Saturday, December 20, 2014

Attorney files suit in State Supreme Court to challenge NY Safe Act

BUFFALO, N.Y. (WKTV) - Tuesday marks the first official step in a Buffalo attorney's legal challenge to the NY Safe Act.

Thousands have contacted attorney James Tresmond to express concern, even outrage, at New York's new, strict gun laws, but it only took two names to get the case before a State Supreme Court Justice in Buffalo.

Tresmond says plaintiffs Richard Dywinski and David Lefkowitz are hard-working, upstanding Erie County men who have never been convicted of a crime, but who would face possible prosecution under the state's new gun control law if they don't surrender their property or sell it out of state. It is their names which appear on the order to show cause Tresmond is filing Tuesday in State Supreme Court in Buffalo.

If the judge signs the show cause order, there would be a return date in court within 20 days. If the judge doesn't sign the order, Tresmond says he'll file a notice of petition. Tresmond's goal is to eventually present his constitutional challenge to NY Safe Act as a class action lawsuit. He says he's been contacted by thousands of willing parties throughout the state.

It may be known later on Tuesday whether or not the judge signs the show cause order.