From: [k--ar--s] at [cc.memphis.edu] (Ken Barnes)
Newsgroups: talk.politics.guns
Subject: States and the RTKBA (FAQ section?)
Date: 2 Jun 94 12:38:54 -0500
Forty-three (43) states have constitutional guarantees
on the right to keep and bear arms.
ALABAMA: "That every citizen has a right to bear arms
in defense of himself and the state." Ala. Const. art. I,
S 26
ALASKA: "A well-regulated militia being necessary to the
security of a free state, the right of the people to keep
and bear arms shall not be infringed." Alaska Const. art.
I, S 19
ARIZONA: "The right of the individual citizen to bear arms
in defense of himself or the State shall not be impaired,
but nothing in this section shall be construed as
authorizing individuals or corporations to organize,
maintain, or employ an armed body of men." Ariz. Const.
art. 2, S 26
ARKANSAS: "The citizens of this state shall have the right
to keep and bear arms for their common defense." Ark.
Const. art. II, S 5
COLORADO: "The right of no person to keep and bear arms in
defense of his home, person and property, or in aid of the
civil power when thereto legally summoned, shall be called
in question; but nothing herein contained shall be
construed to justify the practice of carrying concealed
weapons." Colo. Const. art. II, S 13
CONNECTICUT: "Every citizen has the right to bear arms in
defense of himself and the state." Conn. Const. art. I,
S 15
DELAWARE: "A person has the right to keep and bear arms
for the defense of self, family, home and State, and for
hunting and recreational use." Del. Const. art. I, S 20
FLORIDA: "The right of the people to keep and bear arms in
defense of themselves and of the lawful authority of the
state shall not be infringed, except that the manner of
bearing arms may be regulated by law." Fla. Const. art.
I, S 8
GEORGIA: "The right of the people to keep and bear arms
shall not be infringed, but the General Assembly shall
have the power to prescribe the manner in which arms may
be borne." Ga. Const. art. I, S I, para. VIII
HAWAII: "A well regulated militia being necessary to the
security of a free state, the right of the people to keep
and bear arms shall not be infringed." Haw. Const. art I,
S 15
IDAHO: "The people have the right to keep and bear arms,
which right shall not be abridged; but this provision
shall not prevent the passage of laws to govern the
carrying of weapons concealed on the person, nor prevent
passage of legislation providing minimum sentences for
crimes committed while in possession of a firearm, nor
prevent passage of legislation providing penalties for the
possession of firearms by a convicted felon, nor prevent
the passage of legislation punishing the use of a firearm.
No law shall impose licensure, registration or special
taxation on the ownership or possession of firearms or
ammunition. Nor shall any law permit the confiscation of
firearms, except those actually used in the commission of
a felony." Idaho Const. art. I, S 11
ILLINOIS: "Subject only to the police power, the right of
the individual citizen to keep and bear arms shall not be
infringed." Ill. Const. art. I, S 22
INDIANA: "The people shall have a right to bear arms, for
the defense of themselves and the State." Ind. Const.
art. I, S 32
KANSAS: "The people have the right to bear arms for their
defense and security; but standing armies, in time of
peace, are dangerous to liberty, and shall not be
tolerated, and the military shall be in strict
subordination to the civil power." Kansas Bill Of Rights,
S 4
KENTUCKY: "All men are, by nature, free and equal, and
have certain inherent and inalienable rights, among which
may be reckoned: .... Seventh: The right to bear arms in
defense of themselves and the state, subject to the power
of the general assembly to enact laws to prevent persons
from carrying concealed weapons." Ky. Bill Of Rights,
S 1, para. 7
LOUISIANA: "The right of each citizen to keep and bear
arms shall not be abridged, but this provision shall not
prevent the passage of laws to prohibit the carrying of
weapons concealed on the person." La. Const. art. I, S 11
MAINE: "Every citizen has a right to keep and bear arms
and this right shall never be questioned." Me. Const.
art. I, S16
MASSACHUSETTS: "The people have a right to keep and bear
arms for the common defence. And as, in time of peace,
armies are dangerous to liberty, they ought not to be
maintained without the consent of the legislature; and the
military power shall always be held in exact subordination
to the civil authority, and be governed by it." Mass.
Decl. Of Rights, pt. I, art. XVII
MICHIGAN: "Every person has a right to keep and bear arms
for the defense of himself and the state." Mich. Const.
art. I, S 6
MISSISSIPPI: "The right of every citizen to keep and bear
arms in defense of his home, person, or property, or in
aid of the civil power when thereto legally summoned,
shall not be called in question, but the legislature may
regulate or forbid carrying concealed weapons." Miss.
Const. art. 3, S 12
MISSOURI: "That the right of every citizen to keep and
bear arms in defense of his home, person and property, or
when lawfully summoned in aid of the civil power, shall
not be questioned; but this shall not justify the wearing
of concealed weapons." Mo. Const. art. I, S 23
MONTANA: "The right of any person to keep or bear arms in
defense of his own home, person, and property, or in aid
of the civil power when thereto legally summoned, shall
not be called in question, but nothing herein contained
shall be held to permit the carrying of concealed
weapons." Mont. Const. art. II, S 12
NEBRASKA: "All persons are by nature free and independent,
and have certain inherent and inalienable rights; among
these are ... the right to keep and bear arms for security
or defense of self, family, home, and others, and for
lawful common defense, hunting, recreational use, and all
other lawful purposes, and such rights shall not be denied
or infringed by the state or any subdivision thereof."
