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March 13, 2013

Judge refuses to block tougher NY gun law

ALBANY — A state judge has refused to block New York's tough new gun law in a lawsuit by more than 1,000 people who claim it violates the state constitution because it was passed too quickly and restricts the rights of its citizen militia.

Justice Thomas McNamara says the law prevents him from reviewing Gov. Andrew Cuomo's justification for pushing the bill quickly through the Legislature instead of waiting the three days usually required. Cuomo used a "message of necessity" to skirt the waiting period.

Robert Schulz, who brought the suit, says he will ask the Court of Appeals to review the precedent, claiming Cuomo's emergency justification was false.

The law enacted Jan. 15 sets a seven-bullet limit on magazines, tightens the definition of illegal "assault weapons" and requires owners of formerly legal semi-automatic guns to register them.

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