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Posted: 2/14/2006 5:10:52 PM EDT
[Last Edit: 2/15/2006 1:46:02 PM EDT by TrashHeap]
“RIGHT TO BEAR ARMS”
FROM 50 STATE CONSTITUTIONS



Constitution Of Alabama

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

Constitution Of 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. [Amended 1994]

Arizona Constitution

Article 2 Section 26 - Bearing 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.

Arkansas Bill of Rights

Sec. 5 - Right to bear arms
The citizens of this state shall have the right to keep and bear arms for their common defense.

California

ARTICLE VII.
Militia.
Sec. 1. The Legislature shall provide by law for organising and disciplining the militia, in such manner as they shall deem expedient, not incompatible with the Constitution and laws of the United States.
Sec. 2. Officers of the militia shall be elected, or appointed, in such a manner as the Legislature shall from time to time direct, and shall be commissioned by the governor.
Sec. 3. The governor shall have power to call forth the militia, to execute the laws of the State, to suppress insurrections, and repel invasions.
CONSTITUTION OF THE STATE OF COLORADO

Section 13. Right to bear arms.
Statute text
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.
History
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 30.
ANNOTATIONS
Am. Jur.2d. See 79 Am. Jur.2d, Weapons and Firearms, §§ 4-8.
C.J.S. See 94 C.J.S., Weapons, §§ 3-8.
No absolute right to bear arms. The right to bear arms is not absolute, and it can be restricted by the state's valid exercise of its police power. People v. Garcia, 197 Colo. 550, 595 P.2d 228 (1979).
The conflicting rights of the individual's right to bear arms and the state's right, indeed its duty under its inherent police power, to make reasonable regulations for the purpose of protecting the health, safety, and welfare of the people prohibits granting an absolute right to bear arms under all situations. People v. Blue, 190 Colo. 95, 544 P.2d 385 (1975).
The right to bear arms is not absolute as that right is limited to the defense of one's home, person, and property. People v. Ford, 193 Colo. 459, 568 P.2d 26 (1977).
Right to bear arms is not absolute. Douglass v. Kelton, 199 Colo. 446, 610 P.2d 1067 (1980); People v. Pflugbeil, 834 P.2d 843 (Colo. App. 1992).
Convicted felons' rights subject to limitation. Defendants cannot invoke the same constitutionally protected right to bear arms as could others where the right of a convicted felon to bear arms is subject to reasonable legislative regulation and limitation. People v. Blue, 190 Colo. 95, 544 P.2d 385 (1975).
Municipal ordinance making it unlawful to possess a dangerous or deadly weapon was unconstitutionally overbroad. Lakewood v. Pillow, 180 Colo. 20, 501 P.2d 744 (1972).
Affirmative defense. A defendant charged under section 18-12-108 who presents competent evidence showing that his purpose in possessing weapons was the defense of his home, person, and property as recognized by this section thereby raises an affirmative defense. People v. Ford, 193 Colo. 459, 568 P.2d (1977).
Trial court properly excluded affirmative defense based on this section and a proposed jury instruction where the defendant's offer of proof was insufficient to support the proposed affirmative defense. People v. Barger, 732 P.2d 1225 (Colo. App. 1986).
In considering a challenge to the validity of an ordinance regulating the exercise of the right to bear arms, a court need not determine the status of the right to bear arms under Article II, Section 13. The trial court erred in reaching the question of the status of the right guaranteed under Article II, Section 13, and in holding that the right is fundamental. Robertson v. City and County of Denver, 874 P.2d 325 (Colo. 1994).
Trial court erred in reviewing ordinance regulating the exercise of the right to bear arms under the strict scrutiny standard. The right to bear arms may be regulated by the state under its police power in a reasonable manner. Robertson v. City and County of Denver, 874 P.2d 325 (Colo. 1994).
Ordinance is related to a legitimate government interest and is a valid exercise of police power where assault weapons are weapons of choice for drug traffickers and other criminals and where they account for thirty percent of the weapons used by organized crime, gun trafficking, and terrorists and over twelve percent of drug-related crimes nationwide. Robertson v. City and County of Denver, 874 P.2d 325 (Colo. 1994).
Applied in People v. Nakamura, 99 Colo. 262, 62 P.2d 246 (1936); People v. Taylor, 190 Colo. 144, 544 P.2d 392 (1975).

CONSTITUTION OF THE STATE OF CONNECTICUT

SEC. 15. Every citizen has a right to bear arms in defense of himself and the state.

Delaware Constitution
§ 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.

STATE OF 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.
History.--Am. C.S. for S.J.R. 43, 1989; adopted 1990.

