Relates to the right to bear and keep arms

5 Co-sponsors

• Thomas Croci
• Kathleen A. Marchione
• Michael F. Nozzolio
• Thomas F. O'Mara
• James L. Seward

BILL NUMBER:S3330

Title of bill

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to article 1 of the constitution, in relation to the right to bear and keep arms

Purpose

To amend the New York State Constitution to include the right to keep and bear arms in Article I of the Constitution which provides the Bill of Rights.

Summary of provisions

Section 1 amends Article 1 of the New York State Constitution by adding a new section 19 which enumerates the right to keep and bear arms.

Section 2 provides the effective date.

Existing law

The right to keep and bear arms is contained in Section 4 of Article 2 of the Civil Rights Law. It is not mentioned in the New York State Constitution.

Justification

The right to keep and bear arms, as expressed in the Second Amendment to the United States Constitution, is not included in the New York State Constitution. Article 1 of the New York State Constitution enumerates a Bill of Rights for New York State. But, New York State's Bill of Rights, unlike the Federal Bill of Rights, does not contain the right to keep and bear arms. Rather, New York State law enumerates the right to keep and bear arms in statute as part of the Civil Rights Law.

To more accurately reflect the importance of the right to keep and bear arms, this bill will amend the New York State Constitution by adding a new section to Article 1, the Bill of Rights, to include the right to keep and bear arms. By adding this section to our Constitution, the legislature will ensure the right to keep and bear arms receives the highest protection of the State's legal system. This will also guarantee the state right fully reflects its federal counter part.

Forty-four States have provisions in their state's Constitution regarding the right of citizens to keep and bear arms. Many of these provisions are modeled on the Second Amendment to the United States Constitution. Only five states, other than New York, do not have a provision in their State's Constitution protecting the right of a citizen to keep and bear arms. The enactment of this bill will place the right to keep and bear arms in New York State law in the same place as the Federal law and the laws of forty-four other States.

The language currently contained in the New York State Civil Rights Laws is practically identical to the language contained in the Second

Amendment to the United States Constitution. By adding this provision to the New York State Constitution the right to keep and bear arms will attain essential recognition and the full backing of the state's highest law. It is essential that this right is protected by our State Constitution and to achieve that objective the immediate enactment of this bill is necessary.

Legislative history

2013-2014: S.4599 - Referred to Attorney General for Opinion / A.8503 - Opinion referred to Judiciary

Fiscal implications

None.

Effective date

Resolved (if the concurs), that the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.