NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3987
SPONSOR: Barclay (MS) 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
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 OR GENERAL IDEA OF BILL:
To amend the New York State Constitution to include the right to keep
and bear arms in Article 1 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.
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. B 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 guaran-
tee the state right fully reflects its federal counterpart.
Forty-four States have provisions in their state's Constitution regard-
ing 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 citi-
zen 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 Amend-
ment 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.
PRIOR LEGISLATIVE HISTORY:
A6504 of 2021-22 Referred to Codes
A5209 of 2019-20 Held for consideration in Codes
A3274 of 2017-18 Held for consideration in Codes
A5538 of 2015-16 Held for consideration in Codes
A8503 of 2014 Referred to Codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
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
STATE OF NEW YORK
________________________________________________________________________
3987
2023-2024 Regular Sessions
IN ASSEMBLY
February 8, 2023
___________
Introduced by M. of A. BARCLAY, HAWLEY, PALMESANO, MANKTELOW, MORINELLO,
REILLY, BYRNES, SIMPSON, GALLAHAN, LEMONDES, J. M. GIGLIO, DeSTEFANO,
BRABENEC -- Multi-Sponsored by -- M. of A. BLANKENBUSH, K. BROWN,
DiPIETRO -- read once and referred to the Committee on Codes
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
1 Section 1. Resolved (if the Senate concur), That article 1 of the
2 constitution be amended by adding a new section 19 to read as follows:
3 § 19. Right to keep and bear arms. A well regulated militia being
4 necessary to the security of a free state, the right of the people to
5 keep and bear arms cannot be infringed.
6 § 2. Resolved (if the Senate concur), That the foregoing amendment be
7 referred to the first regular legislative session convening after the
8 next succeeding general election of members of the assembly, and, in
9 conformity with section 1 of article 19 of the constitution, be
10 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.
LBD89048-01-3
