New York S1427-2011: Proposes a constitutional amendment protecting the RKBA

New York S1427-2011: Proposes a constitutional amendment protecting the RKBA

This is a discussion on New York S1427-2011: Proposes a constitutional amendment protecting the RKBA within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Sponsor: SALAND / Co-sponsor(s): BONACIC, GALLIVAN, LARKIN, MAZIARZ, NOZZOLIO, O'MARA, RANZENHOFER, RITCHIE, SEWARD, YOUNG / Committee: JUDICIARY Law Section: Constitution, Concurrent Resolutions to Amend / ...

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Thread: New York S1427-2011: Proposes a constitutional amendment protecting the RKBA

  1. #1
    Senior Member Array mrreynolds's Avatar
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    Thumbs up New York S1427-2011: Proposes a constitutional amendment protecting the RKBA

    Sponsor: SALAND / Co-sponsor(s): BONACIC, GALLIVAN, LARKIN, MAZIARZ, NOZZOLIO, O'MARA, RANZENHOFER, RITCHIE, SEWARD, YOUNG / Committee: JUDICIARY
    Law Section: Constitution, Concurrent Resolutions to Amend / Law: Ren Art 20 to be Art 21, add Art 20, Constn

    S1427-2011 Memo
    BILL NUMBER:S1427

    TITLE OF BILL:
    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to the constitution in relation to the right to keep and bear arms

    PURPOSE:
    This proposed constitutional amendment would provide within the New York State Constitution for a right of the people to keep and bear arms for traditionally recognized purposes.

    SUMMARY OF PROVISIONS:
    A new Article Twenty would be added to the State Constitution to ensure the individual right of the law-abiding citizen to keep and bear arms for the purposes of defense of self, state, hunting and recreation.

    JUSTIFICATION:
    The proposed language is an approximate conglomeration of the language of the Oregon and New Mexico State constitutions. It seeks to protect activities involving lawfully held arms, which have been traditionally recognized by the constitutions of the various states. The language also places with the State all authority over the regulation of arms and arms accouterments. This is something of particularly great need in New York State as a patchwork of local regulations and administrative practices have created tremendous confusion over and disparity between, applicable regulations from county to county.

    In recent years, there has been considerable dispute as to whether the right of the people to keep and bear arms, (as guaranteed by the United States Constitution, Amendment II), protects an individual right to arms, or only state power over militias. Recently, in the landmark case of D. C. v. Heller the Supreme Court held that the Second Amendment does in fact protect an individual right to possess a firearm for traditionally lawful purposes such as self-defense. (D.C. v. Heller, 554 U.S. 290 (2008)). In reaching this holding, the Court cited historical scholarship and linguistic evidence which amply demonstrates that what the Second Amendment to the United States Constitution guarantees is a right of law-abiding, responsible adults to acquire and possess arms for lawful uses. (See, e.g. 4 Encyclopedia of the American Constitution, 1639-40, Karst & Levi eds. (1986); Levinson, The Embarrassing Second Amendment, 99 Yale Law Journal 637, (1991); Khates, Handgun Prohibition and the Original Meaning of the Second Amendment, 82 Michigan Law Review 204, 244-52, (1983); Shalhope, The Ideological Origins of the Second Amendment, 69 Journal of American History 599, (1982)). The Court further cited the many state constitutions containing provisions protecting an individual right to bear arms for self-defense. (D.C. v. Heller, 554 U.S. 590). Thus, the amendment proposed puts to a final rest whatever remains of the now largely discredited states' rights position. However, as the proposed amendment explicitly provides for a right to keep and bear arms for the purpose of defense of the State, it is clear that the ability of the State to maintain its traditional militia is not in any way impaired by enactment of the amendment.

    The proposal here is for a guarantee of individual rights in a state constitution, and this necessarily means that the guarantee is to the individual rather than the State. Indeed, the State would have no reason to guarantee rights of the state, possessed under the state Constitution, against prohibition by the State itself. Civil rights provisions, such as the proposal here, have been generally interpreted as broadly guaranteeing a right of individuals to possess various kinds of ordinary arms to law-abiding, responsible adults. (See, State v. Kessler, 614 P. 2d 94, (Or. S.Ct. 1980); see also, S. Halbrook, A Right To Bear Arms: State and Federal Bills of Right and Constitutional Guarantees 1989); Dowle, The Right to Arms, 36 Oklahoma Law Review 789 (1982); Dowle, Federal and State Constitutional Guarantees To Arms. 15 university of Dayton Law Review 1 1989); Chaplain, The Right of the Individual to Bear Arms, bet. Coll. Law Review 789 (1982). There is no provision currently in the New York State constitution providing for a guarantee of the right to keep and bear arms. This puts New York into a small minority of states lacking such traditional state constitutional protection for citizens. This is especially surprising when it is considered that it was New York's own delegation which prevented ratification of the original Federal Constitution until assurances were given that, upon ratification, work would begin on a Bill of Rights guaranteeing individual freedoms against government encroachment. It would seem a gross oversight that the very same protections against governmental excess which the New York delegation sought to prevent would nevertheless be found lacking in the New York State Constitution.

