Class action lawsuit against SAFE Act

WIVB.com

Posted by: Eli George

Updated: Feb 21, 2013 10:20 PM

WEST SENECA, N.Y. (WIVB) — As county lawmakers take a stand against Governor Andrew Cuomo's NY SAFE Act, gun owners are planning a strategy they hope will restore their right to bear arms.

Dozens turned out to a meeting Thursday night in West Seneca. Gun owners there lauded one lawyer who's fighting to get the law overturned.

"It was done unfairly. I feel it's unconstitutional. We weren't given the proper amount of time and there's a lot of things in there that are penalizing legal gun owners as myself," said one gun owner.

Ian Calder is a gun owner who signed signed a petition for representation in a class action lawsuit against the state and state leaders. Jim Tresmond filed the lawsuit. He is demanding a jury determine the constitutionality of the SAFE Act and calls it the closest thing to a public referendum on the law.

"The big deal is whether or not they can maintain their guns that they bought prior to this law," Tresmond said.

Tresmond says he plans on calling Governor Cuomo as a witness in this case, but the governor says he's not trying to take guns away from anyone. In fact, he says he anticipates tweaking the bill.

And on Thursday, Erie County legislators voted to send a message to Governor Cuomo. They don't want the act tweaked, they want the law overturned.

Democratic Legislator Thomas Loughran. "My hope is that it does send a message to have a more open process."

Loughran joined Democrat Terrence McCracken and the GOP minority to pass the resolution.

"It's like a truck rolling down hill. Somebody is putting the brakes on so it stops and that's what will happen with this onerous law," Tresmond said.

So far, this is the only lawsuit filed in NYS. But Tresmond says it will be a long and arduous process for he and his legal team. They expect to fight this battle in courts over the next two years.

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