Sylvan-Forge
Member
USA RKBA Constitutional Provisions and Conceal Carry by State
UNRESTRICTED = No license needed
SHALL ISSUE = Consistent requirements for licensure
MAY ISSUE = Arbitrary requirements for licensure
NO-ISSUE = Conceal carry not afforded to citizenry
ALABAMA
That every citizen has a right to bear arms in defense of himself and the state.
MAY ISSUE
*ALASKA*
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.
UNRESTRICTED. SHALL ISSUE AVAILABLE.
ARIZONA
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.
SHALL ISSUE
ARKANSAS
The citizens of this state shall have the right to keep and bear arms for their common defense.
SHALL ISSUE
CALIFORNIA
No constitutional provision.
MAY ISSUE to NO-ISSUE - Varies widely across state.
COLORADO
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.
SHALL ISSUE
CONNECTICUT
Every citizen has a right to bear arms in defense of himself and the state.
MAY ISSUE
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.
MAY ISSUE
FLORIDA
(a) 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. ((subsection b and c not shown))
SHALL ISSUE
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.
SHALL ISSUE
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.
MAY ISSUE - Policy effectively NO-ISSUE
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.
SHALL ISSUE
ILLINOIS
Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed.
NO-ISSUE
INDIANA
The people shall have a right to bear arms, for the defense of themselves and the State.
SHALL ISSUE
IOWA
No constitutional provision.
MAY ISSUE
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.
SHALL ISSUE (PENDING) JANUARY 2007 ?
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.
SHALL ISSUE
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.
SHALL ISSUE
MAINE
Every citizen has a right to keep and bear arms and this right shall never be questioned.
SHALL ISSUE
MARYLAND
No constitutional provision.
MAY ISSUE
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.
MAY ISSUE
MICHIGAN
Every person has a right to keep and bear arms for the defense of himself and the state.
SHALL ISSUE
MINNESOTA
No constitutional provision.
SHALL ISSUE
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.
SHALL ISSUE
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.
SHALL ISSUE
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.
SHALL ISSUE
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. To secure these rights, and the protection of property, governments are instituted among people, deriving their just powers from the consent of the governed.
NO ISSUE
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
SHALL ISSUE
NEW HAMPSHIRE
All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state.
SHALL ISSUE
NEW JERSEY
No constitutional provision.
MAY ISSUE
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.
SHALL ISSUE
NEW YORK
No constitutional provision.
MAY ISSUE
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.
SHALL ISSUE
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.
SHALL ISSUE
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.
SHALL ISSUE
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.
SHALL ISSUE
OREGON
The people shall have the right to bear arms for the defence (sic) of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.]
SHALL ISSUE
PENNSYLVANIA
The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.
SHALL ISSUE
RHODE ISLAND
The right of the people to keep and bear arms shall not be infringed.
MAY ISSUE
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. No soldier shall in time of peace be quartered in any house without the consent of the owner nor in time of war but in the manner prescribed by law.
SHALL ISSUE
SOUTH DAKOTA
Right to bear arms. The right of the citizens to bear arms in defense of themselves and the state shall not be denied.
SHALL ISSUE
TENNESSEE
That the citizens of this State have a right to keep and to bear arms for the common defense; but the legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime.
SHALL ISSUE
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.
SHALL ISSUE
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.
SHALL ISSUE
*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.
UNRESTRICTED
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.
SHALL ISSUE
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.
SHALL ISSUE
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.
SHALL ISSUE
WISCONSIN
The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.
NO-ISSUE
WYOMING
The right of citizens to bear arms in defense of themselves and of the state shall not be denied.
SHALL ISSUE
----------------------------------------------------------------
REFERENCES
State Constitutional Right to Keep and Bear Arms Provisions
Prof. Eugene Volokh, UCLA Law School
http://www.law.ucla.edu/volokh/beararms/statecon.htm
WIKIPEDIA.ORG
PACKING.ORG
Constitutional provisions verified at state govenment websites.
