A motion for a preliminary injustice of the controversial Cuomo gun law was denied by a state Supreme Court judge on Wednesday, reported the Democrat and Chronicle.
The plaintiffs, numbering over 1,200, sued the state over Governor Andrew Cuomo's use of a "message of necessity," alleging that passage of the law on the first day of session was unconstitional.
Supreme Court Justice Thomas McNamara shot down the motion because he "constrained" by previous decisions of the state's highest court, he said.
He said that the courts are not allowed to intervene with a message of necessity, as decided by previous Court of Appeals rulings.
The plaintiffs plan to appeal, and said they expect the lawsuit to go before the Court of Appeals.
The governor's office reportedly declined to comment.
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