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9/22/2017 12:11:25 AM
Posted: 1/4/2002 9:43:32 AM EDT
[url]http://www.saf.org/Constitutions.html[/url] Maine Constitution Article 1, Section 16 Every citizen has a right to keep and bear arms and this right shall never be questioned. New Hampshire Constitution Part First, Article 2-a All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state.
Link Posted: 1/4/2002 10:01:38 AM EDT
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. This article does not apply to Denver, and that's why the article is worthless. Jay Arizona
Link Posted: 1/4/2002 10:07:51 AM EDT
AZCOP's response got me thinking. even if a state constitution out-right forbid the carrying and/or owning of firearms, would that piece of paper supercede the Constitution/Bill of Rights. is not the Constitution (and Bill of Rights) the final authority of law in the U.S.? legal scholars, please????
Link Posted: 1/4/2002 10:10:43 AM EDT
New York: Nothing specific, however Article XII, Section 1 of the Constitution covers both the "organized" and "unorganized" militia and reads: The defense and protection of the state and of the United States is an obligation of all persons within the state. The legislature shall provide for the discharge of this obligation and for the maintenance and regulation of an organized militia. Article 2, Section 4 of the New York Civil Rights Law reads almost identical to the Second Amendment: A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed.
Link Posted: 1/4/2002 10:24:13 AM EDT
Link Posted: 1/4/2002 10:34:26 AM EDT
[b] Article 1, Section 20[/b] 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 [b] Article 8, SECTION 1. [/b] The militia of this State shall consist of all able-bodied male citizens of the State between the ages of eighteen and forty-five years, except such persons as are now or may be exempted by the laws of the United States or this State, or who from religious scruples may be adverse to bearing arms, and shall be organized, officered, armed, equipped and disciplined as the General Assembly may by law direct. ______________________ Good thread. keep 'em coming.
Link Posted: 1/4/2002 10:44:29 AM EDT
[size=3][b]Virginia[/b][/size=3] [b]Article 1, Section 13[/b] 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.
Link Posted: 1/4/2002 11:00:29 AM EDT
[Last Edit: 1/4/2002 11:01:10 AM EDT by shaggy]
Originally Posted By ARlady: AZCOP's response got me thinking. even if a state constitution out-right forbid the carrying and/or owning of firearms, would that piece of paper supercede the Constitution/Bill of Rights. is not the Constitution (and Bill of Rights) the final authority of law in the U.S.? legal scholars, please????
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Unfortunately, yes; a state is free to regulate, or completely prohibit firearms if they please. The problem is not the 2nd Amendment, but the 14th. The BoR applies to the federal gov't. only. Some, but not all of the rights enumerated in the BoR have been held applicable to the states through the 14th Amendment. Its what is known in legal circles as the incorporation doctrine. I'm a littly rusty on the actual case, but back around the 1930's or 40's there was a case which held that not all the rights in the BoR were applicable to the states through the 14th Amendment. Justice Black led the charge for a total incorporation theory, whereby all the rights in the BoR would be applicable to the states, but his vision lost to the majority which believed in a selective incorporation theory. So, at this point in time, some rights enumerated in the BoR are applicable to the states, some aren't. Its taken on a one-by-one case basis. Another example - the 5th Amendment guarantees you a federal grand jury, but you don't have the right to one in every state.
Link Posted: 1/4/2002 11:19:29 AM EDT
------------------------------------------------ Oklahoma Constitution Article II, Section 26 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. ------------------------------------------------ Eh, but isn't regulating the carrying of weapons defacto prohibition?
Link Posted: 1/4/2002 11:57:45 AM EDT
[b]Arizona[/b] Constitution, Article 2, Section 26 "The right of the [b]individual[/b] 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." Love that word "individual"! [50] [uzi] [heavy] [shotgun] [pistol] [shotgun] [sniper] P.S. Shouldn't all these "shooting" icons be aiming for the "left"?
Link Posted: 1/4/2002 12:01:27 PM EDT
Originally Posted By The_Macallan: [b]Arizona[/b] Constitution, Article 2, Section 26 "The right of the [b]individual[/b] 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." Love that word "individual"!
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Do you read that to mean "non-gov't approved militias" are not allowed???
Link Posted: 1/4/2002 12:09:14 PM EDT
Originally Posted By garandman:
Originally Posted By The_Macallan: [b]Arizona[/b] Constitution, Article 2, Section 26 "The right of the [b]individual[/b] 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." Love that word "individual"!
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Do you read that to mean "non-gov't approved militias" are not allowed???
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I don't see the AZ Gov't "authorizing" militias, but I also don't see AZ Gov't "prohibiting" militias here either. Maybe I'm wrong. But in any case - AZ is a rather gun/RKBA/CCW-friendly state to live in... so far.
Link Posted: 1/4/2002 12:55:08 PM EDT
Originally Posted By shaggy:
Originally Posted By ARlady: AZCOP's response got me thinking. even if a state constitution out-right forbid the carrying and/or owning of firearms, would that piece of paper supercede the Constitution/Bill of Rights. is not the Constitution (and Bill of Rights) the final authority of law in the U.S.? legal scholars, please????
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The problem is not the 2nd Amendment, but the 14th. The BoR applies to the federal gov't. only.
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oh, yeah. forgot about that part.
Link Posted: 1/4/2002 2:58:58 PM EDT
Utah Constitution Article I, Section 6 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. The last sentence was until recently Gov. Leavitts way of keeping state employees unarmed while on the job. If you're going to the Olympics, CCW holders check your guns at the door. When Cheney visited last year, CCW holders had to check their's at the door.
Link Posted: 1/5/2002 12:31:50 PM EDT
PA Constitution Article I-Declaration of Rights Right to Bear Arms Section 21. The right of the citizens to bear arms in [red]defense of themselves[/red] and the State [red]shall not be [i]questioned[/i][/red]. Standing Army; Military Subordinate to Civil Power Section 22. [red]No standing army shall, in time of peace, be kept up without the consent of the Legislature[/red], and the military shall in all cases and at all times be in strict subordination to the civil power. Reservation of Powers in People Section 25. To guard against the transgressions of the high powers which we have delegated, [red]we declare that everything in this article is excepted out of the general powers of government and shall forever remain [i]inviolate[/i].[/red]
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Ours doesn't have any preamble to confuse any liberals. It also says that the RKBA won't even be [b]questioned[/b]. Also, Sect 25 says the government doesn't have any power over RKBA. It can be argued, quite correctly I believe, that concealed carry permits clear violate our Constitution for the following reasons: 1. Other state constitutions have clauses saying that the Legislature can regulate the carrying of weapons. Since ours doesn't, it can be asserted that our Legislature can't. 2. Since the right to keep and [b]bear[/b] arms can't be questioned, saying citizens must first prove that they can carry is clearly questioning that right. Also, many, if not all, of PA's gun control laws clearly violate Sect 22 and Sect 25, using the logic in point 2 above.
Link Posted: 1/5/2002 12:57:26 PM EDT
CT: Every citizen has a right to bear arms in defense of himself and the state. Who the hell cares what the constitutions say? It doesn't much matter anyway. All this "...shall never be questioned" and "not be infringed" amounts to a hill of refried beans if you ask me.
Link Posted: 1/6/2002 8:46:09 AM EDT
Delaware Constitution Article I, 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.
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