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*[[Wikipedia:Identifying and using self-published works]]
*[[Wikipedia:Identifying and using self-published works]]
*[[Wikipedia:Verifiability#Self-published_sources]]
*[[Wikipedia:Verifiability#Self-published_sources]]

== The Right to Keep and Bear Arms Daniel J. McKenna Volume 12 February 1928 https://scholarship.law.marquette.edu/mulr ==

'The author wishes to thank the editor of Adventure for permission to use
material contained in a letter from the author to that magazine and printed in
a section thereof devoted to such communications.
'For an interesting discussion of the historical aspects of the matter, see
"The Constitutional Right to Keep and Bear Arms," by L. A. Emerey, 28 H.L.R.
473. See also State v. Reid, 184o, I Ala. 612.
"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."
' U.S. v. Cruikshank, 1875, 92 U.S. 542, and many other cases.
'Alabama. Art. I, No. 28. "That every citizen has the right to bear arms
in defense of himself and the state."
Arizona, Art. II, Sec. 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. Art. II, No. 5. "The citizens of this State shall have the right
to keep and bear arms for their common defense."
California. The Constitution says nothing upon this matter.
Colorado. Art. II, No. i3. "That the right of no person 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 be called into question; but nothing herein
shall be construed to justify the practice of carrying concealed weapons."
Connecticut. Art. First, Sec. 17. "Every citizen has a right to bear arms
in defense of himself and the State."
Delaware. Nothing.
THE RIGHT TO KEEP AND BEAR ARMS
The first impression a reader obtains from a perusal of these sections is that the framers of each constitution tried to make their own
product as unlike the constitutions of all the other States as they could.
Florida. Declaration of Rights, Sec. 20. "The right of the people to bear
arms in defense of themselves and the lawful authority of the State shall not
be infringed, but the legislature may prescribe the manner in which they may
be borne."
Georgia. Art. I, Para. 22. "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."
Idaho. Art. I, Sec. ii. "The people shall have the right to bear arms for
their security and defense- but the Legislature shall regulate the exercise of
this right by law."
Illinois. Nothing.
Indiana. Art. I, No. 77. "The people shall have a right to bear arms for the
defense of themselves and the State
Iowa. Nothing.
Kansas. Bill of Rights, No. 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."
Kentucky. Bill of Rights, No. i. "All men are, by nature, free and equal,
and have certain inherent and inalienable rights, among which may be reckoned:
7. The right to bear arms in defense of themselves and the State
subject to the power of the general assembly to enact laws to prevent
persons from carrying concealed weapons."
Louisiana. "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 abridged. This
shall not prevent the passage of laws to punish those who carry concealed
weapons."
Maine. Art. I, sec. 16. "Every citizen has a right to keep and bear arms for
the common defense; and this right shall never be questioned."
Maryland. Nothing.
Massachusetts. Declaration of Rights, Art. 17. "The people have a right
to keep and bear arms for the common defense. 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. Art. II, sec. 5. "Every person has a right to bear arms for the
defefise of himself and the state."
Minnesota. Nothing.
Mississippi. Art. III, 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 into question but the legislature may regulate or forbid carrying concealed weapons."
Missouri. Art. II, sec. 17. "That the right of no 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 be called into question; but nothing herein
contained is intended to justify the practice of wearing concealed weapons."
Montana. Art. III, sec. 13. "The right of any person to keep or bear arms in
MARQUETTE LAW REVIEW
But further examination permits one to detect certain group similarities
and lines of cleavage.
defense of his own home, person and property or in aid of the civil power when
thereto lawfully summoned, shall not be called into question, but nothing
herein contained shall be held to permit the carrying of concealed weapons."
Nebraska. Nothing.
Nevada. Nothing.
New Hampshire. Nothing.
New Jersey. Nothing.
New Mexico. Art. II, sec. 6. "The people have the right to bear arms for
their security and defense but nothing herein shall be held to permit the carrying of concealed weapons."
