Gun Rights in the United States
Gun Rights and Control Legislation
Firearm Regulation
State legislatures and municipal councils have, in general, greater practical influence in relation to gun regulations than does the Congress. In addition to state laws, the
federal Gun Control Act of 1968 and amendments to that enactment contained in the Firearms Owners Protection Act of 1986 contain provisions regulating the purchase, sale, possession, and interstate transportation of firearms. Local governments in the United States may have separate firearm ordinances.
State Constitutional Gun Rights Provisions
Forty-five states have constitutional provisions in respect of keeping and bearing arms. The following state constitutions have no provisions about those rights:
- California,
- Iowa,
- Maryland,
- Minnesota, and
- New Jersey
Some examples of the relevant wording of selected state constitutions follow:
- Alabama: That every citizen has a right to bear arms in defense of himself and the state (art. I, para. 26).
- 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 (art. I, para. 19). - 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 (art. II, para. 26).
- Arkansas: The citizens of this State shall have the right to keep and bear arms for their common defense (art. II, para. 5).
- 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 (art. II, para. 13).
- Connecticut: Every citizen has a right to bear arms in defense of himself and the state (art. I, para. 15).
- 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 (art. I, para. 20).
- Florida: 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 (art. I, para. 8).
- 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 (art. I, para. I). - 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 (art. I, para. 15).
Gun control legislation and the Second Amendment
In the Adam Winkler’s 2011 book, Gunfight: The Battle Over the Right to Bear Arms in America, the author observes that even during the early years, our Republic had gun controls in place that today’s NRA would find objectionable. He also argues that the Second Amendment should be construed as a personal right of self-defense.
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