New York Courts May Kill Cuomo Assault on Gun Rights

By:  Alex Newman
03/05/2013
       
New York Courts May Kill Cuomo Assault on Gun Rights

In a widely celebrated move by activists, New York Supreme Court justices last week ordered Democrat Gov. Andrew Cuomo’s administration to prove by the end of next month that its recent assault on gun rights is actually constitutional — critics and experts say it clearly violates both the U.S. and state constitutions. The extraordinary speed used to adopt the controversial legislation, which appears to have violated a separate provision in the state constitution, is also facing scrutiny from the judicial branch.

In a move widely celebrated by activists, New York Supreme Court justices last week ordered Democrat Gov. Andrew Cuomo’s administration to prove by the end of next month that its recent assault on gun rights is actually constitutional — critics and experts say it clearly violates both the U.S. and state constitutions. The extraordinary speed used to adopt the controversial legislation, which appears to have violated a separate provision in the state constitution, is also facing scrutiny from the judicial branch.

If the state government fails to prove its case on both counts in the time frame provided, the unprecedented attack on gun rights may be struck down entirely, or at least temporarily rendered void. Gun rights activists have been pursuing multiple strategies to defeat the controversial infringements on the right to keep and bear arms adopted in New York. However, attacking them in the courts is seen by activists as among the most viable, at least at this point.

The statute in question, the so-called “NY SAFE Act,” purports to limit firearms to seven rounds and ban most semi-automatic weapons and standard-capacity magazines. Other unconstitutional and highly controversial provisions aim to, for example, mandate gun-owner registration with authorities while demanding government approval for virtually every firearm transfer.

Activists have already promised to defy the unconstitutional restrictions, and thousands of protesters recently converged on Albany calling on “King” Cuomo to resign or even be tried for treason owing to his blatant disregard for his oath of office and the lawless assault on the Constitution. The protests are getting bigger and louder even as the state faces an avalanche of lawsuits to overturn its lawless assault on the rights of law-abiding New Yorkers.

Amid the anti-gun rights hysteria whipped up by the increasingly discredited establishment media after the massacre of children in a Connecticut “gun-free zone,” the controversial “NY SAFE Act” was rammed through the legislature with arm-twisting from Gov. Cuomo on January 15. It passed just hours after being introduced — an apparent violation of the state Constitution, which generally requires three days before legislation can be passed unless there is an emergency.

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