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SAFE Act lawsuit back in court

ALBANY --The fight against the state's gun law was back in court Thursday.

Bob Schulz, lead plaintiff in the matter, argued before the new York State Supreme Court Appellant Division that a the SAFE Act was passed unconstitutionally. Schulz argued the Message of Necessity used to help pass the law in a timely manner was not needed.

In January the state legislature called for a Message of Necessity after the SAFE Act bill was printed. The "message" meant the legislature did not have to wait the normal three days for the bill to age. Instead the senate voted on the gun bill that night, just hours after the bill was printed.

"There was no need for speed here," Schulz said Thursday.

In March Schulz, who is lead plaintiff in the case that has over 1,100 signed on to it, asked a lower court to approve an injunction on the law. The motion to have the law stopped was denied.

Schulz asked the court Thursday to overturn that ruling.

An attorney for the state argued the Message of Necessity was constitutional, referring to a case in 2005 when the same governing tool was challenged. In that case the courts agreed with the state and said the "message" was valid.

Schulz argues the 2005 case and the one he is fighting are two separate cases.

While in court Schulz asked the four judges to have whatever decision they make be doubled checked by the state's Court of Appeals.

No word on when the Appellant Court will make their ruling.