7/28/2019 S4599 (RITCHIE) Right to Keep and Bear Arms

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 NEW YORK STATE SENATE INTRODUCER'S MEMORANDUM IN SUPPORT submitted in accordance with Senate Rule VI, Sec. 1 

(X)Memo on original bill 

SENATE BILL #: S.4599 SENATE SPONSOR(S): Ritchie

TITLE:

Concurrent Resolution of the Senate and Assembly proposing an amendment to article 1 of theconstitution, 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 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 19which 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. Itis 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, whichwill include the right to keep and bear arms. Adding this section will ensure the right to keep and

7/28/2019 S4599 (RITCHIE) Right to Keep and Bear Arms

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 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 languagecontained 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 Amendmentto 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 3months previous to the time of such election.