New York. There is no constitutional provision. However, Art. 2, No. 4
of the Civil Rights Law (a statute) reads as follows: "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."
North Carolina. Art. I, sec. 24. "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 ought not to be kept up, and the military should be kept under
strict subordination to, and governed by, the civil power. Nothing herein contained shall justify the practice of carrying concealed weapons or prevent the
legislature from enacting penal statutes against said practice."
North Dakota. Nothing.
Ohio. Art. I, No. 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."
Oklahoma. Art. 2, sec. 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 lawfully summoned, shall never be prohibited; but nothing herein
contained shall prevent the Legislature from regulating the carrying of concealed weapons."
Oregon. Art. I, sec. 27. "The people shall have the right to bear arms
for the defense of themselves and the state, but the military shall be kept in
strict subordination to the civil power."
Pennsylvania. Art. I, sec. 21. "The right of the citizens to bear arms in
defense of themselves and the State shall not be questioned."
Rhode Island. Art. I, sec. 22. "The right of the people to keep and bear
arms shall not be infringed."
South Carolina. Art. I, sec. 28. "The people have a right to keep and bear
arms for the common defense. As in times of peace, armies are dangerous to
liberty, they ought not to be maintained without the consent of the General
Assembly. The military power ought always to be held in an exact subordination to the civil authority and be governed by it."
South Dakota. Art. VI, sec. 24. "The right of citizezns to bear arms in defense of themselves and the state shall not be denied."
Tennessee. Art. I, sec. 26. "That the citizens of this state have a right to
keep and bear arms for their common defense; but the legislature shall have
the power, by law, to regulate the wearing of arms with a view to prevent crime."
Texas. Art. I, sec. 23. "Every citizen shall have the right to keep and bear
THE RIGHT TO KEEP AND BEAR ARMS
To begin with, fifteen constitutions are quite silent upon the matter
of keeping or bearing arms.6
Sixteen (including that of the United States) refer to the right as
existing in "the People."'7
Two say that it rests in "Individual Citizens." 8
Five use the single word "Citizens." 9
Eleven use the word "Citizen" or "Person" with an individual connotation, apparently intending that the individual may bear arms in
his own private defense.'0
Two do not specify the purpose for which arms may be borne."
Five say that the purpose is for the "Common Defense."12
Five more say that one of the purposes is "In Aid of the Civil
Power.""3
Another five say that it is for the people's "Defense and Security."'
"
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. Art. I, sec. 6. "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. Chap. I, art. 16. "That the people have a right to bear arms for
the defense 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. Nothing.
Washington. Art. I, sec. 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. Nothing.
Wisconsin. Nothing.
Wyoming. Art. I, sec. 24. "The right of citizens to bear arms in defense
of themselves and of the state shall not be denied."
'California, Delaware, Illinois, Iowa, Maryland, Minnesota, Nebraska, Nevada,
New Hampshire, New Jersey, New York, North Dakota, Virginia, West Virginia and Wisconsin.
' United States, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Massachusetts, New Mexico, North Carolina, Ohio, Oregon, Rhode Island, South Carolina, Utah and Vermont.
'Arizona and Washington.
'Arkansas, Pennsylvania, South Dakota, Tennessee and Wyoming.
"Alabanka, Arizona, Colorado, Connecticut, Michigan, Mississippi, Missouri,
Montana, Oklahoma, Texas and Washington.
"Georgia and Rhode Island.
'Arkansas, Maine, Massachusetts, South Carolina and Tennessee.
"Colorado, Mississippi, Missouri, Montana and Oklahoma.
U Idaho, Kansas, New Mexico, Ohio and Utah.
MARQUETTE LAW REVIEW
Eight say that the right is to bear arms in defense of "Themselves
(i.e., the people or citizens, using the plural or the collective noun)
and/or the State." 15
Nine constitutions directly or indirectly discuss the matter of an
army or militia in the clause in which they discuss the right to keep
and bear arms, thus showing that they considered the matters to be
related.1 6 (Those which do not mention both subjects in the same
clause contain elsewhere similar references to armies or militia.)
Nine expressly except concealed weapons from the constitutional
protection.17
Six authorize the

