How many 2A's are there?

This is a discussion on How many 2A's are there? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; The more I look - the more I feel there are 50 (versions)!! Some states are very close to others but, oh my - some ...

Page 1 of 2 12 LastLast
Results 1 to 15 of 25

Thread: How many 2A's are there?

  1. #1
    Assistant Administrator
    Array P95Carry's Avatar
    Join Date
    Mar 2005
    Location
    South West PA
    Posts
    25,482

    How many 2A's are there?

    The more I look - the more I feel there are 50 (versions)!!

    Some states are very close to others but, oh my - some are not America. It's truly sad that so much of a constitutional right can be manipulated.

    We all know this - of course, but it never fails to amaze me, the disparity.

    (Just a pre bed rant!).
    Chris - P95
    NRA Certified Instructor & NRA Life Member.

    "To own a gun and assume that you are armed
    is like owning a piano and assuming that you are a musician!."


    http://www.rkba-2a.com/ - a portal for 2A links, articles and some videos.

  2. Remove Ads

  3. #2
    Ex Member Array dwolsten's Avatar
    Join Date
    Oct 2006
    Location
    Chandler, AZ
    Posts
    266
    Unfortunately, our founding fathers kinda screwed up a little on the 2A. While it probably made perfect sense to them when it was written, in modern times it's easily misinterpreted, mainly because of the bit about a militia. It should have been made more explicitly clear, like "Congress shall pass no law prohibiting any citizen from keeping and bearing arms."

    I know some will disagree with me on this, but any written text in normal human languages has room for interpretation. That's why "legalese" is written the way it is, in order to attempt to minimize any interpretations other than those originally intended.

  4. #3
    VIP Member
    Array Echo_Four's Avatar
    Join Date
    Sep 2006
    Location
    Land of the mostly free
    Posts
    2,829
    There is one Second Amendment, but until very recently the antis were able to win in court when they claimed it was a collective right and not a personal right. Thankfully, we're getting closer every day.
    "The only people I like besides my wife and children are Marines."
    - Lt. Col. Oliver North

  5. #4
    Distinguished Member Array SonofASniper's Avatar
    Join Date
    Jan 2007
    Location
    Oregon
    Posts
    1,249
    I think our founding fathers did make it clear whether or not congress could make laws regulating or infringing. If you look at other amendments, some specifically delegate the power of congress to regulate that amendment through laws as it sees fit. Many others do not, and I believe are worded strongly and appropriately in a way that congress should understand as "DON'T TOUCH".

    Of course, congress, especially now, likes to touch, fondle, and generally violate everything it can. The only way to stop that is to be actively involved and slap their hands when they cross the line.
    I will support gun control when you can guarantee all guns are removed from this planet. That includes military and law enforcement. When you can accomplish that, then I will be the last person to lay down my gun. Then I will carry the weapon that replaces the gun.

  6. #5
    Senior Member Array TonyW's Avatar
    Join Date
    Dec 2005
    Location
    Ohio
    Posts
    791
    To me it's always been about how you interpret it and regulate it. (If regulate is the right word.) We have 1st Ammendment right to free speech yet can't yell fire in a crowded movie house, at least not in some states. The 2nd Ammendment would have the same variation in interpretations.
    <a target="_top" href="http://www.cybernations.net/default.asp?Referrer=TonyW"><img src="http://i227.photobucket.com/albums/dd188/18932471/imgad2-1.png" border="0"></a>

  7. #6
    Member Array aepilotjim's Avatar
    Join Date
    Nov 2006
    Location
    Tulsa OK
    Posts
    232

    The states RKBA's

    Just a first pass, but here's the first 25 states (alphabetically) sections or lack there of for the RKBA

    Alabama
    SECTION 26
    Right to bear arms.
    That every citizen has a right to bear arms in defense of himself and the state.

    Alaska
    Article 1 Section 19. Right to Keep and Bear Arms
    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. The individual right to keep and bear arms shall not be denied or infringed by the State or a political subdivision of the State. [Amended 1994]

    Arizona
    Article 2 Section 26. Bearing arms
    Section 26. 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.

    California
    Couldn’t find one. The online state constitution is at http://www.leginfo.ca.gov/const.html. If someone can find it pleas let me know.


    Colorado
    ARTICLE II Section 13. Right to bear arms. 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.


