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State Constitutional Right to Keep and Bear Arms Provisions

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State Constitutional Right to Keep and Bear Arms Provisions
Topic: Miscellaneous 10:18 am EST, Jan 26, 2013

Interesting progressions some of these things went through:

Georgia: 

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.

(That didn't take long, did it?)

1877: "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

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

Tennessee:

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.

(Stay classy, Tennessee!)

1870: "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

(Note the change in the spelling of the word defense.)

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

Pennsylvania:

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.

(Of State Constitutional provisions protecting an individual right this is the oldest and strongest.)

1790: 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).

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

(Duh!)

Kentucky:

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.

(A response to a contrary court holding on concealed carry. Tennessee's court ruled that concealed carry could be regulated under the original wording of their provision, but they later amended the language anyway.)

1891: "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

State Constitutional Right to Keep and Bear Arms Provisions



 
 
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