Senate Bill S4599

                                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.