugs, we are supposed to allow the state to repeal the SAFE act. Best of luck with that.
The reasons for opposition is all over the map, apparently even in safe Rethug territory, expressing direct opposition to actual provisions of the SAFE act is not thought to be a popularity booster.

[hrmjustin]

12. the dems do not control the NY state senate.

[Progressive dog]

15. The Democrats hold a majority in the NYS Senate

In NY many Senate republicans are to the left of the mid-western blue dogs. There is an Independent Democratic caucus that allows the Republicans to maintain nominal control of the Senate, but the votes in the Senate are Democratic.

How else would the SAFE act have passed in the first place?

You might also remember that the NYS Senate has been held by the Republicans for decades, by gerrymandering Senate districts with the necessary collusion of the Democrats. NY has become too Democratic for this to remain possible any longer.

[hrmjustin]

16. The Gop controls the senate. Those Senators can call themselves what they want but next primary

season it is revenge time.