ALBANY, N.Y. — A state judge refused Wednesday to block New York’s tough new gun law challenged in a suit by more than 1,000 people who say it violates the state constitution because it was passed too quickly and restricts the rights of a citizen militia.
Justice Thomas McNamara said case law by New York’s top court prevents him from reviewing Governor 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, said 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.
The judge gave state attorneys 30 days to file their response to the suit’s underlying claims that the law should be voided as unconstitutional.
Schulz said he will ask the court to consider whether a message of necessity can be reviewed by courts when the facts used to justify quick legislative action are false.