View Full Version : States with 2A written in State Constitution/BOR?
With the recent trend of states seeking to implement stricter gun control, it seems like living in a state that specifically protects the 2A in its state constitution/BOR would be the safest bet.
Sound off if you know which states specifically protect the individual right to keep and bear arms.
TacMedic556
02-11-13, 09:37
Check out Montana. They can't even touch our 2A rights. Statehood would be nullified.
NY has "cannot be infringed" in its constitution. That worked out well:sarcastic:
NY has "cannot be infringed" in its constitution. That worked out well:sarcastic:
That is potentially very good in light of the lawsuit being brought against the NY State government.
JBecker 72
02-11-13, 09:59
Not sure if it's in our commonwealths constitution or not, but VA just slapped down every anti gun piece of legislature brought up in the state senate, and has the majority to pass many further pro 2A bills that are proposed.
Only concern I have for VA is the ever increasing "Northern VA" influence on the rest of the state. The trash from DC and MD is spilling into our back yard.
MountainRaven
02-11-13, 10:15
Check out Montana. They can't even touch our 2A rights. Statehood would be nullified.
They could ban concealed carry. But that would be it.
ETA: Article II, 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.
(Our Constitution also includes protections for a quality education, a healthy environment, a specific privacy protection, plus it does not allow suspension of habeas corpus or 'import' of any number of armed persons for the purpose of 'preserving the peace' or the 'suppression of domestic violence' except with the application of the legislature.)
ETA2: Article II, Section 2 - Inalienable Rights: All persons are born free and have certain inalienable rights. They include the right to a clean and healthful environment and the rights of pursuing life's basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health and happiness in all lawful ways. In enjoying these rights, all persons recognize corresponding responsibilities. (emphasis added)
Indiana State Constitution Article 1 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.
NY has "cannot be infringed" in its constitution. That worked out well:sarcastic:
This is a false statement.
NY does not protect the right to bear arms in any way in its constitution.
Member Big A just PMd me with this link to Florida's state protection of the 2A. It unfortunately includes the abiliry of the state to regulate the "manner of bearing arms".
http://www.flsenate.gov/Laws/Constitution#A1S08
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.
Magic_Salad0892
02-11-13, 10:35
Member Big A just PMd me with this link to Florida's state protection of the 2A. It unfortunately includes the abiliry of the state to regulate the "manner of bearing arms".
http://www.flsenate.gov/Laws/Constitution#A1S08
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.
All that technically means is that they can ban CONCEALED carry.
CONSTITUTION OF THE COMMONWEALTH OF PENNSYLVANIA
Article 1 - DECLARATION OF RIGHTS
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.
The reality is that the Federal Government, and the vast majority of State Governments, have been infringing on the rights of citizens to bear arms for decades with impunity.
The 2nd Amendment has already been infringed it is now just about to what degree they can keep infringing.
Cameron
Magic_Salad0892
02-11-13, 10:59
The reality is that the Federal Government, and the vast majority of State Governments, have been infringing on the rights of citizens to bear arms for decades with impunity.
The 2nd Amendment has already been infringed it is now just about to what degree they can keep infringing.
Cameron
I'm aware. We need to push back. But most gun enthusiasts don't think that having to have a permit for CCW is an infrigement.
Ned Christiansen
02-11-13, 11:02
Michigan:
Every person has a right to keep and bear arms for the defense of himself and the state.
I'm aware. We need to push back. But most gun enthusiasts don't think that having to have a permit for CCW is an infrigement.
Most of the "gun enthusiasts" I know do.
Cameron
Magic_Salad0892
02-11-13, 11:10
Most of the "gun enthusiasts" I know do.
Cameron
Why is that in quotes? I didn't spell that wrong did I?
This is a false statement.
NY does not protect the right to bear arms in any way in its constitution.
I stand corrected as far as the actual NY constitution is concerned but Article 2, Section 4 of the NY Civil Rights Law says:
“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.”
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]"
Some of the supporting court opinions reflect the power of the state to regulate arms somewhat. The case law has for the most part had to do with felons and the like, though.
With a Republican governor and majorities in both houses, and with CCW passed in 2011, we're doing OK for now.
(NFA-friendly, too)
I stand corrected as far as the actual NY constitution is concerned but Article 2, Section 4 of the NY Civil Rights Law says:
“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.”
Laws can be changed much easier than a constitution. Just look at the SAFE act.
Illinois Constitution
ARTICLE 1SECTION 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.
See what they did there?
Texas Constitution and Statutes
http://www.constitution.legis.state.tx.us/
THE TEXAS CONSTITUTION
ARTICLE 1. BILL OF RIGHTS
Sec. 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.
Magic_Salad0892
02-11-13, 13:18
Illinois Constitution
ARTICLE 1SECTION 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.
