by: Bobbie Anne Flower Cox
New York state is one of the worst states in the nation to own a gun. Thank goodness for the Second
Amendment and for the Supremacy Clause in our federal Constitution, which (in its most basic description) puts federal law above state law (for the most part). If it wasn’t for those two staples in our federal Constitution, New York state would undoubtedly wipe gun ownership off the state map!
How do I know this? Just look at the overwhelming evidence. To start, did you know that the word
gun doesn’t even appear in our state Constitution? Not once. Nor does the word arms. The only remote (and highly tenuous) reference to the right to bear arms in our state Constitution is Article XII, which establishes an organized militia. The entire article is two, rather anorexic, sentences that
read:
Section 1. The defense and protection of the state and of the United States is an obligation of all persons within the state. The legislature shall provide for the discharge of this obligation and for
the maintenance and regulation of an organized militia.
This is a far cry from codifying the Second Amendment into our state Constitution. Regardless, thanks to our federal Constitution, no matter how begrudgingly, the radical politicians who control our New York state Legislature must allow gun ownership. However, they have a long history of pushing the limits with government overreach in this arena by making it extremely difficult to own a
gun in this state.
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