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Callisto32 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-30-10 09:04 AM
Original message
State constituional provisions.
Since this is a national site, most of the discussion in this forum is about federal issues. Specifically, there is a lot of talk about what the Second Amendment means, what with it's introductory language and all. I would like to take it in a bit of a different direction.

As a PA resident, born and raised and all that, I was looking at the recent discussion of Rendell's veto of the expansion of castle doctrine. This got me thinking about PA's constitution. It contains the following language.

Section 21 . Right to Bear Arms
The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.

As you can see, it is stronger than the federal language, and contains no prefatory clause over which to argue.

I want to know how anti and pro-RKBA/gun people respond to this language.
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OneTenthofOnePercent Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-30-10 09:13 AM
Response to Original message
1. Obviously, PA (and it's constitution) is full of (and written by) a bunch of slack-jawed yokels.
do I really need the sarcasm smiley?

Go PA! :woohoo:
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biermeister Donating Member (425 posts) Send PM | Profile | Ignore Tue Nov-30-10 12:27 PM
Response to Original message
2. I like Vermont's Article 16
Article 16th. Right to bear arms; standing armies; military power subordinate to civil

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.
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AtheistCrusader Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-30-10 01:00 PM
Response to Original message
3. Washington State's, ratified in 1889.
SECTION 24 RIGHT TO BEAR ARMS. 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.



That last little bit was a 'fuck you' to the Pinkertons, and why Xe (blackwater) won't be moving it's corporate headquarters to WA state any time soon.
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cleanhippie Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-30-10 01:18 PM
Response to Reply #3
4. WHile I like that part, could it be used to dismantle existing private security firms?
Some private security firms here in WA do employ armed guards. How do they get around that clause?
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AtheistCrusader Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-30-10 01:52 PM
Response to Reply #4
5. Nothing in this section shall be construed as authorizing
It is authorized in other licensing and permit statutes.

Something like Xe might be able to do business here, but they would need permission from other licensing and regulatory organs, they couldn't claim the right to arms under the 24th.
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oneshooter Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-30-10 05:53 PM
Response to Original message
6.  Try this site........
http://www.law.ucla.edu/volokh/beararms/statedat.htm

Oneshooter
Armed and Livin in Texas
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Glassunion Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-10 03:32 PM
Response to Original message
7. I love PA as well.
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Callisto32 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-02-10 08:17 AM
Response to Reply #7
8. That was interesting the first time around, and is again.
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brendan120678 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-02-10 08:38 AM
Response to Original message
9. Connecticut's is very similar....
From Art. I, § 15 of the state Constitution: "Every citizen has a right to bear arms in defense of himself and the state."

Of course, that applies in all instances, except when it doesn't. Somehow, the General Assembly has done a great job limiting that clause as much as possible.
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slackmaster Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-02-10 11:50 AM
Response to Original message
10. SECTION 1. All people are by nature free and independent and have inalienable rights.
Among these are enjoying and defending life and
liberty, acquiring, possessing, and protecting property, and pursuing
and obtaining safety, happiness, and privacy.

http://www.leginfo.ca.gov/.const/.article_1
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