What does your state's constitution say about the RKBA?

[coltrane679]

"Medical Weed is quite different than RKBA.... I hope"

The Commerce Clause jurisprudence is what is--the 2A will have little bearing on that. WHO can regulate guns is a Commerce Clause issue--jut like medical marijauna. WHAT regulations they can impose is a 2A issue. You are mixing up the two, thus leading yourself away from your original question (states v. Feds).

In short, it is meaningless to talk about guns being different from medical marijuana--if the Commerce Clause is interpreted broadly (which it has been for about 70 years), then guns will almost certainly fall under it--which would answer, pretty conclusively (under current practice) your question about the states v. the Fed.

2 diiferent issues, 2 different fights.

 

[the pistolero]

Medical Weed is quite different than RKBA.... I hope

One would hope it would be seen differently...but it seems to me the authoritarians among us have gotten the public used to the "no matter how they're used, drugs'r bad, m'kay?" school of thought, and of course we all know where the acquiescence of the public has gotten us vis-a-vis gun laws. In far too many areas -- some drugs (as in the War On Some Drugs), "gun violence," etc. -- so many people have fallen for the shuck and jive that "it's not what's best for the individual, but what's best for society"; hence the authoritarians on the right get away with arguing that continuing to pour money down the War On Some Drugs sinkhole is best because it supposedly will mean less strain on the healthcare system -- as righty blogger John Hawkins recently did -- and the authoritarians on the left get away with advocating ever more strict gun laws, up to and including banning and confiscation for the same reason, among others. Personally, in both instances I'd tend to fall on the side of liberty and personal responsibility, but I'm betting the Supreme Court won't.

EDIT: as for the title of this thread, I thought it was rather chilling what Illinois' constitution says about the RKBA:

Subject only to the police power, the right of the
individual citizen to keep and bear arms shall not be
infringed.

Subject to the police power...I'd say that more or less renders the whole thing null and void...

 

[Axman]

A complete listing of state constitutional provisions is here:

It's easy to look it up ourselves but I generally wanted to spark a discussion so everyone can offer up their interpretation and opinion of their state's law.

--------------

Article 2, Section 3 of the AZ Constitution also has this to say...

The Constitution of the United States is the supreme law of the land.

 

[Crimp]

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.

 

[Spare]

The Massachusetts one was already posted, so here is my former home state.

Vermont:
“That the people have a right to bear arms for the defense of themselves and the State 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.” Chapter 1, Article 16.

 

[romma]

Connecticut

SEC. 15. Every citizen has a right to bear arms in defense of himself and the state.

 

[jamz]

Maine:

Section 16. To keep and bear arms. Every citizen has a right to keep and bear arms and this right shall never be questioned.



I love this state.

 

[Baba Louie]

Nevada: Article 1, Sec. 11. Right to keep and bear arms; civil power supreme.

1. 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.

2. The military shall be subordinate to the civil power; No standing army shall be maintained by this State in time of peace, and in time of War, no appropriation for a standing army shall be for a longer time than two years.

[Amended in 1982. Proposed and passed by the 1979 legislature; agreed to and passed by the 1981 legislature; and approved and ratified by the people at the 1982 general election. See: Statutes of Nevada 1979, p. 1986; Statutes of Nevada 1981, p. 2083.]

Still and all, Clark County residents must register any concealable weapons with the Sheriff's office per county ordnance.

 

[cbsbyte]

The problem in Massachusetts is that in the 1970s the state supreme court made a ruling that only the National Guard has the Right to Bear arms, the people have a right to self defense but not to arm themselves. RKBA is a mute point in Mass, since it can not be used as a defense in a state court of law.

www.stephenhalbrook.com/law_review_articles/state-bills.pdf

 

[ryan in maine]

jamz: Maine:

Section 16. To keep and bear arms. Every citizen has a right to keep and bear arms and this right shall never be questioned.



I love this state.

Maine has really been getting a lot of spins on THR lately. 'bout time.

 

[stevelyn]

Alaska

Read verbatum to the 2A of the U.S BoR. Amended in 1995 (?) to add:

The individual right to keep and bear arms shall not be denied or infringed by the State or a political subdivision of the State.