Guarantees Of The Right To Arms In
State Constitutions
Alabama: That the great, general and
essential principles of liberty and free government may be recognized and
established, we declare....That every citizen has a right to bear arms in
defense of himself and the state. (Art. I, § 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. (Art. I, § 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. (Art. II, § 26)
Arkansas: The citizens of this State shall have the right to keep and
bear arms for their common defense. (Art. II, § 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. (Art. II, § 13)
Connecticut: Every citizen has a right to bear arms in defense of
himself and the state. (Art. I, § 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. (Art. I, § 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. (Art. I, §
8, [a])
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. (1982 Constitution, Art. I, § 1, para. 8)
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. (Art. I, § 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. (Art. I, § 11)
Illinois: Subject only to the police power,
the right of the individual citizen to keep and bear arms shall not be
infringed. (Art. I, § 22)
Indiana: The people shall have a right to bear arms, for the defense of
themselves and the State. (Art. I, § 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. (Bill of Rights, § 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 of the state, subject to the
power of the general assembly to enact laws to prevent persons from carrying
concealed weapons. (Bill of Rights, § 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. (Art. I, § 11)
Maine: Every person has a right to keep and bear arms and this right
shall never be questioned. (Art. I, § 16)
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 an exact
subordination to the civil authority, and be governed by it. (Part I, Art.
XVII)
Michigan: Every person has a right to keep
or bear arms for the defense of himself and the State. (Art. I, § 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. (Art.
III, § 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. (Art. I, § 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. (Art. II, § 12) "Militia forces shall consist of all
able-bodied citizens of the state except those excepted by law." (Art.
VI, § 14)
Nebraska: All persons are by nature free and independent, and have
certain inherent and inalienable rights; among these are life, liberty, the
pursuit of happiness, and 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. (Art. I,
§ 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. (Art. I, § 11, [1])
New Hampshire: All persons have the right to keep and bear arms in defense
of themselves, their families, their property and the state. (Part I, Art.
2a) No person, who is conscientiously scrupulous about the lawfulness of
bearing arms, shall be compelled thereto. (Part I, Art. 13)
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. (Art.
II, § 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 practice of carrying concealed weapons, or prevent the General Assembly
from enacting penal statutes against that practice. (Art. I, § 30)
North Dakota: All individuals are by nature
equally free and independent and have certain inalienable rights, among which
are those of enjoying and defending life and liberty; acquiring, possessing and
protecting property and reputation; pursuing and obtaining safety and
happiness; and 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. (Art. I, § 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. (Art. I, §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. (Art. II, § 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. (Art. I, § 27)
Pennsylvania: The right of the citizens to bear
arms in defence of themselves and the State shall not be questioned. (Art.
I, § 21)
Rhode Island: The right of the people to keep
and bear arms shall not be infringed. (Art. I, § 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. (Art. I, § 20)
South Dakota: The right of the citizens to bear arms in defense of
themselves and the state shall not be denied. (Art. VI, §24)
Tennessee: That the citizens of this State
have a right to keep and 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. (Art. I, § 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. (Art. I, § 23 ) Note: The Texas Declaration of
Independence stated that "[The Mexican government] has demanded us to
deliver up our arms, which are essential to our defense -- the rightful
property of freemen -- and formidable only to tyrannical governments."
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 other lawful purposes shall not be infringed; but nothing herein shall
prevent the legislature from defining the lawful use of arms. (Art. I, § 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 and governed by
the civil power. (Chapter 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. (Art. I, § 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. (Art. I, § 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. (Art. 3, § 22)
Wisconsin: The people have the right to keep
and bear arms for security, defense, hunting, recreation, or any other lawful
purpose. (Art. 1, § 25) Note: This provision was approved by
Wisconsin voters in Nov. 1998 by a 3:1 margin.
Wyoming: The right of the citizens to bear
arms in defense of themselves and of the state shall not be denied. (Art. I,
§ 24)
Notes:
California, Iowa, Maryland,
Minnesota, New Jersey, and New York do not have "right to keep and bear
arms" amendments in their state constitutions.
Iowa`s constitution (Art.
I, § 1) states: All men are, by nature, free and equal, and have certain
inalienable rights--among which are those of enjoying and defending life and
liberty, acquiring, possessing and protecting property, and pursuing and
obtaining safety and happiness.
New Jersey`s (Art. I, §
1) states: 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.