State Constitutions and the Right to Keep and Bear Arms

This is a discussion on State Constitutions and the Right to Keep and Bear Arms within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; I ran across this over at the Volokh Conspiracy . Eugene Volokh has compiled an article (pdf) describing every state constitutional provision regarding the right ...

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Thread: State Constitutions and the Right to Keep and Bear Arms

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    VIP Member Array Blackeagle's Avatar
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    State Constitutions and the Right to Keep and Bear Arms

    I ran across this over at the Volokh Conspiracy. Eugene Volokh has compiled an article (pdf) describing every state constitutional provision regarding the right to keep and bear arms. 44 states have such provisions, some dating back to the 18th century, others added as recently as 1998. The vast majority of them are quite explicit in describing it as an individual right.
    Last edited by Blackeagle; December 1st, 2006 at 10:58 PM.

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    Array buckeye .45's Avatar
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    Well, my native state certainly doesn't have a nice view on standing armies.
    "That the People have a right to bear arms for defence of themselves and the State; and as standing armies, in time of peace, are dangerous to lbierty, theyshall not be kept up, and that the military shall be kept under strict subordination to the civilian power"

    Someone should tell our governor about this part of the state constitution. I don't see a single reference to firearms for hunting or recreational use, but for defense of individual citizens and protection of the state. Too bad we don't seem to follow this here in Ohio anymore to the degree that we should.
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    The Ohio is almost exactly the same as the original Pennsylvania.

    The newer Pennsylvania was revised to:

    Pennsylvania Constitution
    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.

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    Member Array Linda's Avatar
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    Quote Originally Posted by buckeye07 View Post

    Someone should tell our governor about this part of the state constitution.

    The coolest thing at the Statehouse on Wed for the hearings on HB347 (our concealed carry fix it Bill)! Senator Tim Grendell, during both the Senate Criminial Justice committee hearing and the full Senate hearing, after listening to the ones who were going to vote against it debate back and forth, stands up and explains to them "that the US Constitution predates the Ohio Constitution and it explicability says that we have the right to keep and bear arms! What part of that don't you understand?" God love him!
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    Distinguished Member Array Anubis's Avatar
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    Quote Originally Posted by Linda View Post
    HB347 (our concealed carry fix it Bill)!
    I hope it fixes your not-concealed-in-the-car provision. Reciprocity with Colorado would be good too!

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    Senior Member Array Zundfolge's Avatar
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    I find it ironic that a lot of states have constitutional amendments the expressly forbid the infringement on the individual's right to keep and bear arms but specifically allow for the criminalization of concealed carry.

    YET most of these same states routinely infringe on the individual's right to keep and bear arms but allow concealed carry.

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    Member Array Linda's Avatar
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    Quote Originally Posted by Anubis View Post
    I hope it fixes your not-concealed-in-the-car provision. Reciprocity with Colorado would be good too!

    Yes, it fixes the "not-concealed-in-the-car provision" which we call plain sight, and it fixes preemption, which fixes all these different municipilites making up their own set of rules/laws for guns. This will make a "general rule" for Ohio so that there is continuity across the state and not a patch work quilt. It will abolish Columbus' AWB and take care of the issues in Toledo, Cleveland, etc. It has put cities out of the firearms regulations business and our counsel is anxious to get busy suing cities who wish to press the issue.

    As far as reciprocity with CO., we do have another very pro-gun Attorney General coming into office next month. It depends what the training requirements are in CO? That seems to be the issue that if one state has very little training requirements, they will not be granted reciprocity.
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    I recall hearing that another reason some states do not want reciprocity with Ohio is that not all Ohio applicants have a federal background check done, some it is just done by the state. Hopefully we can get more states added to the list we have reciprocity with in the next few years.
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    "YET most of these same states routinely infringe on the individual's right to keep and bear arms but allow concealed carry."

    Oh but, they have an argument for that one...ya see they're not denying you the right...you just hafta exercise your right EXACTLY THE WAY THEY WANT YOU TO.
    Liberty Over Tyranny Μολὼν λαβέ

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    Just Like AK & CT...

    no permits...everyone has a gun...

    An armed society is a polite society...

    'Nuff said'...

    ret
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

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