Constitution of the State of Georgia

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 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]

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.

Constitution of the State of Illinois

SECTION 22. RIGHT TO ARMS Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed.

State of Indiana

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

ARTICLE VI.
MILITIA.
Composition--training. SECTION 1. The militia of this state shall be composed of all able-bodied male citizens, between the ages of eighteen and forty-five years, except such as are or may hereafter be exempt by the laws of the United States, or of this state, and shall be armed, equipped, and trained, as the general assembly may provide by law.
Amended 1868, Amendment [5]
Exemption. SEC. 2. No person or persons conscientiously scrupulous of bearing arms shall be compelled to do military duty in time of peace: Provided, that such person or persons shall pay an equivalent for such exemption in the same manner as other citizens.
Officers. SEC. 3. All commissioned officers of the militia, (staff officers excepted,) shall be elected by the persons liable to perform military duty, and shall be commissioned by the governor.

Kansas State Constitution

§ 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 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.



Louisiana State Constitution

§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

Section 16. To keep and bear arms. Every citizen has a right to keep and bear arms and
this right shall never be questioned.

CONSTITUTION OF MARYLAND

Art. 28. That a well regulated Militia is the proper and natural defence of a free Government.

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.

CONSTITUTION OF MICHIGAN

§ 6 Bearing of arms.
Every person has a right to keep and bear arms for the defense of himself and the state.

MINNESOTA


Sec. 9. MILITIA ORGANIZATION. The legislature shall pass laws necessary for the organization, discipline and service of the militia of the state.

Missouri Constitution

Article I
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.

CONSTITUTION OF THE STATE OF MISSISSIPPI

Sec. 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 car rying concealed weapons.


Sec. 12. PRESERVATION OF HUNTING AND FISHING. Hunting and fishing and the taking of game and fish are a valued part of our heritage that shall be forever preserved for the people and shall be managed by law and regulation for the public good. [Adopted, November 3, 1998]

STATE OF 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.

State of Nebraska Constitution

CI-1 All persons are by nature free and independent, and have certain inherent and inalienable rights; among these are life, liberty, the pursuit of happiness, and the right to keep and bear arms for security or defense of self, family, home, and others, and for lawful common defense, hunting, recreational use, and all other lawful purposes, and such rights shall not be denied or infringed by the state or any subdivision thereof. To secure these rights, and the protection of property, governments are instituted among people, deriving their just powers from the consent of the governed.

THE CONSTITUTION OF THE STATE OF 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.

New Hampshire

[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 l, 1982

NEW JERSEY STATE CONSTITUTION

(The right to keep and bear arms not found or has been repealed for this State)

CONSTITUTION OF THE STATE OF NEW MEXICO

Sec. 6. No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons.

THE CONSTITUTION OF THE STATE OF NEW YORK

ARTICLE 2
Bill of Rights
§ 4. 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 cannot be infringed.


State of North Carolina

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.

THE CONSTITUTION of the STATE OF NORTH DAKOTA

Sec. 3. The state of North Dakota is an inseparable part of the American union and the constitution of the United States is the supreme law of the land. (No specific mention of a State recognition of right to bear arms)

The Ohio Constitution

§ 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.

STATE OF OKLAHOMA

SECTION II26
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 Constitution

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

CONSTITUTION OF PENNSYLVANIA

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

State of Rhode Island

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

CONSTITUTION OF THE STATE OF SOUTH CAROLINA

Sec. 20. 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 a manner prescribed by law.

South Dakota

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

CONSTITUTION OF THE STATE OF TENNESSEE

Sec. 26. Right to bear arms - Regulations.
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.



The Texas Constitution

Article 1 - BILL OF RIGHTS
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.

UTAH

Sec. 6. [Right to bear arms.] The people have the right to bear arms for their security and defense, but the Legislature may regulate the exercise of this right by law.

VERMONT

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.

Article 17. [Martial law restricted]
That no person in this state can in any case be subjected to law martial, or to any penalties or pains by virtue of that law except those employed in the army, and the militia in actual service.

Constitution of Virginia

Article I - Bill of Rights
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 State Constitution

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.

Constitution of West Virginia

3-22. 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

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]

CONSTITUTION OF THE STATE OF WYOMING


97-1-024. Right to bear arms.
The right of citizens to bear arms in defense of themselves and of the state shall not be denied.
Link Posted: 2/14/2006 5:18:11 PM EDT
It's sad how states such as Hawaii for example, have a state constitution that is nearly verbatim as the US Constitution, while so obviously infringing upon that "right".

But then again... so does the federal government.

Did I mention the sky is blue?
Link Posted: 2/14/2006 5:24:25 PM EDT

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.





