Second Lawsuit Filed Against NY SAFE Act

February 27, 2013 Updated Feb 27, 2013 at 7:54 PM EDT

By Rachel Elzufon

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February 27, 2013 Updated Feb 27, 2013 at 7:54 PM EDT

Buffalo, NY (WKWB) - As thousands of New Yorkers get ready to rally against the NY SAFE Act in Albany, a Western New York attorney has filed his second lawsuit -- and it could get part of the law thrown out.

From the day Governor Cuomo signed the NY SAFE Act, gun rights activists began fighting the new law.

Their main claim -- that it is unconstitutional and violates their second amendment rights.

The day before thousands of lobbyists congregate in the Albany, James Tresmond filed a a second lawsuit against Governor Cuomo and the State of New York.

The lawsuit says the NY SAFE Act will completely shutdown a Chautauqua County man's business. That individual works as a firearms dealer. Tresmond says his livelihood is selling the rifles included in the broader assault rifles ban.

Tresmond tells Eyewitness News "his business is starting to dry up. He can't get firearms shipped to him across state lines."

On April 29th, the State Attorney General or a State Attorney will have to come to Chautauqua County, and argue why the tougher assault weapons ban should stand.

Wednesday, activists were already in Albany, lobbying for lawmakers to repeal the NY SAFE Act.

Thousands more will join on Thursday, including hundreds of Western New York.

Chuck Godfrey, with the Erie County Federation of Sportsmen's Club, says his organization is taking six busses to Albany.

They plan to talk to lawmakers.

"To the people who voted against it, we're going to say thank you, we really appreciate it," says Godfrey. "To the people who voted for it, these are the reasons it's not a good thing."

Afterwards, a monster rally is planned at Capitol Park.

However, a separate rally in support of the SAFE Act, organized by health care workers with the Service Employees International Union, has been cancelled.

Representatives say that state police would not issue a permit due to safety concerns.

However, that does not mean the debate is going away.

SEIU is planning what it calls one of the biggest gun prevention rallies ever in late March.