U.S. Constitution, Amendment II
(also known as 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 shall not be infringed.
One Comma or Three?
The Final (ratified) version had only one comma according to the Library of Congress and Government Printing Office.
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Please E-mail the web address of the one-comma version HERE.
Thanks to D.C. Bennison for locating the first two pages!
Madison’s Proposed version may have included three commas,
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Either way, it is an individual right based on the original intent and textual analysis.
1. States With Right To Bear Arms Provisions In Alphabetical Order, CLICK HERE:
2. States Without Specific Constitutional Provisions, CLICK HERE:
States With Right To Bear Arms Provisions In Alphabetical Order:
Alabama Constitution Article I, Section 26
That the great, general and essential principles of liberty and free government may be recognized and established, we declare… That every citizen has a right to bear arms in defense of himself and the state.
Alaska Constitution Article I, Section 19
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.
Arizona Constitution, Article 2, Section 26
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 Constitution Article II, Section 5
The citizens of this State shall have the right to keep and bear arms for their common defense.
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.
Connecticut Constitution Article I, Section 15
Every citizen has a right to bear arms in defense of himself and the state.
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.
Florida Constitution Article I, Section 8(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.
Georgia Constitution Article I, Section 1, Paragraph VIII.
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 Constitution Article I, 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.
Idaho Constitution Article I, Section 11
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.
Illinois Constitution Article I, Section 22
Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed.
Indiana Constitution Article I, Section 32
The people shall have a right to bear arms, for the defense of themselves and the State.
Kansas Constitution Bill of Rights 4
The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be tolerated, and the military shall be in strict subordination to the civil power.
Kentucky Constitution Section 1
All men are, by nature, free and equal, and have certain inherent and inalienable rights, among which may be reckoned: … 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 Constitution Article I, 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 Constitution Article 1, Section 16
Every citizen has a right to keep and bear arms and this right shall never be questioned.
Massachusetts Constitution Part The First, 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.
Michigan Constitution Article I, Section 6
Every person has a right to keep and bear arms for the defense of himself and the state.
Mississippi Constitution Article III, Section 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.
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.
Montana Constitution Article II, Section 12
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.
Montana Constitution Article VI, Section 13(2)
The militia forces shall consist of all able-bodied citizens of the state except those exempted by law.
Nebraska Constitution Article I, Section 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.
Nevada Constitution Article 1, Section 11, [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 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.
New Hampshire Constitution Part First, Article 13
No person, who is conscientiously scrupulous about the lawfulness of bearing arms, shall be compelled thereto.
New Mexico Constitution Article II, Section 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. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms.
North Carolina Constitution Article I, Section 30
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.
North Dakota Constitution 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.
Ohio Constitution Article I, Section 4
The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power.
Ohio Constitution Article I, Section 1
All men are, by nature, 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 seeking and obtaining happiness and safety.
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.
Oregon Constitution Article I, Section 27
The people shall have the right to bear arms for the defence of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.]
Pennsylvania Constitution Article I, Section 21
The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.
Rhode Island Constitution Article I, Section 22
The right of the people to keep and bear arms shall not be infringed.
South Carolina Constitution Article I, Section 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 the manner prescribed by law.
South Dakota Constitution Article VI, Section 24
The right of the citizens to bear arms in defense of themselves and the state shall not be denied.
Tennessee Constitution Article I, Section 26
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.
Texas Constitution Article I, Section 23
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 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.
Vermont Constitution Chapter 1, Article 16
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.
Virginia Constitution Article I, Section 13
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 Constitution Article I, Section 24
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.
West Virginia Constitution Article III, Section 22
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 Constitution Article I, Section 25
The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.
Wyoming Constitution Article I, Section 24
The right of citizens to bear arms in defense of themselves and of the state shall not be denied.
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States Without Specific Constitutional Provisions:
Only six states fail to enumerate a Right to Keep and Bear Arms Clause. Of these states, Iowa and New Jersey have a general “defending life and liberty” clause for self-protection.
California: Nothing.
However, the California Constitution provides for “inalienable rights” including “defending life and liberty … and protecting property…” Article I, Section 1 reads:
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.
Furthermore, once the Second Amendment is properly defined as an individual right (hopefully in the Emerson Case), then Article III, Section 1 of the California Constitution would apply the Second Amendment to the State Laws of California. Article III, Section 1 reads:
The State of California is an inseparable part of the United States of America, and the United States Constitution is the supreme law of the land.
Iowa Constitution Article I, Section 1Iowa Constitution Article I, Section 1
All men 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.
Maryland: Nothing
Minnesota: Nothing
New Jersey Constitution Article I, [1.]
All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness.
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 also 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.
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