BUFFALO, N.Y. -- In both the mass murders in Buffalo and Uvalde, Texas over the last two weeks, the alleged shooters were 18 years old and used a semi-automatic AR-15 style rifle.

Gov. Kathy Hochul on Wednesday proposed a ban on similar style guns for adults under the age of 21. A reporter asked Hochul what gave her confidence that law could survive a court challenge when a federal court struck down a similar California law just a few weeks ago.

"I'm not going to let my fear of losing a court case to stop me from what I think is correct for New Yorkers and will protect them because you may get a good judge also who actually cares and has common sense and would understand that these are not punitive measures," she said. "We have the right to protect people as well and I'll make that argument in court any day of the week."

Former New York State Supreme Court Justice Penny Wolfgang said the governor is right not to be deterred by the California decision for several reasons.

"There was a dissent in the decision, number one, and number two, California is a different state from New York, different court, different judges and there may very well be a different interpretation," she said.

Wolfgang notes the dissenting decision in the 2-1 ruling from the San Francisco-based 9th U.S. Circuit Court of Appeals was actually a judge assigned from New York. She said if New York passes a law and someone challenges it in federal court, the California decision will almost definitely be cited as precedent, but it's not binding.

"In a way, it doesn't sound right to say maybe we'll get a different judge, but judges interpret the law as they see it, the law and the facts," she said. "That's what we have judges for, to use their knowledge and experience and legal training to make a determination."

The former judge pointed out not proposing a law because of a fear of it being struck down would defeat the concept of checks and balances.

"What she's saying to us is, 'I'm going to propose this law. The Legislature will now pass it. I don't know how it's going to be written. We don't know what the terms are going to be, but go. That's what I'm going to do and yes, as a judge, I would say that is her prerogative," Wolfgang said.

Wolfgang said the California court decided raising the age violated the Second Amendment but noted those rights aren't unlimited and different judges have interpreted them broadly.