A court challenge to Governor Cuomo's late-night lawmaking and waiver of the three-day waiting period for bill passage failed in Albany when the judge said he could not rule on the governor's statement of necessity because previous law made it clear that such statements could not be questioned.
“The Court of Appeals has been clear, is clear, that judicial intervention or judicial review of a message of necessity is not
allowed,” said New York Supreme Court Justice Thomas McNamara.
Thus, state lawmakers are implementing changes that would not pass in Washington. Colorado has a new magazine limit law and a silly statute that, effective July 1, requires all private gun transfers between unrelted parties to be processed by a licensed Federal Firearms Dealer, who must conduct a background check through the FBI NICS system unless the gun recipient has a valid Colorado concealed handgun license. It is then the gun dealer's responsibility to archive the 4473 form completed for the transaction.
The firearms dealer can charge no more than $10 for the background check and paperwork processing. In the past, dealers have gladly done this in order to sell a gun. But ten bucks is hardly worth the time taken away from sales and customer service to walk an applicant through the process and make the call. Oh, we're hearing that NICS line has been pretty busy of late.