Neb. Const. art. I, S 1
NEVADA: "Every citizen has the right to keep and bear arms
for security and defense, for lawful hunting and
recreational use and for other lawful purposes." Nev.
Const. art. 1, S II, para. 1
NEW HAMPSHIRE: "All persons have the right to keep and
bear arms in defense of themselves, their families, their
property, and the state." N. H. Const. part 1, art. 2-a.
NEW MEXICO: "No law shall abridge the right of the citizen
to keep and bear arms for security and defense, for lawful
hunting and recreational use and for other lawful
purposes, but nothing herein shall be held to permit the
carrying of concealed weapons. No municipality or county
shall regulate, in any way, an incident of the right to
keep and bear arms." N. M. Const. art. II, S 6
NORTH CAROLINA: "A well regulated militia being necessary
to the security of a free State, the right of the people
to keep and bear arms shall not be infringed; and, as
standing armies in time of peace are dangerous to liberty,
they shall not be maintained, and the military shall be
kept under strict subordination to, and governed by, the
civil power. Nothing herein shall justify the carrying of
concealed weapons, or prevent the General Assembly from
enacting penal statutes against that practice." N. C.
Const. art. I, S 30
NORTH DAKOTA: "All individuals are by nature equally free
and independent and have certain inalienable rights, among
which are ... to keep and bear arms for the defense of
their person, family, property, and the state, and for
lawful hunting, recreational, and other lawful purposes,
which shall not be infringed." N. D. Const. art. I, S 1
OHIO: "The people have the right to bear arms for their
defense and security; but standing armies, in time of
peace, are dangerous to liberty, and shall not be kept up;
and the military shall be in strict subordination to the
civil power." Ohio Const. art. I, S 4
OKLAHOMA: "The right of a citizen to keep and bear arms in
defense of his home, person, or property, or in aid of the
civil power when thereunto legally summoned, shall never
be prohibited; but nothing herein contained shall prevent
the Legislature from regulating the carrying of weapons."
Okla. Const. art. 2, S 26
OREGON: "The people shall have the right to bear arms for
the defence of themselves, and the State, but the Military
shall be kept in strict subordination to the civil power."
Or. Const. art. I, S 27
PENNSYLVANIA: "The right of the citizens to bear arms in
defence of themselves and the State shall not be
questioned." Pa. Const. art. I, S 21
RHODE ISLAND: "The right of the people to keep and bear
arms shall not be infringed." R. I. Const. art. I, S 22
SOUTH CAROLINA: "A well regulated militia being necessary
to the security of a free State, the right of the people
to keep and bear arms shall not be infringed. As, in
times of peace, armies are dangerous to liberty, they
shall not be maintained without the consent of the General
Assembly. The military power of the State shall always be
held in subordination to the civil authority and be
governed by it. No soldier shall in time of peace be
quartered in any house without the consent of the owner
nor in time of war but in the manner prescribed by law."
S. C. Const. art. I, S 20
SOUTH DAKOTA: "The right of the citizens to bear arms in
defense of themselves and the state shall not be denied."
S. D. Const. art. VI, S 24
TENNESSEE: "That the citizens of this State have a right
to keep and to bear arms for their common defense; but the
Legislature shall have power, by law, to regulate the
wearing of arms with a view to prevent crime." Tenn.
Const. art. I, S 26
TEXAS: "Every citizen shall have the right to keep and
bear arms in lawful defense of himself or the State; but
the Legislature shall have power, by law, to regulate the
wearing of arms, with a view to prevent crime." Tex.
Const. art. I, S 23
UTAH: "The individual right of the people to keep and bear
arms for security and defense of self, family, others,
property, or the State, as well as for the other lawful
purposes shall not be infringed; but nothing herein shall
prevent the legislature from defining the lawful use of
arms." Utah Const. art. I, S 6
VERMONT: "That the people have a right to bear arms for
the defence of themselves and the State - and as standing
armies in time of peace are dangerous to liberty, they
ought not to be kept up; and that the military should be
kept under strict subordination to the civil power." Vt.
Const. Ch. I, art. 16
VIRGINIA: "That a well regulated militia, composed of the
body of the people, trained to arms, is the proper,
natural, and safe defense of a free state, therefore, the
right of the people to keep and bear arms shall not be
infringed; that standing armies, in time of peace, should
be avoided as dangerous to liberty; and that in all cases
the military should be under strict subordination to, and
governed by, the civil power." Va. Const. art I, S 13
WASHINGTON: "The right of the individual citizen to bear
arms in defense of himself, or the state, shall not be
impaired, but nothing in this section shall be construed
as authorizing individuals or corporations to organize,
maintain, or employ an armed body of men." Wash. Const.
art. I, S 24
WEST VIRGINIA: "A person has the right to keep and bear
arms for the defense of self, family, home and state, and
for lawful hunting and recreational use." W. Va. Const.
art. III, S 22
WYOMING: "The right of citizens to bear arms in defense of
themselves and of the state shall not be denied." Wyo.
Const. art. I, S 24
Seven (7) states do not have a constitutional provision
on arms: California, Iowa, Maryland, Minnesota, New
Jersey, New York, and Wisconsin.
[Source: U. Dayton Law Rev. v.15, pp. 84-89 (1989)]
--
**x*dna Ken Barnes, LifeSci Bldg. | [k--ar--s] at [msuvx1.memphis.edu]
*(==) * The University Of Memphis | [75320 711] at [compuserve.com]
* \' * Memphis, TN ____________________________________________
*(=)*** Orwell was off by a decade.
"Everything we do looks sinister, even when it's innocent screw-ups."
--unnamed White House official, _Washington Post,_ 1/7/94