DEFEND2 PROTECT THE 2ND AMENDMENT
PROTECT THE 2ND AMENDMENT

New York State Needs an RKBA Amendment

Assembly Bill 3987 was introduced on Feb. 8, 2023, by Assembly Member William Barclay (R) and 15 Republican cosponsors. If passed, New York voters could have considered an amendment to the state constitution prohibiting the infringement on the right to keep and bear arms. It was referred to the Judiciary Committee on 01/26/2024 for further consideration. There were no votes for this bill in the 2023-2024 legislative session. In the ever-evolving landscape of legislative priorities, New York State Assembly Bill A3987 stands out as a crucial piece of legislation that demands immediate attention and support. This bill, which relates to the right of the people to bear and keep arms, is not just another addition to the legislative docket; it is a fundamental step towards ensuring the constitutional rights of New Yorkers are upheld and protected.

Forty-five states have a provision in their state constitutions similar to the Second Amendment, protecting the right to keep and bear arms, also known as an RKBA (Right to Keep and Bear Arms) amendment; the exceptions are California, Maryland, Minnesota, New Jersey, and New York. A state constitutional amendment can create a legal pathway for New York to block state and local enforcement of gun control through the state courts even when federal courts allow it. It would also allow New York courts to place stricter protections on the right to keep and bear arms than federal courts. As one of only five states with a No “right to keep and bear arms” provision – Iowa voters passed theirs on November 8th 2022 – Assembly Bill 3987 should be reintroduced, passed and given to the voters of New York State to vote on.

Upholding Constitutional Rights

At its core, Assembly Bill A3987 seeks to amend Article 1 of the New York State Constitution by adding a new section that explicitly guarantees the right of the people to bear and keep arms. This amendment is not merely symbolic; it is a reaffirmation of the Second Amendment rights enshrined in the United States Constitution. By passing this bill, New York State will be taking a definitive stand in support of individual liberties and the fundamental right to self-defense.

Addressing Legal Ambiguities

One of the primary reasons for the necessity of Assembly Bill A3987 is the need to address existing legal ambiguities surrounding the right to bear arms in New York State. The current legal framework is often seen as convoluted and inconsistent, leading to confusion and potential legal challenges. By clearly defining and protecting this right within the state constitution, the bill will provide much-needed clarity and consistency in the application of the law.

Enhancing Public Safety

Contrary to some misconceptions, the passage of Assembly Bill A3987 is not about promoting unchecked access to firearms. Instead, it is about ensuring that law-abiding citizens have the means to protect themselves and their families. Studies have shown that responsible gun ownership can act as a deterrent to crime and enhance public safety. By enshrining the right to bear arms in the state constitution, New York will be empowering its citizens to take an active role in their own protection.

Reflecting Public Sentiment

The introduction and support of Assembly Bill A3987 reflect the sentiments of many New Yorkers who believe in the importance of the right to bear arms. The bill has garnered significant support from various legislators and advocacy groups who recognize its importance in safeguarding individual freedoms. By passing this bill, the state legislature will be aligning itself with the values and beliefs of a substantial portion of its constituents.

Setting a Precedent for Other States

New York State has always been a leader in progressive legislation, and the passage of Assembly Bill A3987 would set a powerful precedent for other states to follow. By taking a proactive stance on this issue, New York can inspire other states to reevaluate and strengthen their own constitutional protections for the right to bear arms. This ripple effect could lead to a broader national movement towards reaffirming and protecting Second Amendment rights.

Conclusion

In conclusion, the passage of New York State Assembly Bill A3987 is not just a legislative necessity; it is a moral imperative. By upholding constitutional rights, addressing legal ambiguities, enhancing public safety, reflecting public sentiment, and setting a precedent for other states, this bill represents a comprehensive approach to safeguarding the fundamental right to bear arms. It is time for New York State to take a decisive stand and pass Assembly Bill A3987, ensuring that the rights of its citizens are protected for generations to come.

Find Your Assembly Member here and ask them to reintroduce an RKBA Amendment.