Last week a judge of the New York Supreme Court held that the SAFE act was constitutional. This danger hit the news last year when both Schultz and NYSRPA were filing their suits against SAFE. It was run by a pro-se plaintiff who enjoys filing lawsuits for what he views as constitutional violations. These people are the greatest threats to our Second Amendment rights out there; even more than the anti-gunners. Robert Schultz quite possibly just lost for New Yorker’s any substantive right which they can claim against SAFE. The New York Rifle and Pistol Association suit is still in play, but existing bad precedent greatly complicates matters. You can read the opinion here:
The complaint and memoranda submitted by plaintiffs are unclear as to other bases for challenging the SAFE Act. For instance, in the complaint plaintiffs allege that the Safe Act arguably infringes on rights protected by the Second Amendment of the United States Constitution and Civil Rights Law §4. Plaintiffs also assert that the statute arguably infringes on rights guaranteed by New York Constitution ArticleXII. However, Legislative enactments enjoy a strong presumption of constitutionality and while the presumption is rebuttable any invalidity must be demonstrated beyond a reasonable doubt (Matter of McGee v Korman, 70 NY2d 225,231 ). Here, plaintiffs have failed to demonstrate in what manner the SAFE Act infringes upon their asserted rights.
In other words, he failed to make his case. These things are really left up to professionals and experts, and not rank amateurs out to make a name for themselves or to stroke their own egos. I’m normally very amiable towards amateurs, but this the practice of law is not one of those cases.
7 Responses to “SAFE Act Upheld In Sloppy Lawsuit”
- SayUncle » Speaking of SAFE - […] Sloppy lawsuits make sloppy case law […]