Bill Text: NJ ACR16 | 2024-2025 | Regular Session | Introduced

New Jersey Assembly Concurrent Resolution 16

Introduced

Bill Title: Proposes constitutional amendment to establish State right to keep and bear arms.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Judiciary Committee [ACR16 Detail]

Download: New_Jersey-2024-ACR16-Introduced.html

ASSEMBLY CONCURRENT RESOLUTION No. 16

STATE OF NEW JERSEY

221st LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

Sponsored by:

Assemblywoman DAWN FANTASIA

District 24 (Morris, Sussex and Warren)

Assemblyman MICHAEL INGANAMORT

District 24 (Morris, Sussex and Warren)

SYNOPSIS

Proposes constitutional amendment to establish State right to keep and bear arms.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel.

A Concurrent Resolution proposing to amend Article I, paragraph 1 of the New Jersey Constitution.

Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

1. The following proposed amendment to the Constitution of the State of New Jersey is agreed to:

PROPOSED AMENDMENT

Amend Article I paragraph 1 to read as follows:

1. All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness. The right of the people to keep and bear arms shall not be infringed.

(cf: Article I, paragraph 1)

2. When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.

3. This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

There shall be printed on each official ballot to be used at the general election, the following:

a. In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:

If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."

b. In every municipality the following question:

		CONSTITUTIONAL AMENDMENT TO ESTABLISH THE RIGHT TO KEEP AND BEAR ARMS
	YES	Do you approve amending the State Constitution to provide that the right to keep and bear arms will not be infringed?
		INTERPRETIVE STATEMENT
	NO	This change to the State Constitution provides that the people of New Jersey have a State right to keep and bear firearms.
		The Second Amendment to the United States Constitution provides a federal right to keep and bear arms. The Supreme Court of the United States has interpreted this to mean that individuals have a right to own firearms. Currently, the State Constitution provides that the people of New Jersey have the right of enjoying and defending life and liberty, but does not explicitly include a right to firearm ownership. This amendment would make it clear that an individual's right to keep and bear arms is also protected by the State Constitution.

STATEMENT

This concurrent resolution proposes to amend the New Jersey Constitution to provide for a State right to keep and bear arms. The amendment provides that the right to keep and bear arms could not be infringed.

The Second Amendment to the United States Constitution provides for a right to keep and bear arms. The Supreme Court of the United States has interpreted this to mean individuals have a right to own firearms. The court also has determined that the Fourteenth Amendment to the United States Constitution makes the right applicable to the states. Currently, the State Constitution provides that the people of New Jersey have the right of enjoying and defending life and liberty, but does not explicitly include a right to firearm ownership. The amendment proposed by this resolution would include the right to keep and bear firearms in the State Constitution.