User talk:J8079s/sandbox

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.

• Wikipedia:Identifying and using primary sources
• Wikipedia:Identifying and using self-published works
• 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

Volokh, UCLA Law School

State Constitutional Right to Keep and Bear Arms Provisions Prof. Eugene Volokh, UCLA Law School *

Now available in published form at State Constitutional Rights to Keep and Bear Arms, 11 Texas Rev. of Law & Politics 191 (2006).

[After each provision, I indicate whether it now protects an individual right aimed at least partly as self-defense, which I abbreviate as “self-defense right”; the shorthand “self-defense right explicitly protected” refers to provisions that specifically say “in defense of himself” or some such. I generally cite only one case, simply for the sake of being terse, unless there's some uncertainty in the caselaw.]

Alabama: That every citizen has a right to bear arms in defense of himself and the state. Art. I, § 26 (enacted 1819, art. I, § 23, with "defence" in place of "defense," spelling changed 1901).

[Self-defense right explicitly protected.]

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. The individual right to keep and bear arms shall not be denied or infringed by the State or a political subdivision of the State. Art. I, § 19 (first sentence enacted 1959, second sentence added 1994).

[Individual right explicitly protected; provision enacted in 1994, when the individual right to bear arms was generally understood as aimed at protecting self-defense.]

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 (enacted 1912).

[Self-defense right explicitly protected.]

Arkansas: The citizens of this State shall have the right to keep and bear arms for their common defense. Art. II, § 5 (enacted 1868, art. I, § 5).

  1836: "That the free white men of this State shall have a right to keep and to bear arms for their common defence." Art. II, § 21.

[Self-defense right protected, Arkansas Game and Fish Com'n v. Murders, 327 Ark. 426 (1997); Wilson v. State, 33 Ark. 557 (1878).]

California: No provision.

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 (enacted 1876, art. II, § 13).

[Self-defense right explicitly protected.]

Connecticut: Every citizen has a right to bear arms in defense of himself and the state. Art. I, § 15 (enacted 1818, art. I, § 17). The original 1818 text came from the Mississippi Constitution of 1817.

[Self-defense right explicitly protected.]

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 (enacted 1987).

[Self-defense right explicitly protected.]

Florida: (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. Art. I, § 8 (sections (b)-(d) added in 1990).
  1838: "That the free white men of this State shall have a right to keep and to bear arms for their common defence." Art. I, § 21.
  1865: Clause omitted.
  1868: "The people shall have the right to bear arms in defence of themselves and of the lawful authority of the State." Art. I, § 22.
  1885: "The right of the people to bear arms in defence 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." Art. I, § 20.
  1968: "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.

[Self-defense right protected, Alexander v. State, 450 So.2d 1212 (Fla. App. 1984).]

Georgia: 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. Art. I, § 1, ¶ VIII (enacted 1877, art. I, § XXII).

  1865: "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, § 4.
  1868: "A well-regulated militia being necessary to the security of a free people, the right of the people to keep and bear arms shall not be infringed; but the general assembly shall have power to prescribe by law the manner in which arms may be borne." Art. I, § 14.

[Self-defense right protected, McCoy v. State, 157 Ga. 767 (1924).]

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, § 17 (enacted 1959).

[No decision about whether self-defense right right is protected.]

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 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. Art. I, § 11 (enacted 1978).

  1889: "The people have the right to bear arms for their security and defense; but the Legislature shall regulate the exercise of this right by law." Art. I, § 11.

[Self-defense right protected, In re Brickey, 70 P. 609 (Idaho 1902).]

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 (enacted 1970).

[Self-defense right protected, Kalodimos v. Village of Morton Grove, 470 N.E.2d 266, 273 (Ill. 1984).]

Indiana: The people shall have a right to bear arms, for the defense of themselves and the State. Art. I, § 32 (enacted 1851, art. I, § 32).

  1816: That the people have a right to bear arms for the defense of themselves and the State, and that the military shall be kept in strict subordination to the civil power. Art. I, § 20.