Someone should tell the state legislature about this!
Link Posted: 2/14/2006 5:27:46 PM EDT

Originally Posted By happycynic:

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.





Someone should tell the state legislature about this!



Yeah they missed this I guess.
Link Posted: 2/14/2006 5:28:08 PM EDT



NEW JERSEY STATE CONSTITUTION

(The right to keep and bear arms not found or has been repealed for this State)





Owned
Link Posted: 2/14/2006 5:56:49 PM EDT
The idea of the Federal or states governments to contradict the Constitutions so blatantly is part of the process to rewrite the documents or eliminate them altogether...the fact that there aren't enough people in the states or all the states, to stand up and protest the issues that take away constitutional rights is the license that allows the Anti's to succeed.
Link Posted: 2/14/2006 5:59:26 PM EDT
GO MAINE!!!!!!!!!!
Link Posted: 2/14/2006 6:05:26 PM EDT

Originally Posted By happycynic:

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.





Someone should tell the state legislature about this!



Actually, that is a terrible example of a guarantee to the right of a law abiding citizen to own a firearm. First, a person's right to keep and bear arms is granted only (and explicitly) for the purpose of "the common defence". This implies militia. Second the militia is placed in subjection to the legislature. So, a person in the State of Massachusetts only has the right to own a gun for common defence, and that right is subject to the authority of the legislature.

Michigan and Texas are excellent examples of the individual right to own a firearm. Assachusetts is not.
Link Posted: 2/14/2006 6:05:52 PM EDT

Originally Posted By johnrj:
The idea of the Federal or states governments to contradict the Constitutions so blatantly is part of the process to rewrite the documents or eliminate them altogether...the fact that there aren't enough people in the states or all the states, to stand up and protest the issues that take away constitutional rights is the license that allows the Anti's to succeed.



All the more reason to join NRA/RKBA in your State. They are the constituant/our voice to the State legeslators. I would like to see lawsuits filed against a couple of these restrictive States. See what happens when it goes all the way to the top and before Alito and Roberts.
Link Posted: 2/14/2006 6:07:22 PM EDT
As a fourth generation Californian, I can tell you with certainty that the quote listed has nothing to do with the right to bear arms. It's part of the Militia sections of the Military and Veterans Code. Even a brief reading will reveal it says nothing about arming the militia, expecting guys to show up armed , etc etc etc. Like it or not, CA has no Second Amendment equivalent in it's state constitution.

And if you look into some of rebellions, wars and vigilante discussions we had in the first half of the 19th century, you can see why maybe the state legislature was a little whoopsie about it. Don't agree and it screwed us now, but they had some real wild times back then. (Read Shermans Memoirs for some personal experiences he had here.)
Link Posted: 2/14/2006 6:07:45 PM EDT
I knew the Hawaii one was like the 2A, but cannot explain their drastic gun laws...weird, huh? ;)

Link Posted: 2/14/2006 6:17:00 PM EDT
Link Posted: 2/14/2006 6:25:53 PM EDT

Originally Posted By Paul:
It doesn't mean a shit what the words on the Constitutions are - what ever the courts/lawyers want the words to mean they mean. We are no longer a country of laws controlled by citizens. We are a country of citizens controlled by ten thousand new laws added every year. We are given a tiny slice of the pie in which we are almost free - a very tiny slice that grows smaller every moment. You have not God given rights, you have only what is alloted you from a court decission or series of court decissions.

Too many good people are going to jail over bull shit while allowing true hardened criminals to wander and own our city streets.

It's time people.



Sad, but completely true. The founders of this great nation have had their work watered down to weak stool softener. This will all come to a breaking pont in the distant future.
Link Posted: 2/14/2006 7:16:58 PM EDT

Originally Posted By motown_steve:

Originally Posted By happycynic:

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.





Someone should tell the state legislature about this!



Actually, that is a terrible example of a guarantee to the right of a law abiding citizen to own a firearm. First, a person's right to keep and bear arms is granted only (and explicitly) for the purpose of "the common defence". This implies militia. Second the militia is placed in subjection to the legislature. So, a person in the State of Massachusetts only has the right to own a gun for common defence, and that right is subject to the authority of the legislature.

Michigan and Texas are excellent examples of the individual right to own a firearm. Assachusetts is not.



I believe that in the usage of the time, common defense would have included defense from criminals, which one could use to protect onesself or one's neighbors.
Link Posted: 2/14/2006 7:21:26 PM EDT


VERMONT

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.

Article 17. [Martial law restricted]
That no person in this state can in any case be subjected to law martial, or to any penalties or pains by virtue of that law except those employed in the army, and the militia in actual service.