    Connecticut

    Delaware
    Article 1 §20. Right to keep and bear arms.
    Section 20. 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. (4-16-87)

    Florida
    ARTICLE 1 SECTION 8. Right to bear arms.--
    (a) 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.
    (b) There shall be a mandatory period of three days, excluding weekends and legal holidays, between the purchase and delivery at retail of any handgun. For the purposes of this section, "purchase" means the transfer of money or other valuable consideration to the retailer, and "handgun" means a firearm capable of being carried and used by one hand, such as a pistol or revolver. Holders of a concealed weapon permit as prescribed in Florida law shall not be subject to the provisions of this paragraph.
    (c) The legislature shall enact legislation implementing subsection (b) of this section, effective no later than December 31, 1991, which shall provide that anyone violating the provisions of subsection (b) shall be guilty of a felony.
    (d) This restriction shall not apply to a trade in of another handgun.
    History.--Am. C.S. for S.J.R. 43, 1989; adopted 1990.

    Georgia
    Article 1. Bill of Rights
    Section I. Rights of Persons
    Paragraph VIII. Arms, right to keep and bear.
    The right of the people to keep and bear arms shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne.

    Hawaii
    ARTICLE 1 SECTION 17
    RIGHT TO BEAR ARMS
    Section 17. 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. [Ren Const Con 1978 and election Nov 7, 1978]

    Idaho
    ARTICLE 1 SECTION 11. RIGHT TO KEEP AND BEAR ARMS.
    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 the passage of legislation providing penalties for the possession of firearms by a convicted felon, nor prevent the passage of any 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

    Illinois

    Indiana
    ARTICLE 1 Section 32. Arms--Right to bear
    Section 32. The people shall have a right to bear arms, for the defense of themselves and the State.

    Iowa
    Couldn’t find anything specific. The link is http://www.legis.state.ia.us/Constitution.html#a1s5

    Kansas
    Kansas Bill of Rights
    § 4. Bear arms; armies. 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.

    Kentucky
    Section 1
    Rights of life, liberty, worship, pursuit of safety and happiness, free speech, acquiring and protecting property, peaceable assembly, redress of grievances, bearing arms.

    All men are, by nature, free and equal, and have certain inherent and inalienable rights, among which may be reckoned:
    First: The right of enjoying and defending their lives and liberties.
    Second: The right of worshipping Almighty God according to the dictates of their consciences.
    Third: The right of seeking and pursuing their safety and happiness.
    Fourth: The right of freely communicating their thoughts and opinions.
    Fifth: The right of acquiring and protecting property.
    Sixth: The right of assembling together in a peaceable manner for their common good, and of applying to those invested with the power of government for redress of grievances or other proper purposes, by petition, address or remonstrance.
    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.
    Text as Ratified on: August 3, 1891, and revised September 28, 1891.
    History: Not yet amended.

    Louisiana
    ARTICLE 1 DECLARATION OF RIGHTS
    §11. Right to Keep and Bear Arms
    Section 11. 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.

    Maine
    Article I. Declaration of Rights.
    Section 16. To keep and bear arms. Every citizen has a right to keep and bear arms and this right shall never be questioned.

    Maryland
    Didn’t find anything specific. The link is http://www.msa.md.gov/msa/mdmanual/4...tml/const.html.

    Massachusetts
    PART THE FIRST - A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts.
    Article XVII. The people have a right to keep and to 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.

    Michigan
    Article I § 6
    STATE CONSTITUTION (EXCERPT) CONSTITUTION OF MICHIGAN OF 1963
    § 6 Bearing of arms.
    Sec. 6. Every person has a right to keep and bear arms for the defense of himself and the state.
    History: Const. 1963, Art. I, § 6, Eff. Jan. 1, 1964
    Former Constitution: See Const. 1908, Art. II, § 5.

    Minnesota
    Couldn’t find anything. The link is http://www.house.leg.state.mn.us/cco...n/preamble.htm.

    Mississippi
    ARTICLE 3. BILL OF RIGHTS
    SECTION 12.
    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.

    SOURCES: 1817 art I §23; 1832 art I §23; 1869 art I §15.