[Self-defense right protected, Kellogg v. City of Gary, 562 N.E.2d 685, 694 (Ind. 1990).]

Iowa: No provision.

Kansas: 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. Bill of Rights, § 4 (enacted 2010).

  1859: 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 (enacted 1859, art. I, § 4).

[Self-defense right explicitly protected.] 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. § 1 (enacted 1891).
  1792: "That the right of the citizens to bear arms in defense of themselves and the State shall not be questioned." Art. XII, § 23.
  1799: "That the rights of the citizens to bear arms in defense of themselves and the State shall not be questioned." Art. X, § 23.
  1850: "That the rights of the citizens to bear arms in defense of themselves and the State shall not be questioned; but the General Assembly may pass laws to prevent persons from carrying concealed arms." Art. XIII, § 25.

Louisiana: The right of each citizen to keep and bear arms is fundamental and shall not be infringed. Any restriction on this right shall be subject to strict scrutiny. Art. I, § 11 (enacted 2012).

  1879: "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 weapons concealed." Art. 3.
  1974: 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.

[Self-defense right protected, State v. Chaisson, 457 So.2d 1257, 1259 (La. App. 1984).]

Maine: Every citizen has a right to keep and bear arms and this right shall never be questioned. Art. I, § 16 (enacted 1987, after a collective-rights interpretation of the original provision).

  1819: "Every citizen has a right to keep and bear arms for the common defence; and this right shall never be questioned." Art. I, § 16.

[Self-defense right protected, State v. Brown, 571 A.2d 816 (Me. 1990).]

Maryland: No provision.

Massachusetts: 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. Pt. 1, art. 17 (enacted 1780).

[Interpreted as collective right only, Commonwealth v. Davis, 343 N.E.2d 847 (Mass. 1976).]

Michigan: Every person has a right to keep and bear arms for the defense of himself and the state. Art. I, § 6 (enacted 1963).

  1835: "Every person has a right to bear arms for the defence of himself and the State." Art. I, § 13.
  1850: "Every person has a right to bear arms for the defense of himself and the state." Art. XVIII, § 7.

[Self-defense right explicitly protected.]

Minnesota: No provision.

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 (enacted 1890, art. 3, § 12).

  1817: "Every citizen has a right to bear arms, in defence of himself and the State." Art. I, § 23.
  1832: "Every citizen has a right to bear arms in defence of himself and of the State." Art. I, § 23.
  1868: "All persons shall have a right to keep and bear arms for their defence." Art. I, § 15.

[Self-defense right explicitly protected.]

Missouri: That the right of every citizen to keep and bear arms, ammunition, and accessories typical to the normal function of such arms, in defense of his home, person, family and property, or when lawfully summoned in aid of the civil power, shall not be questioned. The rights guaranteed by this section shall be unalienable. Any restriction on these rights shall be subject to strict scrutiny and the state of Missouri shall be obligated to uphold these rights and shall under no circumstances decline to protect against their infringement. Nothing in this section shall be construed to prevent the general assembly from enacting general laws which limit the rights of convicted violent felons or those adjudicated by a court to be a danger to self or others as result of a mental disorder or mental infirmity. Art. I, § 23 (amended 2014).

  1820: "That the people have the right peaceably to assemble for their common good, and to apply to those vested with the powers of government for redress of grievances by petition or remonstrance; and that their right to bear arms in defence of themselves and of the State cannot be questioned." Art. XIII, § 3.
  1865: Same as above, but with "the lawful authority of the State" instead of "the State." Art. I, § 8.
  1875: "That the right of no citizen 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 into question; but nothing herein contained is intended to justify the practice of wearing concealed weapons." Art. II, § 17.
  1945: “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 (enacted 1945).

[Self-defense right explicitly protected.]

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 (enacted 1889).

[Self-defense right explicitly protected.]

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 (right to keep and bear arms enacted 1988).

[Self-defense right explicitly protected.]

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) (enacted 1982).

