senate Bill S4599

Relates to the right to bear and keep arms

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 12 / Apr / 2013
    • REFERRED TO JUDICIARY
  • 19 / Apr / 2013
    • TO ATTORNEY-GENERAL FOR OPINION
  • 06 / May / 2013
    • OPINION REFERRED TO JUDICIARY
  • 08 / Jan / 2014
    • REFERRED TO JUDICIARY
  • 13 / Jan / 2014
    • TO ATTORNEY-GENERAL FOR OPINION

Summary

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

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A8503
Versions:
S4599
Legislative Cycle:
2013-2014
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Add Art 1 ยง19, Constn

Sponsor 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4599

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.