What's happening
This bill proposes a constitutional amendment guaranteeing the right to keep and bear arms in New York State.
Why it matters
Could significantly impact state-level gun control laws. By embedding the right to keep and bear arms in the state constitution, this amendment could limit the legislature’s ability to pass or enforce restrictive gun regulations in New York, making it harder to enact new gun control measures or uphold existing ones.
Creates a legal standard for court challenges. If passed, any state or local law that arguably infringes on this right could face heightened scrutiny in state courts, potentially resulting in more gun laws being struck down as unconstitutional.
Shifts the balance of state vs. federal gun rights. While the Second Amendment already grants a federal right, a state constitutional right can provide additional protections or be interpreted more broadly by state courts, affecting outcomes for residents beyond what federal law alone provides.
May influence public debate and policy priorities. The formal recognition of this right at the state level could shape political discourse, advocacy efforts, and the priorities of lawmakers, signaling a stronger cultural and legal commitment to gun rights in New York.
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Who cares
Headline styles
Protect Right to Bear Arms
Plain English, a few words. Used as the page title.
Sponsors
7 Co-sponsors
4 Multi-sponsors
History
- Held for consideration in codes
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to codes
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Right to Bear Arms
In Senate Committee · Judiciary · Sponsor Patty Ritchie
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3274
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. BARCLAY, BUTLER, FINCH, HAWLEY, LOPEZ, MONTESANO, PALMESANO, WALTER -- Multi-Sponsored by -- M. of A. BLANKENBUSH, DiPIETRO, MAGEE, STEC -- read once and referred to the Committee on Codes
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
Section 1. Resolved (if the Senate concur), That article 1 of the constitution be amended by adding a new section 19 to read as follows:
§ 19. Right to keep and bear arms. A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed.
§ 2. Resolved (if the Senate concur), 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89053-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.