See what they did there?
I'd be laughing if that wasn't actually in the IL State Constitution.
It looks like a sick joke.
From member tnedator:
Arkansas constitution:
The citizens of this State shall have the right to keep and bear arms, for their common defense.
Ohio
9.68 Right to bear arms - challenge to law.
(A) The individual right to keep and bear arms, being a fundamental individual right that predates the United States Constitution and Ohio Constitution, and being a constitutionally protected right in every part of Ohio, the general assembly finds the need to provide uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition. Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition.
Arizona has the right to bear arms built into the state constitution and it was part of the package of the agreement when Arizona went from a territory to a state.
Maine: Article I, Section 16 of the State of Maine Constitution (http://www.maine.gov/legis/const/) -- "Every citizen has a right to keep and bear arms and this right shall never be questioned."
We'll see how well that holds up. :rolleyes:
4. Individual right to bear arms; armies. 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.
This is Article 4 in the Kansas Bill of Rights, State Constitution.
http://www.kslib.info/government-information/kansas-information/kansas-constitution/kansas-bill-of-rights.html
CONSTITUTION OF THE COMMONWEALTH OF PENNSYLVANIA
Article 1 - DECLARATION OF RIGHTS
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.
On top of that PA has a preemption law that nobody (city, borough, etc.) but the state can make gun laws. Other than being behind the times in regards to hunting with semiauto and suppressors PA is gun friendly EXCEPT Philly. If want a CCW you have to get an out of state non resident that has reciprocity with PA. Our new Antigun AG just terminated the "reciprocity loophole" :rolleyes: with FL for residents that don't have a valid PA permit which you can't get in Philly. Another liberal genius that think gun laws are followed by criminals.
Michigan:
Every person has a right to keep and bear arms for the defense of himself and the state. (http://www.legislature.mi.gov/%28S%28obpume45me3jcne3lyekjk45%29%29/mileg.aspx?page=getObject&objectName=mcl-Article-I-6)
Beat me to it :D
On top of that PA has a preemption law that nobody (city, borough, etc.) but the state can make gun laws. Other than being behind the times in regards to hunting with semiauto and suppressors PA is gun friendly EXCEPT Philly. If want a CCW you have to get an out of state non resident that has reciprocity with PA. Our new Antigun AG just terminated the "reciprocity loophole" :rolleyes: with FL for residents that don't have a valid PA permit which you can't get in Philly. Another liberal genius that think gun laws are followed by criminals.
FL also has a preemption law. Is PA not a shall issue state for CCW?
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.
http://www.leg.wa.gov/LawsAndAgencyRules/Pages/constitution.aspx
ETA: Washington has a preemption law that states that the local governments cannot enact or enforce laws that are more strict than the state concerning firearms.
RCW 9.41.290
State preemption.
The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.
http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.290
"Safe bet" LOL
You all keep thinking that.
Ten years ago, Colorado was a safe bet.
The California invasion changed all that in a short decade. I'm born and raised and have seen this all happening in front of me. We were a gun-loving, mostly conservative crew here. Sure we had the small lefty pockets at the colleges, but it was not as it is today.
The whole "hey Magpul! F CO and move here!" comments were funny the first thousand times.
There should be no "F any state" - we're all in this together, and if you think the CA-born libs won't move into your state, you're wrong. Both heavily-populated coasts will eventually branch out and saturate most of the country, bringing their best and brightest with them. Wake up folks. The direction this COUNTRY is heading does not align with you all's way of thinking. It's coming from the top down.
arizonaranchman
02-12-13, 12:07
NY has "cannot be infringed" in its constitution. That worked out well:sarcastic:
Exactly. We face a Fed (aka: Regime) that utterly disdains the US Constitution, only looking to it when they can twist it into helping with their iron-fisted agenda.
State Constitutions will be meaningless to the Fed while under the control of these whackos, so don't hold your breath. The Fed will crush anything it wishes at will, with a corrupt propogandist media and Supreme Court to back it up.
Exactly. We face a Fed (aka: Regime) that utterly disdains the US Constitution, only looking to it when they can twist it into helping with their iron-fisted agenda.
State Constitutions will be meaningless to the Fed while under the control of these whackos, so don't hold your breath. The Fed will crush anything it wishes at will, with a corrupt propogandist media and Supreme Court to back it up.
Kinda sounds like "Organized Crime" doesn't it? We're the Feds, we can do whatever we want, MFr!
CarlosDJackal
02-12-13, 13:48
From the Commonwealth of Virginia Constitution:
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.
FL also has a preemption law. Is PA not a shall issue state for CCW?
It is but difficult to get one in Philadelphia. Something with it being a "city of the first class":rolleyes:
LowSpeed_HighDrag
02-12-13, 19:59
lol, colorado does....
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."
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