Gun owners to focus on NY courtroom

NEW YORK, N.Y. (WIVB) - Thousands of New Yorkers, including many here in the western portion of the state, have signed a petition against Governor Cuomo’s SAFE Act. Monday, the governor and other lawmakers will go before a state supreme court justice to defend their gun legislation.

After months of stating their complaints, gun owners and activists will hear their complaints brought up to Govenor Cuomo and state legislators on Monday. Ken Scholz of Amherst doesn't even own guns, but he's one of more than 1,200 plaintiffs in a lawsuit brought by We the People of NY Incorporated. On Thursday, the group officially filed a complaint and a state supreme court justice has accepted a constitutional challenge to the Safe Act.

Scholz said, “Because I didn't like the way it was rammed through in Albany. That's what bothered me most about it."

The complaint states the governor's "message of necessity," used to push the bill through the Legislature without the required three-day waiting period. They also argue the legislation included misrepresentations and that it violates the state constitution.

Assemblyman Dave DiPietro said, “It was rammed through. It was my first day and we sat for 12 hours doing nothing and we didn't even have a copy of the gun bill until 11:50 p.m. after the Senate had passed it."

News 4 asked, "If there's a re-vote, do you think the results might be different?"

DiPietro said, “I hope they are. I don't believe with a downstate contingent that it will."

The governor's office has been quiet so far, but did say this to News 4 earlier in the month. Cuomo Spokesperson Rich Azzopardi said, “We believe the law is, and the process was valid and constitutional."

A Siena Research poll shows Governor Andrew Cuomo still has a two to one favorability rating , but that is the lowest number since he was elected governor.