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Glassunion

(10,201 posts)
5. No, 3 individual state constitutions did not have a statement about a right to keep and bear arms.
Fri Jan 11, 2013, 02:08 AM
Jan 2013

Of the original 13 and their constitutions with specific mention of a Right to Keep and Bear Arms:

Delaware: Yes - Article 1 Sec 20 “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.”

Pennsylvania: Yes - Article 1 Section 1 “All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty” and Section 21 “The right of the citizens to bear arms in defense of themselves and the State shall not be questioned”

New Jersey: No - There is no right to arms defined.

Georgia: Yes - Sec1 Paragraph 8 “The right of the people to keep and bear arms shall not be infringed”

Connecticut: Yes - Section 15 “Every citizen has a right to bear arms in defense of himself and the state”

Massachusetts: Yes - Article 17 "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."

Maryland: No - There is no right to arms defined.

South Carolina: Yes - Section 20 “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”

New Hampshire: Yes - Article 2 “All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state”

Virginia: Article 1.13 “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”

New York: No - There is no right to arms defined.

North Carolina: Yes - Photocopy of the US 2nd Amendment

Rhode Island: Yes - Section 22 “The right of the people to keep and bear arms shall not be infringed”

Knowing the very vital roles the State Militias served in securing the liberty jmg257 Jan 2013 #1
I am unclear on most of your post Beearewhyain Jan 2013 #3
"A well regulated militia" is the necessity... jmg257 Jan 2013 #11
Just curious... 2naSalit Jan 2013 #27
Yes.. The National Guard is a well regulated militia. jmg257 Jan 2013 #33
Not really. former9thward Jan 2013 #64
Didn't every one of the 13 states adopt a constitution of their own, pipoman Jan 2013 #2
It was considered a restriction Beearewhyain Jan 2013 #4
With that in mind pipoman Jan 2013 #8
Certainly not Beearewhyain Jan 2013 #13
And that is where you loose me.. pipoman Jan 2013 #19
So how was the federal govt going to secure our liberties jmg257 Jan 2013 #16
If I understand how this argument goes Beearewhyain Jan 2013 #18
Not sure what you are asking, but... jmg257 Jan 2013 #20
A link for context would be beneficial Beearewhyain Jan 2013 #28
This is from Militia Acts of 1792... jmg257 Jan 2013 #31
No, 3 individual state constitutions did not have a statement about a right to keep and bear arms. Glassunion Jan 2013 #5
Thanks.. pipoman Jan 2013 #10
Good elaborating info...I'm going to use it with my next 'founding fathers' arguers...thanks. ancianita Jan 2013 #14
Thanks Beearewhyain Jan 2013 #21
Sweet! What do I get for all 50 states? Glassunion Jan 2013 #22
You get a herd of puppies Beearewhyain Jan 2013 #23
Fair enough... Here you go with a bonus... Glassunion Jan 2013 #24
You have obviously done some homework Beearewhyain Jan 2013 #29
I've heard of it, however I have not done any research into it. Glassunion Jan 2013 #30
Well then Beearewhyain Jan 2013 #32
Not all I think, but some. nt jmg257 Jan 2013 #15
I've been reading over the debates & minutes... Historic NY Jan 2013 #6
Interesting Beearewhyain Jan 2013 #9
As of McDonald v. Chicago (2010) the 2nd Amd. is now incorporated cthulu2016 Jan 2013 #7
Well said.. pipoman Jan 2013 #12
Heller did cross my mind Beearewhyain Jan 2013 #17
This 5 to 4 along with most others will stand a very long time.. pipoman Jan 2013 #25
Maybe Beearewhyain Jan 2013 #26
Justice Bryer's dissent in Heller, signed by all four of those that voted against the majorty virginia mountainman Jan 2013 #34
x2 AnotherMcIntosh Jan 2013 #35
They will not pipoman Jan 2013 #38
Sooo... Because it was 5-4 it shouldnt count? xoom Jan 2013 #80
McDonald, not Heller. sl8 Jan 2013 #61
My bad. cthulu2016 Jan 2013 #65
Wm Rawle, misunderstood by scalia jimmy the one Jan 2013 #36
You posted nothing in conflict with what I said. jmg257 Jan 2013 #46
At this point my head hurts. ancianita Jan 2013 #79
.. what states really thought of ccw jimmy the one Jan 2013 #37
I haven't seen anyone proclaim pipoman Jan 2013 #40
You're wrong, pipoman jimmy the one Jan 2013 #44
I have decided to quit participating in conversations pipoman Jan 2013 #45
translation - ya got me jimmy the one Jan 2013 #48
Uh, no pipoman Jan 2013 #51
being pro gun means never having to say you're sorry, or wrong jimmy the one Jan 2013 #76
I explained, very simply, what you need(ed) to do to get a response.. pipoman Jan 2013 #77
Other then the obvious role of the SCOTUS, I really don't care too much what Scalia says. jmg257 Jan 2013 #59
no militia individual RKBA dichotomy in 1791 jimmy the one Jan 2013 #39
The Miller argument is disingenuous pipoman Jan 2013 #41
Thanks pipoman jimmy the one Jan 2013 #43
When did I ever state I am in agreement with any of those mentioned? pipoman Jan 2013 #47
Think about what things would be like if Miller was carrying a BAR instead of a SOSG... jmg257 Jan 2013 #53
what IS the constitutional militia these days, jmg? jimmy the one Jan 2013 #42
Why post mutterings on the English Declaration of Rights? jmg257 Jan 2013 #49
rev war & colonial militias were inefficient jimmy the one Jan 2013 #52
Yes. jmg257 Jan 2013 #55
The Other Half 4Q2u2 Jan 2013 #56
Can you explain your last points? jmg257 Jan 2013 #60
I worded 4Q2u2 Jan 2013 #62
The MA 1792 is brought up to show intent.... jmg257 Jan 2013 #63
So should we then use 4Q2u2 Jan 2013 #67
You can use whatever you want for whatever you want...that's your choice. jmg257 Jan 2013 #69
It's hard to get past this basic factual error: "the Bill of Rights was not extended to individuals Romulox Jan 2013 #50
incorporation a giant leap of faith jimmy the one Jan 2013 #54
Many of Court 4Q2u2 Jan 2013 #57
Those are two different arguments. We can't just gloss over the error in the premise to get Romulox Jan 2013 #58
Which side you on, jmg? I be confused now. jimmy the one Jan 2013 #66
Whew - this will take some time...question for you 1st while I type... jmg257 Jan 2013 #70
OK - let's get at this... jmg257 Jan 2013 #71
I'm on my side...probaly why its confusing :). No time left to get into it now, but jmg257 Jan 2013 #72
just mighty Grand, jmg jimmy the one Jan 2013 #74
Cheers! off now to a dinner out! nt jmg257 Jan 2013 #75
Part of the confusion is possibly a desire to put people on 1 side or the other. jmg257 Jan 2013 #73
Wm Rawle's Treatise on the 2ndA, 1825 jimmy the one Jan 2013 #68
english RKBA an individual right to belong to militia jimmy the one Jan 2013 #78
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