    Missouri
    Right to keep and bear arms--exception.
    Article 1 Section 23. 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.
    Source: Const. of 1875, Art. II, § 17.
    (2004) Section does not prohibit the General Assembly from enacting statutes allowing or disallowing the carrying of concealed weapons; the Concealed-Carry Act is therefore constitutional. Brooks v. State, 128 S.W.3d 844 (Mo.banc).

    Montana
    ARTICLE II Section 12. Right to bear arms. 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.

  8. #7
    Member Array aepilotjim's Avatar
    Join Date
    Nov 2006
    Location
    Tulsa OK
    Posts
    232
    I'm still working on the next 25 states. Give me a break already.

  9. #8
    Assistant Administrator
    Array P95Carry's Avatar
    Join Date
    Mar 2005
    Location
    South West PA
    Posts
    25,482
    Great work Jim - it is appreciated, thank you.
    Chris - P95
    NRA Certified Instructor & NRA Life Member.

    "To own a gun and assume that you are armed
    is like owning a piano and assuming that you are a musician!."


    http://www.rkba-2a.com/ - a portal for 2A links, articles and some videos.

  10. #9
    VIP Member Array Blackeagle's Avatar
    Join Date
    Oct 2006
    Location
    Columbia, SC
    Posts
    2,147
    Eugene Volokh (of Volokh Conspiracy fame) wrote a law review article (.pdf) about state constitutional RTKBA provisions. The article notes which states (either through explicit constitutional language or state supreme court decisions) protect an individual right to own arms for personal defense.

  11. #10
    Member Array Longbow's Avatar
    Join Date
    Nov 2006
    Location
    Montana, USA
    Posts
    396
    What allot of people don't understand is that when the 2A was written by our founding fathers, "A well-regulated militia" was and still is the people of the USA. It is our, the citizens of the USA's responsibility to take up arms in the advent of an invasion or if necessary to prevent tyranny of our own government. The 2A's primary purpose was to give us the power to bring down our own goverment if it was necessary and to prevent our government from depriving us of the ability. This was how I was taught and have interpreted it.
    Longbow
    "Planning to draw and chamber a round after TSHTF is like planning to fasten your seatbelt after you see the other guy run a stopsign..."

    Professional hand engraver.
    To see full picture of knife in Avatar click here

  12. #11
    Distinguished Member Array p8riot's Avatar
    Join Date
    May 2006
    Location
    Chesterfield, VA
    Posts
    1,950
    Well I'll help you out a little bit. Here is Article 1 Section 13 of the Virginia Constitution (the text which pre-dates the US Bill of Rights by 15 years, although it was ratified the same year).

    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.
    "You can get more with a kind word and a gun than you can with a kind word alone." - Al Capone

    The second amendment is the reset button of our Constitution.

  13. #12
    Member Array aepilotjim's Avatar
    Join Date
    Nov 2006
    Location
    Tulsa OK
    Posts
    232

    Here's the next 25 plus Arkansas, which I missed.

    Anyone from Arkansas is welcome to flame me repeatedly for missing it the first time. I apologise.

    Nebraska
    Nothing specific in the state constitution. The link I found is http://www.harbornet.com/rights/nebraska.txt.

    Nevada
    Sec. 11. Right to keep and bear arms; civil power supreme.
    1. 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.
    2. The military shall be subordinate to the civil power; No standing army shall be maintained by this State in time of peace, and in time of War, no appropriation for a standing army shall be for a longer time than two years.
    [Amended in 1982. Proposed and passed by the 1979 legislature; agreed to and passed by the 1981 legislature; and approved and ratified by the people at the 1982 general election. See: Statutes of Nevada 1979, p. 1986; Statutes of Nevada 1981, p. 2083.]

    New Hampshire
    Bill of Rights
    [Art.] 2-a. [The Bearing of Arms. ] All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state.
    December 1, 1982

    New Jersey
    I couldn’t find anything on a first pass. The link is http://www.njleg.state.nj.us/lawscon...nstitution.asp.

    New Mexico
    If you can find a link to their constitution, please, by all means post it. Thanks

    New York
    Here’s the link to the constitution; http://www.dos.state.ny.us/info/pdfs/cons2004.pdf. I couldn’t find anything on the first pass.

    North Carolina
    ARTICLE I DECLARATION OF RIGHTS
    Sec. 30. Militia and the right to bear arms.
    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.

    North Dakota
    Couldn’t find anything. If you can find a link, please post it.

