Bill S4599-2013

Relates to the right to bear and keep arms

Relates to the right of the people to bear and keep arms.

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  • Jan 13, 2014: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 8, 2014: REFERRED TO JUDICIARY
  • May 6, 2013: OPINION REFERRED TO JUDICIARY
  • Apr 19, 2013: TO ATTORNEY-GENERAL FOR OPINION
  • Apr 12, 2013: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S4599

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 beat 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, which will include the right to keep and bear arms Adding this section will ensure the right to keep and bear arms receives the highest protection of the State's legal system. This will also ensure the placement of the right to keep and bear arms in New York State law mirrors its placement in Federal law. where it is a part of the United States Constitution's Bill of Rights.

The language currently contained in the New York State Civil Rights Laws, which would be added to the New York State Constitution by this bill, is practically identical to the language contained in the Second Amendment to the United States Constitution.

Furthermore, 44 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, as is the language in this bill. Only 5 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. Therefore, 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 44 other States.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Resolved (if the Assembly 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 4599 2013-2014 Regular Sessions IN SENATE April 12, 2013 ___________
Introduced by Sen. RITCHIE -- 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: S 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. S 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. LBD89122-01-3

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