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)]


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**x*dna   Ken Barnes, LifeSci Bldg.  |  [k--ar--s] at [msuvx1.memphis.edu] 
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