[117268] in Cypherpunks
2nd & the states.
daemon@ATHENA.MIT.EDU (Sunder)
Mon Aug 30 17:29:18 1999
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Date: Mon, 30 Aug 1999 17:06:17 -0400
From: Sunder <sunder@brainlink.com>
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Reply-To: Sunder <sunder@brainlink.com>
And here is what the states say about this:
(Notice the rights given to people, not to militias, armies, etc.)
From: http://www.nraila.org/research/19990729-BillofRightsCivilRights-007.html
(Emphasis mine)
Amazing that so many have taken it clearly that the rights of the 2nd are
given to a militia or an army when most of the states clearly make the
distinctions:
Alabama :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. (Art. I, § 26)
Alaska : 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. (Art. I, § 19)
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)
Arkansas : The CITIZENS of this State shall have the right to keep and bear
arms for their common defense. (Art. II, § 5)
Colorado : 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)
Connecticut : Every CITIZEN has a right to bear arms in defense of himself
and the state. (Art. I, § 15)
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)
Florida : 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.
(Art. I, § 8, [a])
Georgia : The right of the PEOPLE to keep and bear arms shall not be
infringed, but the General Assembly shall have the power to
prescribe the manner in which arms may be borne. (1982 Constitution, Art. I,
§ 1, para. 8)
Hawaii : 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. (Art. I, § 15)
Idaho : 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)
Illinois : Subject only to the police power, the right of the INDIVIDUAL
CITIZEN to keep and bear arms shall not be infringed. (Art. I, § 22)
Indiana : The PEOPLE shall have a right to bear arms, for the defense of
themselves and the State. (Art. I, § 32)
Kansas :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. (Bill of Rights, § 4)
Kentucky : 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. (Bill of Rights, § 1, para.
7)
Louisiana : 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. (Art. I, §
11)
Maine : Every PERSON has a right to keep and bear arms and this right shall
never be questioned. (Art. I, § 16)
Massachusetts : The PEOPLE have a right to keep and 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.
(Part I, Art. XVII)
Michigan : Every PERSON has a right to keep or bear arms for the defense of
himself and the State. (Art. I, § 6)
Mississippi : 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.
(Art. III, § 12)
Missouri : 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. (Art. I, § 23)
Montana : 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. (Art. II, § 12) "Militia forces shall consist of all
able-bodied citizens of the state except those excepted by law."
(Art. VI, § 14)
Nebraska : 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. (Art. I, § 1)
Nevada : 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. (Art. I, § 11, [1])
New Hampshire : All PERSONS have the right to keep and bear arms in defense
of themselves, their families, their property and the state.
(Part I, Art. 2a) No person, who is conscientiously scrupulous about the
lawfulness of bearing arms, shall be compelled thereto. (Part
I, Art. 13)
New Mexico : 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. (Art. II, § 6)
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. (Art. I, § 30)
North Dakota : 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. (Art.
I, § 1)
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)
Oklahoma : 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. (Art. II, § 26)
Oregon : 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. (Art. I, § 27)
^^^^^^^^^^^^^^^^^^^ Interesting distinction here, just what you asked for^^^
Pennsylvania : The right of the CITIZENS to bear arms in defence of
themselves and the State shall not be questioned. (Art. I, § 21)
Rhode Island : The right of the people to keep and bear arms shall not be
infringed. (Art. I, § 22)
South 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. 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. (Art. I, § 20)
South Dakota : The right of the CITIZENS to bear arms in defense of
themselves and the state shall not be denied. (Art. VI, §24)
Tennessee : That the CITIZENS of this State have a right to keep and 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.
(Art. I, § 26)
Texas : Every CITIZEN shall have the right to keep and bear arms in 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.
(Art. I, § 23 ) Note: The Texas Declaration of
Independence stated that "[The Mexican government] has demanded us to deliver
up our arms, which are essential to our defense -- the
rightful property of freemen -- and formidable only to tyrannical
governments."
Utah : 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. (Art. I, § 6)
Vermont : 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. (Chapter I, Art. 16)
Virginia : 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. (Art. I, § 13)
** See, Virginia being part of the original 13, does make the distinction
between people, armies, and militias. They aren't the same, and yet, it gives
the right to THE PEOPLE, not the Militia, not the Armies, not the Military.
Washington : 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. I, §
24)
West Virginia : 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. (Art. 3, § 22)
Wisconsin : The PEOPLE have the right to keep and bear arms for security,
defense, hunting, recreation, or any other lawful purpose. (Art.
1, § 25) Note: This provision was approved by Wisconsin voters in Nov. 1998
by a 3:1 margin.
Wyoming : The right of the CITIZENS to bear arms in defense of themselves and
of the state shall not be denied. (Art. I, § 24)
Notes:
California, Iowa, Maryland, Minnesota, New Jersey, and New York do not have
"right to keep and bear arms" amendments in their state
constitutions.
Iowa's constitution (Art. I, § 1) states : 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.
New Jersey's (Art. I, § 1) states : 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.
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