Tuesday, December 18, 2012

The RIGHT to bear arms.

A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun therefore be your constant companion of your walks.
--- Thomas Jefferson to Peter Carr, 1785. The Writings of Thomas Jefferson, (Memorial Edition) Lipscomb and Bergh, editors.
One loves to possess arms, though they hope never to have occasion for them.
--- Thomas Jefferson to George Washington, 1796. The Writings of Thomas Jefferson, (Memorial Edition) Lipscomb and Bergh, editors.
We established however some, although not all its [self-government] important principles . The constitutions of most of our States assert, that all power is inherent in the people; that they may exercise it by themselves, in all cases to which they think themselves competent, (as in electing their functionaries executive and legislative, and deciding by a jury of themselves, in all judiciary cases in which any fact is involved,) or they may act by representatives, freely and equally chosen; that it is their right and duty to be at all times armed;
---Thomas Jefferson to John Cartwright, 1824. Memorial Edition 16:45, Lipscomb and Bergh, editors.
No freeman shall ever be debarred the use of arms.
---Thomas Jefferson: Draft Virginia Constitution, 1776.

They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.
---Benjamin Franklin, Historical Review of Pennsylvania, 1759 
Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops that can be, on any pretence, raised in the United States. A military force, at the command of Congress, can execute no laws, but such as the people perceive to be just and constitutional; for they will possess the power, and jealousy will instantly inspire the inclination, to resist the execution of a law which appears to them unjust and oppressive. ---Noah Webster, An Examination of the Leading Principles of the Federal Constitution (Philadelphia 1787).
The Declaration Of Independence
Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

Supreme Court Rulings
In 2008 and 2010, the Supreme Court issued two landmark decisions concerning the Second Amendment. In District of Columbia v. Heller, 554 U.S. 570 (2008), the Court ruled that the Second Amendment protects an individual's right to possess a firearm, unconnected to service in a militia and to use that arm for traditionally lawful purposes, such as self-defense within the home. In McDonald v. Chicago, 561 U.S. 3025 (2010), the Court ruled that the Second Amendment limits state and local governments to the same extent that it limits the federal government.(http://en.wikipedia.org/wiki/Second_Amendment_to_the_United_States_Constitution)

The Constitution of the United States
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 Arkansas Constitution
The citizens of this State shall have the right to keep and bear arms, for their common defense.

The Alaska Constitution
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.

The Arizona Constitution
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.

The Alabama Constitution
Every citizen has a right to bear arms in defence of himself and the State.

The Colorado Constitution
Right to bear arms. 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.

The California Constitution
No provision. State laws allow possession and carry of firearms with restrictions.

The Constitution of Connecticut
Every citizen has a right to bear arms in defense of himself and the state.

The Constitution of 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.

The Constitution of 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.

The Constitution of 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.

The Constitution of 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.

The Constitution of 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.

The Constitution of Illinois
Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed.

The Constitution of Indiana
The people shall have a right to bear arms, for the defense of themselves and the State.

The Constitution of Iowa
No provision. State laws allow possession and carry of firearms with restrictions.

The Constitution of 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.

The Constitution of Kentucky
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.

The Constitution of 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.

The Constitution of Maine
Every citizen has a right to keep and bear arms and this right shall never be questioned.

The Constitution of Maryland
No provision. State laws allow possession and carry of firearms with restrictions.

The Constitution of 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.

The Constitution of Michigan
Every person has a right to keep and bear arms for the defense of himself and the state.

The Constitution of Minnesota
No provision. State laws allow possession and carry of firearms with restrictions.
The Constitution of 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.

The Constitution of 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.

The Constitution of 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.

The Constitution of 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.

The Constitution of 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.

The Constitution of New Hampshire
All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state.

The Constitution of 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.

The Constitution of New York
No provision. State laws allow possession and carry of firearms with restrictions.

The Constitution of 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.

The Constitution of 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.

The Constitution of 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.

The Constitution of 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.

The Constitution of 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

The Constitution of Pennsylvania
The right of the citizens to bear arms in defence of themselves and the State shall not be questioned.

The Constitution of Rhode Island
The right of the people to keep and bear arms shall not be infringed.

The Constitution of 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.

The Constitution of South Dakota
The right of the citizens to bear arms in defense of themselves and the state shall not be denied.

The Constitution of 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.

The Constitution of 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.

The Constitution of 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.

The Constitution of 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.

The Constitution of 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.

The Constitution of 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.

The Constitution of 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.

The Constitution of Wisconsin
The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.

The Constitution of Wyoming
The right of citizens to bear arms in defense of themselves and of the state shall not be denied.

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