[Self-defense right explicitly protected.]

New Hampshire: All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state. Pt. 1, art. 2-a (enacted 1982).

[Self-defense right explicitly protected.]

New Jersey: No provision.

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 (first sentence enacted in 1971, second sentence added 1986).

  1912: "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." Art. II, § 6.

[Self-defense right explicitly protected.]

New York: No provision.

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. 1, § 30 (enacted 1971).

  1776: "That the people have a right to bear arms, for the defence of 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." Bill of Rights, § XVII.
  1868: "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." Art. I, § 24.
  1875: Same as 1868, but added "Nothing herein contained shall justify the practice of carrying concealed weapons, or prevent the Legislature from enacting penal statutes against said practice."

[Self-defense right protected, State v. Kerner. 107 S.E. 222, 225 (N.C. 1921).]

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 (right to keep and bear arms enacted 1984).

[Self-defense right explicitly protected.]

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 (enacted 1851).

  1802: "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 shall not be kept up, and that the military shall be kept under strict subordination to the civil power." Art. VIII, § 20.

[Self-defense right protected, Arnold v. Cleveland, 616 N.E.2d 163, 169 (Ohio 1993).]

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 (enacted 1907).

[Self-defense right explicitly protected.]

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 (enacted 1857, art. I, § 28).

[Self-defense right protected, State v. Hirsch, 114 P.3d 1104, 1110 (Ore. 2005).]

Pennsylvania: The right of the citizens to bear arms in defence of themselves and the State shall not be questioned. Art. 1, § 21 (enacted 1790, art. IX, § 21).

  1776: 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. Declaration of Rights, cl. XIII.

[Self-defense right protected, Sayres v. Commonwealth, 88 Pa. 291 (1879).]

Rhode Island: The right of the people to keep and bear arms shall not be infringed. Art. I, § 22 (enacted 1842).

[Self-defense right protected, Mosby v. Devine, 851 A.2d 1031, 1043 (R.I. 2004).]

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. Art. 1, § 20 (enacted 1895).

  1868: "The people have a right to keep and bear arms for the common defence. As, in times of peace . . . ." Art. I, § 28.

[Right treated as an individual right, apparently aimed at least partly at self-defense, State v. Johnson, 16 S.C. 187 (1881);

South Dakota: The right of the citizens to bear arms in defense of themselves and the state shall not be denied. Art. VI, § 24 (enacted 1889).

[Self-defense right protected, Conaty v. Solem, 422 N.W.2d 102, 104 (S.D. 1988).]

Tennessee: 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. Art. I, § 26 (enacted 1870).

  1796: "That the freemen of this State have a right to keep and to bear arms for their common defence." Art. XI, § 26.
  1834: "That the free white men of this State have a right to keep and to bear arms for their common defence." Art. I, § 26.

[Self-defense right protected, State v. Foutch, 34 S.W. 1, 1 (Tenn. 1896).]

Texas: 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. Art. I, § 23 (enacted 1876).

  1836: "Every citizen shall have the right to bear arms in defence of himself and the republic. The military shall at all times and in all cases be subordinate to the civil power." Declaration of Rights, cl. 14.
  1845: "Every citizen shall have the right to keep and bear arms in lawful defence of himself or the State." Art. I, § 13.
  1868: "Every person shall have the right to keep and bear arms in the lawful defence of himself or the State, under such regulations as the legislature may prescribe." Art. I, § 13.

[Self-defense right explicitly protected.]

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 (enacted 1984).

  1896: "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."

[Self-defense right explicitly protected.]

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. Ch. I, art. 16 (enacted 1777, ch. I, art. 15).

[Self-defense right protected, State v. Rosenthal, 55 A. 610 (Vt. 1903).]

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 (enacted 1776 without explicit right to keep and bear arms; "therefore, the right to keep and bear arms shall not be infringed" added in 1971).

[No decision about whether self-defense right right is protected. Compare 1993 Va. Op. Atty. Gen. 13 (construing the right as collective) with 2006 WL 304006 (Va. Op. Atty. Gen.) (construing the right as individual).]