    LEGISLATIVE HISTORY:
    2009-2010: S.1256 - Opinion referred to Judiciary
    2007-2008: S.1079 - Opinion referred to Judiciary
    2005-2006: S.463 - Opinion referred to Judiciary
    2003-2004: S.2824 - Opinion referred to Judiciary
    2001-2002: S.5059 - Opinion referred to Judiciary
    1999-2000: S.3079 - Opinion referred to Judiciary
    1997-1998: S.677 - Opinion referred to Judiciary
    1995-1996: S.1420 - Opinion referred to Judiciary

    FISCAL IMPLICATIONS:
    None.

    EFFECTIVE DATE:
    RESOLVED (if the Assembly concur), That the foregoing amendments be referred to the first regular legisaltive 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.

    S1427-2011 Text
    S T A T E O F N E W Y O R K

    1427
    2011-2012 Regular Sessions
    I N SENATE
    January 7, 2011

    Introduced by Sens. SALAND, BONACIC, LARKIN, MAZIARZ, RANZENHOFER, SEWARD -- 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 the constitution in relation to the right to keep and bear arms

    Section 1. RESOLVED (if the Assembly concur), That article 20 of the constitution be renumbered article 21 and a new article 20 be added to read as follows:

    ARTICLE XX
    RIGHT TO KEEP AND BEAR ARMS
    SECTION 1. THE PEOPLE SHALL HAVE THE RIGHT TO KEEP AND BEAR ARMS FOR THE DEFENSE OF THEMSELVES AND THE STATE, FOR LAWFUL HUNTING AND RECREATIONAL USE, AND FOR ANY OTHER LAWFUL PURPOSES, AND NO COUNTY, MUNICIPALITY OR OTHER POLITICAL SUBDIVISION OF THE STATE SHALL REGULATE, IN ANY WAY, AN INCIDENT OF THE RIGHT TO KEEP AND BEAR ARMS.


    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. LBD89043-01-1

    1: LINK: S1427-2011

    2 LINK: Committee Meeting: Tuesday, May 15th, 2012, 11:30 am - 12:30 pm
    Last edited by mrreynolds; May 11th, 2012 at 05:04 PM.


  2. #2
    Distinguished Member Array BigStick's Avatar
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    Wow, Bloomberg would be PISSSSSSSED!

    Sounds good.
    Walk softly ...

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    SUMMARY OF PROVISIONS:
    A new Article Twenty would be added to the State Constitution to ensure the individual right of the law-abiding citizen to keep and bear arms for the purposes of defense of self, state, hunting and recreation.
    emphasis added

    I wonder what "state" is. Anybody know?
    It's the Land of Opportunity, not the Land of Entitlements - Vote America!!!

    "When governments fear the people there is liberty. When the people fear the government there is tyranny." Thomas Jefferson

    You are only paranoid until you are right - then you are a visionary.

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    Senior Member Array mrreynolds's Avatar
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    Quote Originally Posted by ksholder View Post
    emphasis added

    I wonder what "state" is. Anybody know?
    State of New York

  5. #5
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    Quote Originally Posted by mrreynolds View Post
    State of New York
    OK, I see, both "self" and "state" go with "defense of", but hunting and recreation don't. Rather poorly written, but I like the intent of the bill.
    It's the Land of Opportunity, not the Land of Entitlements - Vote America!!!

    "When governments fear the people there is liberty. When the people fear the government there is tyranny." Thomas Jefferson

    You are only paranoid until you are right - then you are a visionary.

  6. #6
    Senior Member Array mrreynolds's Avatar
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    Brief video of the vote from 1:43 until 3:14. Seven Senators opposed it but they already had enough votes to bring the bill to the floor.

    NYS Senate Judiciary Committee Vote Video

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