What's happening
This bill proposes a constitutional amendment to guarantee the right to keep and bear arms in New York State.
Why it matters
Strengthening State-Level Gun Rights. By embedding the right to keep and bear arms directly into New York’s state constitution, this amendment would make it much harder for future state lawmakers or courts to pass or uphold gun control laws that could be seen as infringing on this right.
Potential for Legal Challenges. If adopted, this amendment could lead to increased legal challenges against existing or new state and local gun regulations, as citizens and advocacy groups may argue that such regulations violate the newly enshrined constitutional right.
Shift in State Policy Approach. This would represent a significant policy shift for New York, a state known for its relatively strict gun control laws, potentially limiting the legislature’s ability to tailor firearm regulations in response to public safety concerns or changing conditions.
Broader Impact on Public Safety and Governance Debates. The amendment could intensify debate over the balance between individual rights and public safety, and may influence how New Yorkers—and other states—think about the scope of constitutional rights versus legislative authority.
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Who cares
Headline styles
Protect Right to Bear Arms
Plain English, a few words. Used as the page title.
Sponsors
History
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
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 Assembly Committee · Judiciary · Sponsor William A. Barclay
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
747
2017-2018 Regular Sessions
IN SENATE
January 4, 2017
Introduced by Sens. RITCHIE, CROCI, MARCHIONE, O'MARA, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
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 Assembly 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 Assembly 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.
Sponsor's memo
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
2015-2016: S3330- Attorney General Opinion Referred to Judiciary/ A.5538- Held for consideration in codes. 2013-2014: S.4599 - Referred to Attorney General for Opinion / A.8503 - Opinion referred to Judiciary
Fiscal implications
None.
Effective date
Resolved (if the Assembly 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.