I love the fact that Vermont specifically restricts Martial Law.

Shhh. No one tell the libs in the statehouse...
Link Posted: 2/14/2006 7:35:56 PM EDT

STATE OF 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.
History.--Am. C.S. for S.J.R. 43, 1989; adopted 1990.



Florida is pretty cool, the text highlighted in red was great when I went to buy a handgun after receiving my CWL. There shouldn't be a waiting period for anyone approved to buy one though Can't complain too much in this day and age since we are one of the most "free" states when it comes to firearms' rights. It is easy to rationalize that everything is great when you have more rights than a good portion of the other states.
Link Posted: 2/14/2006 7:39:12 PM EDT

Originally Posted By Paul:
It doesn't mean a shit what the words on the Constitutions are - what ever the courts/lawyers want the words to mean they mean. We are no longer a country of laws controlled by citizens. We are a country of citizens controlled by ten thousand new laws added every year. We are given a tiny slice of the pie in which we are almost free - a very tiny slice that grows smaller every moment. You have not God given rights, you have only what is alloted you from a court decission or series of court decissions.

Too many good people are going to jail over bull shit while allowing true hardened criminals to wander and own our city streets.

It's time people.


Ohhhhh man you are so right.

+1.
Link Posted: 2/15/2006 5:41:44 AM EDT
The NY RKBA is defined in the Civil Rights Law.

ARTICLE 2
Bill of Rights

Section 2. Supreme sovereignty in the people.
3. Levying taxes and charges.
4. Right to keep and bear arms.
5. Military service by citizens.
6. Exemption from military service.
7. Quartering soldiers.
8. Right of search and seizure.
9. Freedom of elections.
10. Justice to be administered without favor and speedily.
11. Fines must be reasonable and imposed only for cause.
12. Rights of persons accused of crime.
13. Right to serve on juries.
14. Jurors not to be questioned for verdicts.
15. Right of appeal not to be denied.

§ 4. 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 cannot be infringed.
Link Posted: 2/15/2006 5:48:43 AM EDT

Originally Posted By Melvinator2k0:



NEW JERSEY STATE CONSTITUTION

(The right to keep and bear arms not found or has been repealed for this State)





Owned





Amazing. BTW, how's the crime there
Link Posted: 2/15/2006 5:57:15 AM EDT

Originally Posted By LANCEMAN:

STATE OF 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.
History.--Am. C.S. for S.J.R. 43, 1989; adopted 1990.



Florida is pretty cool, the text highlighted in red was great when I went to buy a handgun after receiving my CWL. There shouldn't be a waiting period for anyone approved to buy one though Can't complain too much in this day and age since we are one of the most "free" states when it comes to firearms' rights. It is easy to rationalize that everything is great when you have more rights than a good portion of the other states.





FL CCW is a good thing. 3 months ago when I purchased my G29 I chucked my permit
on the counter, 10 minutes later I walk out with a new Glock. Law abiding citizens should be treated this way Nationwide. Write your elected officials. Our future is at stake.
Link Posted: 2/15/2006 5:59:01 AM EDT

Originally Posted By Wobblin-Goblin:

Originally Posted By Paul:
It doesn't mean a shit what the words on the Constitutions are - what ever the courts/lawyers want the words to mean they mean. We are no longer a country of laws controlled by citizens. We are a country of citizens controlled by ten thousand new laws added every year. We are given a tiny slice of the pie in which we are almost free - a very tiny slice that grows smaller every moment. You have not God given rights, you have only what is alloted you from a court decission or series of court decissions.

Too many good people are going to jail over bull shit while allowing true hardened criminals to wander and own our city streets.

It's time people.


Ohhhhh man you are so right.

+1.



+2
Link Posted: 2/15/2006 5:59:20 AM EDT
Ours is pretty good, and seems to have held up well other than the obnoxious handgun permit-to-purchase crap we have, and no cans for peons.

On the other hand they seem to have found lots of ways to "question" bearing arms. Walk around St. Louis with a holstered gun and see how creative they get in "questioning" it.
Link Posted: 2/15/2006 6:00:57 AM EDT
The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.

I like that part there.
Link Posted: 2/15/2006 6:05:13 AM EDT
Link Posted: 2/15/2006 6:08:30 AM EDT



MAINE

Section 16. To keep and bear arms. Every citizen has a right to keep and bear arms and
this right shall never be questioned.



That sounds good. Could we get that in the U.S. bill of rights?
Link Posted: 2/15/2006 6:24:21 AM EDT

Originally Posted By Mattl:

Originally Posted By happycynic:

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.





Someone should tell the state legislature about this!



