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A03987 Summary:

BILL NOA03987
 
SAME ASNo Same As
 
SPONSORBarclay (MS)
 
COSPNSRHawley, Palmesano, Manktelow, Morinello, Reilly, Byrnes, Simpson, Gallahan, Lemondes, Giglio JM, DeStefano, Brabenec
 
MLTSPNSRBlankenbush, Brown K, DiPietro
 
Add Art 1 §19, Constn
 
Relates to the right of the people to bear and keep arms.
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A03987 Actions:

BILL NOA03987
 
02/08/2023referred to codes
02/09/2023to attorney-general for opinion
03/01/2023opinion referred to judiciary
01/03/2024referred to codes
01/08/2024to attorney-general for opinion
01/26/2024opinion referred to judiciary
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A03987 Memo:

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
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A03987 Text:



 
                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
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