----------------------------------------------------------------
UNRESTRICTED = No license needed
SHALL ISSUE = Consistent requirements for licensure
MAY ISSUE = Arbitrary requirements for licensure
NO-ISSUE = Conceal carry not afforded to citizenry
ALABAMA
That every citizen has a right to bear arms in defense of himself and the state.
MAY ISSUE
*ALASKA*
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.
UNRESTRICTED. SHALL ISSUE AVAILABLE.
ARIZONA
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.
SHALL ISSUE
ARKANSAS
The citizens of this state shall have the right to keep and bear arms for their common defense.
SHALL ISSUE
CALIFORNIA
No constitutional provision.
MAY ISSUE to NO-ISSUE - Varies widely across state.
COLORADO
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.
SHALL ISSUE
CONNECTICUT
Every citizen has a right to bear arms in defense of himself and the state.
MAY ISSUE
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.
MAY ISSUE
FLORIDA
(a) 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. ((subsection b and c not shown))
SHALL ISSUE
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.
SHALL ISSUE
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.
MAY ISSUE - Policy effectively NO-ISSUE
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.
SHALL ISSUE
ILLINOIS
Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed.
NO-ISSUE
INDIANA
The people shall have a right to bear arms, for the defense of themselves and the State.
SHALL ISSUE
IOWA
No constitutional provision.
MAY ISSUE
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.
SHALL ISSUE (PENDING) JANUARY 2007 ?
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.
SHALL ISSUE
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.
SHALL ISSUE
MAINE
Every citizen has a right to keep and bear arms and this right shall never be questioned.
SHALL ISSUE
MARYLAND
No constitutional provision.
MAY ISSUE
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.
MAY ISSUE
MICHIGAN
Every person has a right to keep and bear arms for the defense of himself and the state.
SHALL ISSUE
MINNESOTA
No constitutional provision.
SHALL ISSUE
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.
SHALL ISSUE
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.
SHALL ISSUE
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.
SHALL ISSUE
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. To secure these rights, and the protection of property, governments are instituted among people, deriving their just powers from the consent of the governed.
NO ISSUE
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
SHALL ISSUE
NEW HAMPSHIRE
All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state.
SHALL ISSUE
NEW JERSEY
No constitutional provision.
MAY ISSUE
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.
SHALL ISSUE
NEW YORK
No constitutional provision.
MAY ISSUE
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.
SHALL ISSUE
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.
SHALL ISSUE
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.
SHALL ISSUE
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.
SHALL ISSUE
OREGON
The people shall have the right to bear arms for the defence (sic) of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.]
SHALL ISSUE
PENNSYLVANIA
The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.
SHALL ISSUE
RHODE ISLAND
The right of the people to keep and bear arms shall not be infringed.
MAY ISSUE
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. No soldier shall in time of peace be quartered in any house without the consent of the owner nor in time of war but in the manner prescribed by law.
SHALL ISSUE
SOUTH DAKOTA
Right to bear arms. The right of the citizens to bear arms in defense of themselves and the state shall not be denied.
SHALL ISSUE
TENNESSEE
That the citizens of this State have a right to keep and to bear arms for the common defense; but the legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime.
SHALL ISSUE
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.
SHALL ISSUE
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.
SHALL ISSUE
*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.
UNRESTRICTED
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.
SHALL ISSUE
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.
SHALL ISSUE
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.
SHALL ISSUE
WISCONSIN
The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.
NO-ISSUE
WYOMING
The right of citizens to bear arms in defense of themselves and of the state shall not be denied.
SHALL ISSUE
----------------------------------------------------------------
REFERENCES
State Constitutional Right to Keep and Bear Arms Provisions
Prof. Eugene Volokh, UCLA Law School
http://www.law.ucla.edu/volokh/beararms/statecon.htm
WIKIPEDIA.ORG
PACKING.ORG
Constitutional provisions verified at state govenment websites.
----------------------------------------------------------------
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