Yeah they missed this I guess.





I guess reading comprehension isan't big in the legislature.
Link Posted: 2/15/2006 12:16:32 PM EDT

Originally Posted By rkbar15:
The NY RKBA is defined in the Civil Rights Law.

ARTICLE 2
Bill of Rights

Section 2. Supreme sovereignty in the people.
3. Levying taxes and charges.
4. Right to keep and bear arms.
5. Military service by citizens.
6. Exemption from military service.
7. Quartering soldiers.
8. Right of search and seizure.
9. Freedom of elections.
10. Justice to be administered without favor and speedily.
11. Fines must be reasonable and imposed only for cause.
12. Rights of persons accused of crime.
13. Right to serve on juries.
14. Jurors not to be questioned for verdicts.
15. Right of appeal not to be denied.

§ 4. 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 cannot be infringed.



Wow, I missed that . Thanks
Link Posted: 2/15/2006 12:22:24 PM EDT
[Last Edit: 2/15/2006 12:23:08 PM EDT by imposter]

Originally Posted By TrashHeap:
UTAH

Sec. 6. [Right to bear arms.] The people have the right to bear arms for their security and defense, but the Legislature may regulate the exercise of this right by law.


This is outdated. Years ago the constitution of Utah was amended to read as follows:

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.


Link Posted: 2/15/2006 12:46:07 PM EDT

Originally Posted By MlTCHELL:
It's sad how states such as Hawaii for example, have a state constitution that is nearly verbatim as the US Constitution, while so obviously infringing upon that "right".

But then again... so does the federal government.

Did I mention the sky is blue?

is water still wet?
Link Posted: 2/15/2006 12:50:00 PM EDT
I guess Arkansas doesn't count
Link Posted: 2/15/2006 12:54:32 PM EDT
I just love how we have a boot on our neck in our own state constitution.
Link Posted: 2/15/2006 12:57:15 PM EDT

Originally Posted By AmericanPatriot1776:
GO MAINE!!!!!!!!!!



DAMN RIGHT!!

<--------------

Link Posted: 2/15/2006 12:58:20 PM EDT

Originally Posted By AmericanPatriot1776:
GO MAINE!!!!!!!!!!

Oh Yeah !!!!!! +1,000,000,000
Link Posted: 2/15/2006 1:06:48 PM EDT

Originally Posted By Dusty_C:
I guess Arkansas doesn't count



Link Posted: 2/15/2006 1:07:08 PM EDT
tag
Link Posted: 2/15/2006 1:12:40 PM EDT

Originally Posted By Paul:
It doesn't mean a shit what the words on the Constitutions are - what ever the courts/lawyers want the words to mean they mean. We are no longer a country of laws controlled by citizens. We are a country of citizens controlled by ten thousand new laws added every year. We are given a tiny slice of the pie in which we are almost free - a very tiny slice that grows smaller every moment. You have not God given rights, you have only what is alloted you from a court decission or series of court decissions.

Too many good people are going to jail over bull shit while allowing true hardened criminals to wander and own our city streets.

It's time people.




I agree with you.
Link Posted: 2/15/2006 1:28:26 PM EDT

Originally Posted By wgjhsafT:
The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.

I like that part there.



I'm not sure that is from the KY Constitution. I like reading our constitution from time to time. Folks always seem to have a joke about ignorant Kentuckians, but our founder were some smart Mofos. Here's some excerpts from our Bill of Rights:

Section 1, part 7: 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. (We have a very nice concealed carry law as well)

Section 2: Absolute and arbitrary power over the lives, liberty and property of freemen exists nowhere in a republic, not even in the largest majority.

Section 4: All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety, happiness and the protection of property. For the advancement of these ends, they have at all times an inalienable and indefeasible right to alter, reform or abolish their government in such manner as they may deem proper. (This is my favorite section)

Section 8: ... Every person may freely and fully speak, write and print on any subject, being responsible for the abuse of that liberty. (Responsibility? Oh the Horror!)

Section 26: To guard against transgression of the high powers which we have delegated, We Declare that every thing in this Bill of Rights is excepted out of the general powers of government, and shall forever remain inviolate; and all laws contrary thereto, or contrary to this Constitution, shall be void.


Some people say their vote isn't important or doesn't matter. Kentucky found it important enough to protect you from arrest while exercising that right, except for the most serious of crimes.

Section 146: Voters, in all cases except treason, felony, breach of surety of the peace, or violation of the election laws, shall be privileged from arrest during their attendance at elections, and while they are going to and returning therefrom.

Link Posted: 2/15/2006 2:17:16 PM EDT
Bump. Just because.
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