Some might find interesting… Others may find it infuriating.
I assigned myself some homework in order to better understand something for myself. I see the question being bounced around a lot about self defense. Some argue that it is a right, and others argue that it is not.
Homework was… Do we as citizens have an individual and declared RIGHT to self-defense?
So I read the state constitutions of all of the states to see what I could find. I only read the Bill of Rights (or similar) of each of them to see if individual self-defense is a declared right. I also made note if there are rights of individuals (not groups) to bear arms was in thier respective bill of rights. I wanted to specifically see if these rights are defined to individuals and not “militias” or some other collective.
What I found was that there are 44 states have a constitutional right to bear arms. As you can see below, most of them differ quite significantly in their wording from the 2nd Amendment. Also, nearly all of them secure (at least in part) an INDIVIDUAL right to keep some sort of gun for self defense.
There have been some here that argue that the US Constitution and Bill of Rights is some outdated ramblings of law on some crusty old piece of paper. That the US Constitution does not apply in today’s day and age. State constitutions are a little different. They are continually being reviewed and amended. Some have scheduled reviews. So they to me seem to be a more progressive and evolving framework of law, than that crusty old constitution that some despise so much.
As far as self defense and right to bear arms, some of these rights date back to the framing of the constitutions, and others have been enacted quite recently. Go figure? They still express a right to bear arms for self defense even after the old flintlocks were put away and more modern rifles, pistols and revolvers were available. Imagine that?
Below is a list by state and year that the particular right was last amended, and a clip from the respective state’s constitution. Next to each state is a yes/no as to whether self defense and a right to bear arms is a declared individual right.
Happy reading…
Alabama 1819: YES to both… Section 26: “That every citizen has a right to bear arms in defense of himself and the state.”
Alaska 1994: Yes to both… Section 1.1 “all persons have a natural right to life” (not self defense) Section 1.19 “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 individual right to bear arms was generally understood as aimed at protecting self-defense.
Arizona 1912: Yes to both… Section 26 “The right of the individual citizen to bear arms in defense of himself or the state shall not be impaired”
Arkansas 1868: Yes to both… Article 2.2 “All men are created equally free and independent, and have certain inherent and inalienable rights; amongst which are those of enjoying and defending life and liberty; of acquiring, possessing and protecting property, and reputation; and of pursuing their own happiness” Article 2.5 “The citizens of this State shall have the right to keep and bear arms, for their common defense”
California (no date): Yes and No… Article 1.1 “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.” I could find no right to bear arms or similar. They do however take the time to define marriage as between a man and woman. Sec 7.5 “Only marriage between a man and a woman is valid”
Colorado 1876: Yes to both… Section 3 “All persons have certain natural, essential and inalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties; of acquiring, possessing and protecting property; and of seeking and obtaining their safety and happiness.” And Section 13 “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”
Connecticut 1818: Yes to both… Section 15 “Every citizen has a right to bear arms in defense of himself and the state”
Delaware 1987: Yes to both… 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.”
Florida 1990: Yes to both… Article 1 Section 2 “All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty” and Section 8 “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”
Georgia 1877: No and Yes… Sec1 Paragraph 8 “The right of the people to keep and bear arms shall not be infringed” Nothing specific on a self-defense right. It has however held up in court in McCoy v. State.
Hawaii 1959: Nope… You are however allowed to enjoy life, just not defend it. They did Xerox the 2nd from the US BOR in sec 15.
Idaho 1978: Yes to both… Section 1 “among which are enjoying and defending life and liberty” and Section 11 “The people have the right to keep and bear arms, which right shall not be abridged”
Illinois 1970: No and Sort of… Like Hawaii you are free to enjoy life, however you have no declared right to protect it. Section 22 “Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed.”
Indiana 1851: Yes to both… Section 32 “The people shall have a right to bear arms, for the defense of themselves and the State”
Iowa (no date): Yes and no… Section 1 “All men and women are, by nature, free and equal, and have certain inalienable rights--among which are those of enjoying and defending life and liberty” I can find no right to bear arms.
Kansas 1859: Yes to both… Section 4 “The people have the right to bear arms for their defense and security”
Kentucky 1891: Yes to both… Section 1 “The right of enjoying and defending their lives and liberties” and Section 7 “The right to bear arms in defense of themselves and the State”
Louisiana 1974: No and Yes… Section 11 “The right of each citizen to keep and bear arms shall not be abridged” I could find nothing too firm on the right of self defense.
Maine 1987: Yes to both… Section 1 “among which are those of enjoying and defending life and liberty” and Section 16 “Every citizen has a right to keep and bear arms and this right shall never be questioned.” (One of my favorites…)
Maryland (Orwell’s 1984): Nope… No right to self-defense nor any right to bear arms.
Massachusetts 1780: Nope… It is defined in Part1 Article 17 as a collective right.
Michigan 1963: Yes to both… Article 1.6 “Every person has a right to keep and bear arms for the defense of himself and the state”
Minnesota (No Date): Nope...
Mississippi 1890: Yes to both… Article 1.23 “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”
Missouri 1945: Yes to both… Article 1.23 "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"
Montana 1889: Yes to both… Article 2 “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”
Nebraska 1988: Yes to both… Article 1 “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” (Another one of my favorites)
Nevada 1982: Yes to both… Article 1.11 “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”
New Hampshire 1982: Yes to both… Article 2 “All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state”
New Jersey (no date): Yes and no… Article 1.1 “All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty” No right to arms is defined.
New Mexico 1986: Yes to both… Article 2.6 “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”
New York (again Orwell’s 1984): Nope…
North Carolina 1971: No. Self-defense is protected by law, but not the constitution. State v. Kerner. The right to bear arms was a Xerox of the US BOA.
North Dakota 1984 (the real one): Yes to both… Article 1.1 “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.”
Ohio 1851: Yes to both… Article 1.01 “All men are, by nature, free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty” and Article 1.04 “The people have the right to bear arms for their defense and security”
Oklahoma 1907: Yes to both… Article 2.26 “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 legally summoned, shall never be prohibited”
Oregon 1857: Yes to both… Article 1.27 “The people shall have the right to bear arms for the defence of themselves, and the State”
Pennsylvania 1790: Yes to both… 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” (My personal favorite)
Rhode Island 1842: No and Yes… Nothing declaring a right to self-defense. Section 22 “The right of the people to keep and bear arms shall not be infringed”
South Carolina 1895: No and Yes… Nothing declaring a right to self-defense. 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”
South Dakota 1889: Yes to both… Article 6.24 “The right of the citizens to bear arms in defense of themselves and the state shall not be denied”
Tennessee 1870: No to both… “That the citizens of this State have a right to keep and to bear arms for their common defense" is a collective right. Nothing declaring a right to self defense.
Texas 1876: Yes to both… (oneshooter can breathe easy) Article 1.23 “Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State”
Utah 1984 (again the real one): Yes to both… Article 1.6 “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”
Vermont 1777: Of course… Ch1 Art16 “That the people have a right to bear arms for the defense of themselves and the State”
Virginia 1971: Nope… Like Hawaii, you can enjoy life and liberty, however it is not defined that you can defend it. And 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” is a collective right.
Washington 1889: Yes to both… Article 1.24 “The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired”
West Virginia 1986: Yes to both… Art3.22 “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”
Wisconsin 1998: Yes to both… Article 1.25 “The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose”
Wyoming 1889: Yes to both… Article 1.24 “The right of citizens to bear arms in defense of themselves and of the state shall not be denied”
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