State Constitutions also assert our rights

State Constitutions also assert our rights

This is a discussion on State Constitutions also assert our rights within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Maybe I'm just slow and you guys all knew this, but I just learned that most, if not all State Constitutions assert the individuals right ...

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  1. #1
    VIP Member Array Cupcake's Avatar
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    State Constitutions also assert our rights

    Maybe I'm just slow and you guys all knew this, but I just learned that most, if not all State Constitutions assert the individuals right to keep and bear arms. Next time someone tells me that the 2A applies only to state run militias, I can point to Michigans Article II, section 5. Here is the link and a couple snippets.

    http://www.geocities.com/CapitolHill...uncontrol.html

    MICHIGAN Article II, Section 5
    . Every person has a right to bear arms for the defense of himself and the state

    MISSISSIPPI Bill of Rights, Article II, 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.
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  2. #2
    Senior Member Array raysheen's Avatar
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    yep...my "home" states
    ME:
    Every citizen has a right to keep and bear arms and this right shall never be questioned.

    NH:
    All persons have the right to keep and bear arms in defense of themselves, their families, their property, and the state.

    VT:
    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.

  3. #3
    Member Array bobernet's Avatar
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    State sovereignty could be a whole separate thread. More and more people are turning to the Federal government to legislate and enforce everything, when in reality the US was always viewed more like a coalition of countries (states) with a common defense than like one big country ruling over everyone.

    Nevada Constitution

    Article 1, Section 11

    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.

  4. #4
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    Six State constitutions do not contain a specific enumeration of the citizens' right to keep and bear arms, to wit: California, Iowa, Maryland, Minnesota, New Jersey & New York.

    State by state RKBA summaries can be found here:

    As for the belief held by some that the 2A applies only to State militias, that's kind of a moot point. The States are not bound by the 2A, because the USSC has never incorporated the 2nd Amendment to the States, via the 14th Amendment. Simply put, the 2A does not apply to the States.

    The RKBA for the citizens of the six states noted are not protected by the 2A or their respective State consitutions.


    When you’re wounded and left on Afghanistan’s plains,
    And the women come out to cut up what remains,
    Just roll to your rifle and blow out your brains,
    And go to your God like a soldier.

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    Member Array bobernet's Avatar
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    I wonder if we'll get incorporation if the Parker case makes it to SCOTUS. If not, that will be an interesting situation for those 6 states.

    Funny though, that the two states which have NO CCW are not on the list of states without k&b arms provisions in their state constitution.

  6. #6
    BAC
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    Man, y'all have so simple a right...

    (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.




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  7. #7
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    Colorado Constitution Article II, Section 13

    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.
    Interesting that they specifically mentioned carrying concealed in the Colorado section...
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  8. #8
    JD
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    "The right of the citizens to bear arms in defense of themselves and the State shall not be questioned."
    - Pennsylvania Constitution, Section 21

  9. #9
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    Kentucky

    Kentucky Constitution:

    Section I (edited):

    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.

    Third: The right of seeking and pursuing their safety and happiness.

    Fifth: The right of acquiring and protecting property.

    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.

    Section II:

    Absolute and arbitrary power over the lives, liberty and property of freemen exists nowhere in a republic, not even in the largest majority.

  10. #10
    Member Array bobernet's Avatar
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    Quote Originally Posted by teknoid View Post
    Kentucky Constitution:

    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.
    This is very interesting. Does Kentucky have any limits or laws on firearms other than concealed carry? It seems like anything else could be challenged as unconstitutional.

  11. #11
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    Montana's constitution, adopted in 1889, re-written in 1972.

    "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, 12.


    When you’re wounded and left on Afghanistan’s plains,
    And the women come out to cut up what remains,
    Just roll to your rifle and blow out your brains,
    And go to your God like a soldier.

    Rudyard Kipling


    Terry

  12. #12
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    You guys are forgetting one thing...politicians are in charge of telliing us what these words mean...
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  13. #13
    VIP Member Array Cupcake's Avatar
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    I find it interesting that many constitutions specifially say that concealed carry may be outlawed, but that is often all that is currently allowed.


    Quote Originally Posted by retsupt99 View Post
    You guys are forgetting one thing...politicians are in charge of telliing us what these words mean...
    Isn't that the , shameful truth?
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