Links to State Constitutions & Important Clauses
|
|
|
States |
||||
|
State Constitutional Clauses of Interest |
|
|||
|
Alabama ARTICLE I.
Declaration of Rights. 1. That all men are equally free and
independent; that they are endowed by their Creator with certain inalienable
rights; that among these are life, liberty and the pursuit of happiness. http://www.legislature.state.al.us/misc/history/constitutions/1901/1901.html Alaska Section 1.1 - INHERENT RIGHTS. http://old-www.legis.state.ak.us/cgi-bin/folioisa.dll/acontxt? Arizona 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. (Art. II, 26) http://www.azleg.gov/Constitution.asp Arkansas Sec.
1. Source of power. All political power is inherent in the people and
government is instituted for their protection, security and benefit; and they
have the right to alter, reform or abolish the same in such manner as they
may think proper. http://www.sos.arkansas.gov/ar-constitution/arconst/arconst.htm California
no RKBA article SECTION
1. All people are by nature free and independent and have inalienable rights.
Among these are enjoying and defending life and liberty, acquiring,
possessing, and protecting property, and pursuing and obtaining safety,
happiness, and privacy. http://www.leginfo.ca.gov/const-toc.html Colorado ARTICLE
II Bill of Rights Section
3. Inalienable rights. All persons have certain natural, essential and
inalienable rights, among which may be reckoned the right of enjoying and
defending their lives and liberties; of acquiring, possessing and protecting
property; and of seeking and obtaining their safety and happiness. 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. (Art. II,
13) http://www.independenceinstitute.org/Publications/ColoradoConstitution/iscolocn.htm Connecticut SEC.
15. Every citizen has a right to bear arms in defense of himself and the
state. http://www.sots.ct.gov/sots/cwp/view.asp?A=3188&QUESTION_ID=392288 Delaware
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. (Art. I, 20) http://www.delcode.state.de.us/constitution/index.htm Florida ARTICLE
I DECLARATION OF RIGHTS SECTION
2. Basic rights.--All natural
persons, female and male alike, are equal before the law and have inalienable
rights, among which are the right to enjoy and defend life and liberty, to
pursue happiness, to be rewarded for industry, and to acquire, possess and
protect property; except that the ownership, inheritance, disposition and
possession of real property by aliens ineligible for citizenship may be regulated
or prohibited by law. No person
shall be deprived of any right because of race, religion, national origin, or
physical disability. 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. http://www.leg.state.fl.us/Statutes/index.cfm?Mode=Constitution&Submenu=3&Tab=statutes Georgia ARTICLE
I. Bill of Rights. Section I.
Rights of Persons. No
person shall be deprived of life, liberty, or property except by due process
of law. Paragraph
II. Protection to person and property; equal protection. Protection
to person and property is the paramount duty of government and shall be
impartial and complete. No person shall be denied the equal protection of the
laws. 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. http://www.cviog.uga.edu/Projects/gainfo/contoc.htm Hawaii Article
I, Section 17. 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. [Ren Const Con 1978 and election
Nov 7, 1978] http://www.hawaii.gov/lrb/con/ Idaho ARTICLE
I DECLARATION OF RIGHTS SECTION
1. INALIENABLE RIGHTS OF MAN. All men are by nature free and equal, and
have certain inalienable rights, amoung which are enjoying and defending life
and liberty; acquiring, possessing and protecting property; pursuing
happiness and securing safety. SECTION
4. RIGHT TO 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 passage of
legislation providing penalties for the possession of firearms by a convicted
felon, nor prevent the passage of 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. (Art. I, 11) http://www3.state.id.us/idstat/const/constTOC.html Illinois ARTICLE
I BILL OF RIGHTS SECTION
1. INHERENT AND INALIENABLE RIGHTS All men are by nature free and independent
and have certain inherent and inalienable rights among which are life,
liberty and the pursuit of happiness. To secure these rights and the
protection of property, governments are instituted among men, deriving their
just powers from the consent of the governed. 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. http://www.ilga.gov/commission/lrb/conmain.htm
Indiana (current) ARTICLE 1, Section 32. The people shall have a right to bear arms, for the
defense of themselves and the State. http://www.law.indiana.edu/uslawdocs/inconst/art-1.html Iowa ARTICLE
I - BILL OF RIGHTS Rights
of persons. SECTION 1. All men and women are, by nature, free and equal, and
have certain inalienable rights--among which are those of enjoying and
defending life and liberty, acquiring, possessing and protecting property,
and pursuing and obtaining safety and happiness. http://www.legis.state.ia.us/Constitution.html KANSAS Kansas Bill of Rights
1. Equal rights. All men are
possessed of equal and inalienable natural rights, among which are life,
liberty, and the pursuit of happiness.