Revision as of 01:57, 8 January 2020

The question you ask here and raise again on other pages What's the rule on interpreting primary sources? Wikipedia:Identifying and using primary sources


"Secondary" is not, and should not be, a bit of jargon used by Wikipedians to mean "good" or "reliable" or "usable". Secondary does not mean that the source is independent, authoritative, high-quality, accurate, fact-checked, expert-approved, subject to editorial control, or published by a reputable publisher. Secondary sources can be unreliable, biased, self-serving and self-published.

According to our content guideline on identifying reliable sources, a reliable source has the following characteristics:

  • It has a reputation for fact-checking and accuracy.
  • It is published by a reputable publishing house, rather than by the author(s).
  • It is "appropriate for the material in question", i.e., the source is directly about the subject, rather than mentioning something unrelated in passing.
  • It is a third-party or independent source, with no significant financial or other conflict of interest.
  • It has a professional structure in place for deciding whether to publish something, such as editorial oversight or peer review processes.

A primary source can have all of these qualities, and a secondary source may have none of them. Deciding whether primary, secondary or tertiary sources are appropriate on any given occasion is a matter of good editorial judgment and common sense, not merely mindless, knee-jerk reactions to classification of a source as "primary" or "secondary".

"Primary" does not mean "bad"

"Primary" is not, and should not be, a bit of jargon used by Wikipedians to mean "bad" or "unreliable" or "unusable". While some primary sources are not fully independent, they can be authoritative, high-quality, accurate, fact-checked, expert-approved, subject to editorial control and published by a reputable publisher.

Primary sources can be reliable, and they can be used. Sometimes, a primary source is even the best possible source, such as when you are supporting a direct quotation. In such cases, the original document is the best source because the original document will be free of any errors or misquotations introduced by subsequent sources.

However, there are limitations in what primary sources can be used for.

The Right to Keep and Bear Arms Daniel J. McKenna Volume 12 February 1928 https://scholarship.law.marquette.edu/mulr

