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.