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 (enacted 1889).

[Self-defense right explicitly protected.]

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. III, § 22 (enacted 1986).

[Self-defense right explicitly protected.]

Wisconsin: The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose. Art. I, § 25 (enacted 1998).

[Self-defense right protected, State v. Fisher, 714 N.W.2d 495 (Wisc. 2006).]

Wyoming: The right of citizens to bear arms in defense of themselves and of the state shall not be denied. Art. I, § 24 (enacted 1889).

[Self-defense right protected, State v. McAdams, 714 P.2d 1236, 1238 (Wyo. 1986).]

1982 Oklahoma City University Law Review, Summer, Vol. 7:2, 177-241. For educational use only. The printed edition remains canonical. For citational [[1]]

STATE CONSTITUTIONAL PROVISIONS ON THE RIGHT TO KEEP AND BEAR ARMS Thirty-nine (39) states have constitutional provisions on the right to keep and bear arms. Alabama: "That every citizen has a right to bear arms in defense of himself and the state." Ala. Const. 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." Alaska Const. 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." Ariz. Const. art. II, § 26. Arkansas: "The citizens of this State shall have the right to keep and bear arms for their common defense." Ark. Const. 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." Colo. Const. art. II, § 13. Connecticut: "Every citizen has a right to bear arms in defense of himself and the state." Conn. Const. art. I, § 15. 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." Fla. Const. art. I, § 8. 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." Ga. Const. art. I, § 1, para. 5. 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." Hawaii Const. 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 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." Idaho Const. 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." Ill. Const. art. I, § 22. Indiana: "The people shall have a right to bear arms, for the defense of themselves and the State." Ind. Const. 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." Kan. Const., 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." Ky. Const. § I, 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." La. Const. art. I, § 11. Maine: "Every citizen has a right to keep and bear arms for the common defense; and this right shall never be questioned." Me. Const. art. I, § 16. Massachusetts: "The people have a right to keep and bear arms for the common defense. And as, in times 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." Mass. Const. pt. I, art. XVII. Michigan: "Every person has a right to keep or bear arms for the defense of himself and the State." Mich. Const. 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 where thereto legally summoned, shall not be called in question, but the legislature may regulate or forbid carrying concealed weapons." Miss. Const. 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." Mo. Const. 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." Mont. Const. art. II, § 12. 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." Nev. Const. 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." N.H. Const. pt. I, art. 2a. 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." N.M. Const. art. II, § 6. North Carolina: "A well regulated militia being necessary to be 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." N.C. Const. art. I, § 30. 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." Ohio Const. 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." Okla. Const. 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." Or. Const. art. I, § 27. Pennsylvania: "The right of the citizens to bear arms in defence of themselves and the State shall not be questioned." Pa. Const. art. I, § 21. Rhode Island: "The right of the people to keep and bear arms shall not be infringed." R.I. Const. 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." S.C. Const. art. I, § 20. South Dakota: "The right of the citizens to bear arms in defense of themselves and the state shall not be denied." S.D. Const. 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." Tenn. Const. art. I, § 26. Texas: "Every citizen shall have the right to keep and bear arms in the lawful defence 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." Tex. Const. art. I, § 23. Utah: "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." Utah Const. art. I, § 6. Utah voters in the 1984 elections will decide whether to amend Art. I § 6 to read as follows: The individual right of the people to keep and bear arms for defense of themselves, their families, their property, and the state, and for lawful hunting, recreational use and all other lawful purposes, shall not be infringed; but this provision shall not prevent passage of laws to govern the carrying of concealed weapons; nor prevent legislation providing penalties for the possession of firearms by convicted felons, minors, mental incompetents or illegal aliens; nor shall any law permit the confiscation of firearms, except those used in the commission of a felony. 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." Vt. Const. Ch. 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." Va. Const. art. I, § 13. 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." Wash. Const. art. I, § 24. Wyoming: "The right of citizens to bear arms in defense of themselves and of the state shall not be denied." Wyo. Const. art. I, § 24. STATES WITHOUT CONSTITUTIONAL PROVISIONS: Eleven (11) states do not have a constitutional provision on arms: California, Delaware, Iowa, Maryland, Minnesota, Nebraska, New Jersey, New York, North Dakota, West Virginia, and Wisconsin

