Guarantees of the Right to Keep and Bear Arms
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.
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