Posted: 3/27/2013 11:33:20 AM EDT
| What States have a 2nd Amendment in their States Constitutions |
 Edit: Section 13 of the Virginia Constitution 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. |
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Pennsylvania: The right of the citizens to bear arms in defence of themselves and the State shall not be questioned. http://www2.law.ucla.edu/volokh/beararms/statecon.htm |
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KS! "A person has the right to keep and bear arms for the defense of self, family, home and state, for lawful hunting and recreational use, and for any other lawful purpose; 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.” |
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May be easier to cite those states which do not.
I believe that most of the stricter gun law states do not. Edit* Here is a helpful link: http://www2.law.ucla.edu/volokh/beararms/statecon.htm As you would expect, CA, NJ, NY, MD... And check out this question on the NJ application: (28) Are you presently, or have you ever been a member of any organization which advocates or approves the commission of acts of force and violence, either to overthrow the Government of the United States or of this State, or which seeks to deny others their rights under the Constitution of either the United States or the State of New Jersey? If yes, list name and address of organization(s).
Wait, I'm confused. 
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Tennessee: 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. Art. I, § 26 (enacted 1870).
1796: "That the freemen of this State have a right to keep and to bear arms for their common defence." Art. XI, § 26. 1834: "That the free white men of this State have a right to keep and to bear arms for their common defence." Art. I, § 26. [Self-defense right protected, State v. Foutch, 34 S.W. 1, 1 (Tenn. 1896).] (Notice - it don't say JACK SHIT about HUNTING.) This covers all the states http://www2.law.ucla.edu/volokh/beararms/statecon.htm |
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Ohio Constitution: Article 1, Section 4
"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." |
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CONSTITUTION OF THE STATE OF IDAHO
ARTICLE I DECLARATION OF RIGHTS 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. 
-hanko |
| 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." |
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Pennsylvania: The right of the citizens to bear arms in defence of themselves and the State shall not be questioned.
http://www2.law.ucla.edu/volokh/beararms/statecon.htm I love Article 1 Sec. 21, for the obvious reasons of course. But it's always been that much sweeter for me when when viewed in the light of Sec. 25: "To guard against the transgressions of the high powers which we have delegated,we declare that everything in this article is excepted out of the general powers of government and shall forever remain inviolate." |
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Montana;
"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. " |
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Original :Maine State Constitution : Art. I, sec. 16. "Every citizen has a right to keep and bear arms for the common defense; and this right shall never be questioned."  or 2003 : http://www.maine.gov/legis/const/ Section 16. To keep and bear arms. Every citizen has a right to keep and bear arms and this right shall never be questioned. |
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Colorado does, even if it is not honored by the people in charge.
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 (enacted 1876, art. II, § 13). |
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Alaska
§ 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. |
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Montana; "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. " We used to have the bit about the state being able to regulate the carrying of concealed weapons, but that went away in November. Even though stare decisis doesn't really exist here though, it's probably a good idea to wait 'till the LA S.C. strips R.S.14:95 out, or the A.G. says it is unenforceable, prior to carrying concealed without a permit. |
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Florida 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.
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NC does
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. |
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The 13er nails it. Volokh is REALLY into the state constitution provisions for the RKBA. If there is an expert on them, it's him. |
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Montana; "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. " We used to have the bit about the state being able to regulate the carrying of concealed weapons, but that went away in November. Even though stare decisis doesn't really exist here though, it's probably a good idea to wait 'till the LA S.C. strips R.S.14:95 out, or the A.G. says it is unenforceable, prior to carrying concealed without a permit. Not sure why it's worded that way since you can carry a concealed weapon in about 98% of Montana without a permit. Permits are only needed to carry concealed inside incorporated city limits and Montana considers a concealed weapon to be one when concealed by clothing, not in a briefcase, backpack, purse, etc. |
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NC does 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. LOL. |
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Original :Maine State Constitution : Art. I, sec. 16. "Every citizen has a right to keep and bear arms for the common defense; and this right shall never be questioned."
or 2003 : http://www.maine.gov/legis/const/ Section 16. To keep and bear arms. Every citizen has a right to keep and bear arms and this right shall never be questioned. my lazy ass thanks you for looking this up for me! 
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NC does 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. LOL. How is that worse than Texas? Texas: "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. " |
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NC does 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. LOL. How is that worse than Texas? Texas: "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. " Didn't say it was. |
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MO
“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." Article 1, Section 23. |
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Pennsylvania: The right of the citizens to bear arms in defence of themselves and the State shall not be questioned.
http://www2.law.ucla.edu/volokh/beararms/statecon.htm My favorite one. 
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This is from 2000, so not sure what if anything has changed.
http://www.wnd.com/2000/01/3970/ California is one of only five states whose constitutions are silent
on the issue of gun rights, including Iowa, Minnesota, New Jersey and New York. Read more at http://www.wnd.com/2000/01/3970/#QcDYBrrc6U1vJmLY.99 |
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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. Art. 1, § 20 (enacted 1895).
1868: "The people have a right to keep and bear arms for the common defence. As, in times of peace . . . ." Art. I, § 28. [Right treated as an individual right, apparently aimed at least partly at self-defense, State v. Johnson, 16 S.C. 187 (1881); |
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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. 1, § 30 (enacted 1971).
1776: "That the people have a right to bear arms, for the defence of 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." Bill of Rights, § XVII. 1868: "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 ought not to be kept up, and the military should be kept under strict subordination to, and governed by, the civil power." Art. I, § 24. 1875: Same as 1868, but added "Nothing herein contained shall justify the practice of carrying concealed weapons, or prevent the Legislature from enacting penal statutes against said practice." |
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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.] |