Not Be Infringed…Hunting and Fishing by Tom Reynolds
We all know that the U S Constitution says: “…the right of the people to keep and bear arms shall not be infringed.” (Amendment II)
The U S Constitution also says: “No state shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States.” (Amendment XIV)
The right to “keep and bear arms” is protected in the U S Constitution by the 2nd Amendment and the 14th Amendment reinforces that Constitutional rights cannot be overridden by state laws.
Though described as amendments, 2A and 14A are, in fact, the U S Constitution, just as much as having two Senators from each state or the President is the Commander in Chief of the Armed Forces. They are not 2nd Class parts of the U S Constitution, subject to states ignoring these rights as the state deems fit.
Since the U S Constitution covers this issue, it would not seem necessary but some states also have a statement similar the 2nd Amendment in their state constitutions.
New York State does not.
But New York Civil Rights Law art. II, § 4 provides that "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed." That doesn’t stop Kathy Hochul and the leftist legislature but there is something new being added which might cause the gun grabbers some further problems.
Florida (that state to which many New Yorkers are fleeing) is taking the fight over gun rights to a new level. On March 10th, Townhall reported that Florida could soon add a right to hunt and fish amendment to its state constitution. A joint resolution is currently being deliberated in the state legislature. The provision, if passed, would add to Florida's constitution a statement to "preserve in perpetuity hunting and fishing as a public right."
Now is the time for Republicans in the NY Legislature to introduce such an amendment to the New York Constitution.
As SCOPE often points out, we need to awaken those millions of New York gun owners who don’t vote and believe all these gun control laws don’t affect them. However, losing our gun rights will eventually take away our hunting rights and we need to take proactive steps to protect hunting. Let’s put legislators and the governor on record if they are in opposition to hunting (and fishing). If they refuse to vote for that constitutional amendment, that might awaken some of these “sleeping dog” gun owners who will ignore gun control efforts until it hits them between the eyes.
Of course, the Left would claim their gun control laws don’t apply to guns used in hunting but hunters / gun owners would know that the models the Left would ban are used in hunting.
This would also give 2nd Amendment defense advocates another arrow in their sling; guns being indirectly protected in the NY Constitution.