'The author wishes to thank the editor of Adventure for permission to use material contained in a letter from the author to that magazine and printed in a section thereof devoted to such communications. 'For an interesting discussion of the historical aspects of the matter, see "The Constitutional Right to Keep and Bear Arms," by L. A. Emerey, 28 H.L.R. 473. See also State v. Reid, 184o, I Ala. 612. "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." ' U.S. v. Cruikshank, 1875, 92 U.S. 542, and many other cases. 'Alabama. Art. I, No. 28. "That every citizen has the right to bear arms in defense of himself and the state." Arizona, Art. II, Sec. 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. Art. II, No. 5. "The citizens of this State shall have the right to keep and bear arms for their common defense." California. The Constitution says nothing upon this matter. Colorado. Art. II, No. i3. "That the right of no person 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 be called into question; but nothing herein shall be construed to justify the practice of carrying concealed weapons." Connecticut. Art. First, Sec. 17. "Every citizen has a right to bear arms in defense of himself and the State." Delaware. Nothing. THE RIGHT TO KEEP AND BEAR ARMS The first impression a reader obtains from a perusal of these sections is that the framers of each constitution tried to make their own product as unlike the constitutions of all the other States as they could. Florida. Declaration of Rights, Sec. 20. "The right of the people to bear arms in defense of themselves and the lawful authority of the State shall not be infringed, but the legislature may prescribe the manner in which they may be borne." Georgia. Art. I, Para. 22. "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." Idaho. Art. I, Sec. ii. "The people shall have the right to bear arms for their security and defense- but the Legislature shall regulate the exercise of this right by law." Illinois. Nothing. Indiana. Art. I, No. 77. "The people shall have a right to bear arms for the defense of themselves and the State Iowa. Nothing. Kansas. Bill of Rights, No. 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." Kentucky. Bill of Rights, No. i. "All men are, by nature, free and equal, and have certain inherent and inalienable rights, among which may be reckoned: 7. The right to bear arms in defense of themselves and the State subject to the power of the general assembly to enact laws to prevent persons from carrying concealed weapons." Louisiana. "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 abridged. This shall not prevent the passage of laws to punish those who carry concealed weapons." Maine. Art. I, sec. 16. "Every citizen has a right to keep and bear arms for the common defense; and this right shall never be questioned." Maryland. Nothing. Massachusetts. Declaration of Rights, Art. 17. "The people have a right to keep and bear arms for the common defense. 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. Art. II, sec. 5. "Every person has a right to bear arms for the defefise of himself and the state." Minnesota. Nothing. Mississippi. Art. III, 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 into question but the legislature may regulate or forbid carrying concealed weapons." Missouri. Art. II, sec. 17. "That the right of no 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 be called into question; but nothing herein contained is intended to justify the practice of wearing concealed weapons." Montana. Art. III, sec. 13. "The right of any person to keep or bear arms in MARQUETTE LAW REVIEW But further examination permits one to detect certain group similarities and lines of cleavage. defense of his own home, person and property or in aid of the civil power when thereto lawfully summoned, shall not be called into question, but nothing herein contained shall be held to permit the carrying of concealed weapons." Nebraska. Nothing. Nevada. Nothing. New Hampshire. Nothing. New Jersey. Nothing. New Mexico. Art. II, sec. 6. "The people have the right to bear arms for their security and defense but nothing herein shall be held to permit the carrying of concealed weapons." New York. There is no constitutional provision. However, Art. 2, No. 4 of the Civil Rights Law (a statute) reads as follows: "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." North Carolina. Art. I, sec. 24. "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 ought not to be kept up, and the military should be kept under strict subordination to, and governed by, the civil power. Nothing herein contained shall justify the practice of carrying concealed weapons or prevent the legislature from enacting penal statutes against said practice." North Dakota. Nothing. Ohio. Art. I, No. 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." Oklahoma. Art. 2, sec. 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 lawfully summoned, shall never be prohibited; but nothing herein contained shall prevent the Legislature from regulating the carrying of concealed weapons." Oregon. Art. I, sec. 27. "The people shall have the right to bear arms for the defense of themselves and the state, but the military shall be kept in strict subordination to the civil power." Pennsylvania. Art. I, sec. 21. "The right of the citizens to bear arms in defense of themselves and the State shall not be questioned." Rhode Island. Art. I, sec. 22. "The right of the people to keep and bear arms shall not be infringed." South Carolina. Art. I, sec. 28. "The people have a right to keep and bear arms for the common defense. As in times of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the General Assembly. The military power ought always to be held in an exact subordination to the civil authority and be governed by it." South Dakota. Art. VI, sec. 24. "The right of citizezns to bear arms in defense of themselves and the state shall not be denied." Tennessee. Art. I, sec. 26. "That the citizens of this state have a right to keep and bear arms for their common defense; but the legislature shall have the power, by law, to regulate the wearing of arms with a view to prevent crime." Texas. Art. I, sec. 23. "Every citizen shall have the right to keep and bear THE RIGHT TO KEEP AND BEAR ARMS To begin with, fifteen constitutions are quite silent upon the matter of keeping or bearing arms.6 Sixteen (including that of the United States) refer to the right as existing in "the People."'7 Two say that it rests in "Individual Citizens." 8 Five use the single word "Citizens." 9 Eleven use the word "Citizen" or "Person" with an individual connotation, apparently intending that the individual may bear arms in his own private defense.'0 Two do not specify the purpose for which arms may be borne." Five say that the purpose is for the "Common Defense."12 Five more say that one of the purposes is "In Aid of the Civil Power.""3 Another five say that it is for the people's "Defense and Security."' " 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. Art. I, sec. 6. "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. Chap. I, art. 16. "That the people have a right to bear arms for the defense 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. Nothing. Washington. Art. I, sec. 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. Nothing. Wisconsin. Nothing. Wyoming. Art. I, sec. 24. "The right of citizens to bear arms in defense of themselves and of the state shall not be denied." 'California, Delaware, Illinois, Iowa, Maryland, Minnesota, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Dakota, Virginia, West Virginia and Wisconsin. ' United States, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Massachusetts, New Mexico, North Carolina, Ohio, Oregon, Rhode Island, South Carolina, Utah and Vermont. 'Arizona and Washington. 'Arkansas, Pennsylvania, South Dakota, Tennessee and Wyoming. "Alabanka, Arizona, Colorado, Connecticut, Michigan, Mississippi, Missouri, Montana, Oklahoma, Texas and Washington. "Georgia and Rhode Island. 'Arkansas, Maine, Massachusetts, South Carolina and Tennessee. "Colorado, Mississippi, Missouri, Montana and Oklahoma. U Idaho, Kansas, New Mexico, Ohio and Utah. MARQUETTE LAW REVIEW Eight say that the right is to bear arms in defense of "Themselves (i.e., the people or citizens, using the plural or the collective noun) and/or the State." 15 Nine constitutions directly or indirectly discuss the matter of an army or militia in the clause in which they discuss the right to keep and bear arms, thus showing that they considered the matters to be related.1 6 (Those which do not mention both subjects in the same clause contain elsewhere similar references to armies or militia.) Nine expressly except concealed weapons from the constitutional protection.17 Six authorize the