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. http://www.kslib.info/constitution/index.html Kentucky Bill
of Rights Section
1 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. Second:
The right of worshipping Almighty God according to the dictates of their
consciences. Third:
The right of seeking and pursuing their safety and happiness. Fourth:
The right of freely communicating their thoughts and opinions. Fifth:
The right of acquiring and protecting property. Sixth:
The right of assembling together in a peaceable manner for their common good,
and of applying to those invested with the power of government for redress of
grievances or other proper purposes, by petition, address or remonstrance. 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
2 Absolute and arbitrary power
over the lives, liberty and property of freemen exists nowhere in a republic,
not even in the largest majority. http://www.lrc.state.ky.us/legresou/constitu/intro.htm Louisiana ARTICLE
I, Sec. 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. http://senate.legis.state.la.us/documents/Constitution/ Maine Section
1. Natural rights. All people are born equally free and independent, and have
certain natural, inherent and unalienable rights, among which are those of
enjoying and defending life and liberty, acquiring, possessing and protecting
property, and of pursuing and obtaining safety and happiness. Section
16. To keep and bear arms. Every citizen has a right to keep and bear arms
and this right shall never be questioned. http://janus.state.me.us/legis/const/ Maryland Art.
2. The Constitution of the United States, and the Laws made, or which shall
be made, in pursuance thereof, and all Treaties made, or which shall be made,
under the authority of the United States, are, and shall be the Supreme Law
of the State; and the Judges of this State, and all the People of this State,
are, and shall be bound thereby; anything in the Constitution or Law of this
State to the contrary notwithstanding. Art.
45. This enumeration of Rights shall not be construed to impair or deny
others retained by the People. [Article
2 incorporates the U.S. Constitution including the Second Amendment] http://www.mdarchives.state.md.us/msa/mdmanual/43const/html/00dec.html 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. http://www.magnet.state.ma.us/legis/const.htm Michigan ARTICLE
I. DECLARATION OF RIGHTS Bearing
of arms. Sec.
6. Every person has a right to keep and bear arms for the defense of himself
and the state. http://www.legislature.mi.gov/documents/publications/Constitution.pdf Minnesota ARTICLE
I BILL OF RIGHTS Section
1. OBJECT OF GOVERNMENT.
Government is instituted for the security, benefit and protection of
the people, in whom all political power is inherent, together with the right
to alter, modify or reform government whenever required by the public good. http://www.house.leg.state.mn.us/cco/rules/mncon/preamble.htm Mississippi ARTICLE
3 BILL OF RIGHTS 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 carrying concealed weapons. http://www.olemiss.edu/depts/law_lib_research/laws/msconst.html Missouri 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. http://www.moga.state.mo.us/const/moconstn.htm
Montana ARTICLE
II DECLARATION OF RIGHTS Nebraska Article
I -- Bill of Rights Sec.
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. (Amended 1988.) http://uniweb.legislature.ne.gov/QS/laws.php?mode=view_full_con Nevada Article
1, 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. http://www.leg.state.nv.us/Const/NVConst.html New
Hampshire (l784) BILL
OF RIGHTS [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, l982 http://www.state.nh.us/constitution/billofrights.html New
Jersey -- no RKBA clause http://www.njleg.state.nj.us/lawsconstitution/constitution.asp New
Mexico Article
II, Sec. 6. [Right to bear arms.]
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. No municipality or county shall regulate, in
any way, an incident of the right to keep and bear arms. (As amended November
2, 1971 and November 2, 1986.) http://www.conwaygreene.com/nmsu/lpext.dll/nmsu2008july/1?fn=document-frame.htm&f=templates&2.0
New York -- no RKBA clause 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. http://statelibrary.dcr.state.nc.us/NC/STGOVT/CONST1.HTM#I North Dakota ARTICLE
I, Section 1. All individuals are by nature equally free and independent and
have certain inalienable rights, among which are those of enjoying and
defending life and liberty; acquiring, possessing and protecting property and
reputation; pursuing and obtaining safety and happiness; and to keep and bear
arms for the defense of their person, family, property, and the state, and
for lawful hunting, recreational, and other lawful purposes, which shall not
be infringed. http://www.legis.nd.gov/constitution/const.pdf Ohio 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. (Art.