    Ohio
    ARTICLE 1 § 1.04 Bearing arms; standing armies; military powers (1851)
    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

    Oklahoma
    Section II-26: Bearing arms - Carrying weapons.
    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.

    Oregon
    ARTICLE 1 Section 27. Right to bear arms; military subordinate to civil power. The people shall have the right to bear arms for the defence [sic] of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.]

    Pennsylvania
    ARTICLE 1 Section 21. Right to Bear Arms
    The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.

    Rhode Island
    ARTICLE 1 Section 22. Right to bear arms. -- The right of the people to keep and bear arms shall not be infringed.

    South Carolina
    ARCTICLE 1 SECTION 20. Right to keep and bear arms; armies; military power subordinate to civil authority; how soldiers quartered.
    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.

    South Dakota
    ARTICLE 6 §24. Right to bear arms.
    The right of the citizens to bear arms in defense of themselves and the state shall not be denied

    Tennessee
    ARTICLE 1 Section 26. 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.

    Texas
    Article 1 Section 23 - RIGHT TO KEEP AND BEAR ARMS
    Every citizen shall have the right to keep and bear arms in the 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.

    Arkansas
    ARTICLE 2 SECTION 5. Right to bear arms.
    The citizens of this State shall have the right to keep and bear arms, for their common defense.

    Utah
    Article I, Section 6. [Right to bear arms.]
    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.

    Vermont
    CHAPTER I Article 16. [Right to bear arms; standing armies; military power subordinate to civil]
    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.

    Virginia
    ARTICLE 1 Section 13. Militia; standing armies; military subordinate to civil power.
    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.

    Washington
    ARTICLE I SECTION 24 RIGHT TO BEAR ARMS.
    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.

    West Virginia
    ARTICLE 3 - SECTION 22. Right to keep and bear arms.
    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.

    Wisconsin
    Article I, §25
    Right to keep and bear arms. Section 25. [As created Nov. 1998]
    The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose. [1995 J.R. 27, 1997 J.R. 21, vote November 1998]

    Wyoming
    ARTICLE 1 Sec. 24.
    The right of citizens to bear arms in defense of themselves and the state shall not be denied.

  14. #13
    Member Array aepilotjim's Avatar
    Join Date
    Nov 2006
    Location
    Tulsa OK
    Posts
    232
    Okay, that's all of them. Some things I find interesting.

    All were in a Bill of Rights section. Which means to me that all states recognise that it is a basic human right, that can neither be granted nor taken away by a governing body.

    Some states included it in the militia or armed forces area of their constituiton. Whether it be included in the same section or in its own section but in the same area.

    Some are way more verbose than others. Some are exact word for word copies of the US's 2a.

    None were listed as high in their bill of rights as the founding fathers listed it in the US constitution. An argument could be made that the founding fathers were very much concerned with federal power running out of control. Where the states were more concerned with ensuring that basic human rights were enumerated. When you consider that the original 13 colonies for the most part had ratified state constitutions before the US's was ratified and the founding fathers had these documents to reference. That they would move the RKBA up to the number two spot says something.

    Discussion?

  15. #14
    Assistant Administrator
    Array P95Carry's Avatar
    Join Date
    Mar 2005
    Location
    South West PA
    Posts
    25,482
    Thx again Jim - valuable ref' for everyone.
    Chris - P95
    NRA Certified Instructor & NRA Life Member.

    "To own a gun and assume that you are armed
    is like owning a piano and assuming that you are a musician!."


    http://www.rkba-2a.com/ - a portal for 2A links, articles and some videos.

  16. #15
    Senior Member Array Smith&Wessonfan's Avatar
    Join Date
    Apr 2007
    Location
    Ohio
    Posts
    508
    Unfortunately, the Second Amendment has not been incorporated into the States by virtue of the 14th Amendment.

    I am not exactly sure how incorporation happens, that is something for someone better versed in Constitutional Law to explain.

    I do know what it means, and it means that the Second Amendment is binding only on the Federal Government. Any RKBA infringement at the state level must be dealt with in view of that state's constitutional RKBA.

    Err, maybe this will shed some light on the issue of incorporation: http://en.wikipedia.org/wiki/Incorporation_%28Bill_of_Rights%29

Page 1 of 2 12 LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Search tags for this page

article 1, section 23: right to keep and bear arms.

Click on a term to search for related topics.