fascists and GC

In 1941, less than two months before Pearl Harbor, Congress enacted legislation to authorize the President to requisition broad categories of property with military uses from the private sector on payment of fair compensation. Known as the Property Requisition Act, the legislation included the following provisionto reaffirm and protect Second Amendment rights: Nothing contained in this Act shall be construed-- (1) to authorize the requisitioning or require the registration of any firearms possessed by any individual for his personal protection or sport (and the possession of which is not prohibited or the registration of which is not required by existing law), [or] (2) to impair or infringe in any manner the right of any individual to keep and bear arms . . . .32 The reason for the above was explained by the House Committee on Military Affairs as follows: It is not contemplated or even inferred that the President, or any executive board, agency, or officer, would trespass upon the right of the people in this respect. There appears to be no occasion for the requisition of firearms owned and maintained by the people for sport and recreation, nor is there any desire or intention on the part of the Congress or the President to impair or infringe the right of the people under section 2 of the Constitution of the United States, which reads, in part as follows: "the right of the people to keep and bear arms shall not be infringed." However, in view of the fact that certain totalitarian and dictatorial nations are now engaged in the willful and wholesale destruction of personal rights and liberties, our committee deem it appropriate for the Congress to expressly state that the proposed legislation shall not be construed to impair or infringe the constitutional right of the people to bear arms. In so doing, it will be manifest that, although the Congress deems it expedient to grant certain extraordinary powers to the Executive in furtherance of the common defense during critical times, there is no disposition on the part of this Government to depart from the concepts and principles of personal rights and liberties expressed in our Constitution.

fopa

PUBLIC LAW 99-308—MAY 19, 1986 100 STAT. 449 Public Law 99-308 99th Congress An Act May 19, 1986 [S. 49] Firearms Owners' Protection Act. 18 us e 921 note. To amend chapter 44 (relating to firearms) of title 18, United States Code, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE AND CONGRESSIONAL FINDINGS. (a) SHORT TITLE.—This Act may be cited as the "Firearms Owners' Protection Act". (b) CONGRESSIONAL FINDINGS.—The Congress finds that— (1) the rights of citizens— (A) to keep and bear arms under the second amendment to the United States Constitution; (B) to security against illegal and unreasonable searches and seizures under the fourth amendment; (C) against uncompensated taking of property, double jeopardy, and assurance of due process of law under the fifth amendment; and (D) against unconstitutional exercise of authority under the ninth and tenth amendments; require additional legislation to correct existing firearms statutes and enforcement policies; and (2) additional legislation is required to reaffirm the intent of the Congress, as expressed in section 101 of the Gun Control Act of 1968, that "it is not the purpose of this title to place any 18 USC 921 note. undue or unnecessary Federal restrictions or burdens on lawabiding citizens with respect to the acquisition, possession, or use of firearms appropriate to the purpose of hunting, trapshooting, target shooting, personal protection, or any other lawful activity, and that this title is not intended to discourage or eliminate the private ownership or use of firearms by lawabiding citizens for lawful purposes.". SEC. 101. AMENDMENTS TO SECTION 921. Section 921 of title 18, United States Code, is amended— (1) in subsection (a)(10), by striking out "manufacture o f and inserting in lieu thereof "business of manufacturing"; (2) in subsection (a)(ll)(A), by striking out "or ammunition"; (3) in subsection (a)(12), by striking out "or ammunition"; (4) in subsection (a)(13), by striking out "or ammunition"; (5) by amending paragraph (20) of subsection (a) to read as follows: "(20) The term 'crime punishable by imprisonment for a term exceeding one year' does not include— "(A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business