I, 4) http://www.sos.state.oh.us/sos/upload/publications/election/constitution07.pdf Oklahoma Section
II-2: Inherent rights. All
persons have the inherent right to life, liberty, the pursuit of happiness,
and the enjoyment of the gains of their own industry. Section
II-26: 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. http://oklegal.onenet.net/okcon/index.html Oregon Section
27. Right to bear arms; military subordinate to civil power. The people shall have the right to
bear arms for the defence (sic) of themselves, and the State, but the
Military shall be kept in strict subordination to the civil power[.] http://www.sos.state.or.us/bbook/state/constitution/constitution.htm 1776 Pennsylvania Constitution
(1776) Declaration
of the Rights, XIII. That the people have a right to bear arms for the
defence of themselves and the state; and as standing armies in the 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. http://www.paconstitution.duq.edu/P.PA_CONST.html Current Pennsylvania Constitution
Declaration
of the Rights, 21. The right of the citizens to bear arms in defense of themselves and the State shall not be questioned. http://sites.state.pa.us/PA_Constitution.html and Rhode
Island Section
22. Right to bear arms. -- The right of the people to keep and bear arms
shall not be infringed http://www.rilin.state.ri.us/gen_assembly/RiConstitution/riconst.html South Carolina ARTICLE
I, SECTION 20. Right to keep and bear arms; armies; military power
subordinate to civil authority; how soldiers quartered. 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 the manner prescribed by law. http://www.scstatehouse.net/scconstitution/scconst.htm South Dakota ARTICLE
VI BILL OF RIGHT
1. Inherent rights. All men are
born equally free and independent, and have certain inherent rights, among
which are those of enjoying and defending life and liberty, of acquiring and
protecting property and the pursuit of happiness. To secure these rights
governments are instituted among men, deriving their just powers from the
consent of the governed.
24. Right to bear arms. The
right of the citizens to bear arms in defense of themselves and the state
shall not be denied. http://legis.state.sd.us/statutes/Constitution.aspx Tennessee
ARTICLE
I , Sec. 26. That the citizens of this State have a right to keep and to bear
arms for the common defense; but the legislature shall have power, by law, to
regulate the wearing of arms with a view to prevent crime. http://www.harbornet.com/rights/tennesse.txt Texas 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. http://tlo2.tlc.state.tx.us/txconst/toc.html Utah ARTICLE
I. DECLARATION OF RIGHTS Sec.
1. [Inherent and Inalienable Rights.] All men have the inherent and
inalienable right to enjoy and defend their lives and liberties; to acquire,
possess and protect property; to worship according to the dictates of their
consciences; to assemble peaceably, protest against wrongs, and petition for
redress of grievances; to communicate freely their thoughts and opinions,
being responsible for the abuse of that right. Sec.
6. [Right to bear arms.] 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. http://www.le.state.ut.us/%7Ecode/const/const.htm Vermont
Article
1st. All persons born free; their natural rights; slavery prohibited That
all persons are born equally free and independent, and have certain natural,
inherent, and unalienable rights, amongst which are the enjoying and
defending life and liberty, acquiring, possessing and protecting property,
and pursuing and obtaining happiness and safety; therefore no person born in
this country, or brought from over sea, ought to be holden by law, to serve
any person as a servant, slave or apprentice, after arriving to the age of
twenty-one years, unless bound by the person's own consent, after arriving to
such age, or bound by law for the payment of debts, damages, fines, costs, or
the like. Article
16th. 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. http://www.usconstitution.net/vtconst.html Virginia ARTICLE
I, Bill of Rights Section
1. Equality and rights of men.
That all men are by nature equally free and independent and have
certain inherent rights, of which, when they enter into a state of society,
they cannot, by any compact, deprive or divest their posterity; namely, the
enjoyment of life and liberty, with the means of acquiring and possessing
property, and pursuing and obtaining happiness and safety. 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. http://legis.state.va.us/Laws/search/constofva.pdf Washington
State Article
I Declaration of Rights 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.courts.wa.gov/education/constitution/ West Virginia CON
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. http://www.legis.state.wv.us/WVCODE/WV_CON.cfm
Wisconsin Article
I. Declaration of Rights Equality;
inherent rights. Section 1. [As amended Nov. 1982 and April 1986] All
people are born equally free and independent, and have certain inherent
rights; among these are life, liberty and the pursuit of happiness; to secure
these rights, governments are instituted, deriving their just powers from the
consent of the governed. 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. http://www.legis.state.wi.us/rsb/2wiscon.html Wyoming 97-1-002.
Equality of all. In
their inherent right to life, liberty and the pursuit of happiness, all
members of the human race are equal. 97-1-003.
Equal political rights. Since
equality in the enjoyment of natural and civil rights is only made sure
through political equality, the laws of this state affecting the political
rights and privileges of its citizens shall be without distinction of race,
color, sex, or any circumstance or condition whatsoever other than individual
incompetency, or unworthiness duly ascertained by a court of competent
jurisdiction. 97-1-007.
No absolute, arbitrary power. 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. | ||||