BUFFALO, NY - A local challenge to New York's Safe Act will likely be delayed. The push back is a direct result of a recent federal court ruling in response to a separate challenge to the law.
Now, a trial in state Supreme Court in Erie County scheduled for Jan. 16 probably will not take place.
Last week, a federal judge ruled that the vast majority of the controversial law, including a ban on assault weapons, is constitutional.The one exception is that the state cannot limit a magazine to seven bullets, the judge ruled.
According to attorney Jim Tresmond, the New York State Rifle and Pistol Association is appealing that ruling.
"That case will be controlling for our case and any other case in the future in the Western District," Tresmond said.
Tresmond's son, Max, also an attorney on the case, added: "The Second Amendment was not the only issue ... the Fourth, Fifth, and Fourteenth Amendment issues, property rights, privacy rights and so on, were also raised. However, Judge [William] Skretny's decision encompassed all of that."
The Tresmond law firm represents two plaintiffs in a state Supreme Court case. The complaint argues against added gun registration requirements and restrictions on shotguns.
Attorney Paul Cambria says even though Tresmond's case is in a different court, Tresmond could still pursue the case.
"A state court can also interpret the federal constitution. However, in the end, the final interpretation would be by the highest court on the federal side," said Cambria.
And that's what the state rifle association is in the process of doing -- challenging the Safe Act to the highest court it can. Tresmond is waiting until that point is reached before making a decision about his case.
Tresmond still needs to file the official paperwork to delay the trial, which needs to be approved by a judge.