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A state Supreme Court Judge has thrown out a legal challenge to the SAFE Act, not based on Second Amendment rights, but that a procedural motion leading to its passage is constitutional.

Acting Supreme Court Justice Thomas McNamara ruled that a “message of necessity” issued by Governor Cuomo in January 2013 complies with the state constitution. An activist argued that Cuomo did not provide enough justification for issuing it. A message of necessity allows state lawmakers to vote on a bill immediately after it is introduced without any waiting period.

There was also an element in the decision about a provision in the state constitution about “defense and protection” but Judge McNamara also shot that down, saying the argument falls sort of “demonstrating unconstitutionality beyond a reasonable doubt.”

Activist Bob Schulz, who filed the lawsuit, says he will appeal.

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