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Do the state constitutions have provisions protecting the individual's right to keep and bear arms? The answer is maybe.
The list below is color coded to reflect the ongoing controversy on whether the 2nd Amendment protects an individual's right to keep and bear arms or if it only protects the collective people's right as a militia to keep and bear arms. Thus, if the state provision clearly protects the individual's right it will be green. It will be yellow if there might be some interpretation needed. It will be red if there is no provision to protect the individual.
This information was obtained from the web site of Prof. Eugene Volokh, UCLA Law School.
To see his original text click on the text icon
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Alabama: That every citizen has a right to bear arms in defense of himself and the state. Art. I, § 26 (enacted 1819, art. I, § 23, with "defence" in place of "defense," spelling changed 1901).
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. Art. I, § 19 (first sentence enacted 1959, second sentence added 1994).
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, § 26 (enacted 1912).
Arkansas: The citizens of this State shall
have the right to keep and bear arms for their common defense.
Art. II, § 5 (enacted 1868, art. I, § 5).
1836: "That the free white men
of this State shall have a right to keep and to bear arms for their common
defence." Art. II, § 21.
California: No provision.
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, § 13 (enacted 1876, art. II, § 13).
Connecticut: Every citizen has a right to bear arms in defense of himself and the state. Art. I, § 15 (enacted 1818, art. I, § 17). The original 1818 text came from the Mississippi Constitution of 1817.
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, § 20 (enacted 1987).
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.
(b) There shall be a mandatory period
of three days, excluding weekends and legal holidays, between the purchase
and delivery at retail of any handgun. For the purposes of this section,
"purchase" means the transfer of money or other valuable consideration to
the retailer, and "handgun" means a firearm capable of being carried and
used by one hand, such as a pistol or revolver. Holders of a concealed
weapon permit as prescribed in Florida law shall not be subject to the provisions
of this paragraph.
(c) The legislature shall enact legislation
implementing subsection (b) of this section, effective no later than December
31, 1991, which shall provide that anyone violating the provisions of subsection
(b) shall be guilty of a felony.
(d) This restriction shall not apply
to a trade in of another handgun. Art. I, § 8 (sections (b)-(d)
added in 1990).
1838: "That the free white men
of this State shall have a right to keep and to bear arms for their common
defence." Art. I, § 21.
1865: Clause omitted.
1868: "The people shall have the
right to bear arms in defence of themselves and of the lawful authority of
the State." Art. I, § 22.
1885: "The right of the people
to bear arms in defence of themselves and the lawful authority of the State,
shall not be infringed, but the Legislature may prescribe the manner in which
they may be borne." Art. I, § 20.
1968: "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, § 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, § 1, ¶ VIII (enacted 1877, art.
I, § XXII).
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.
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, § 17 (enacted 1950).
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. Art. I, § 11 (enacted 1978).
1889: "The people have the right
to bear arms for their security and defense; but the Legislature shall regulate
the exercise of this right by law." Art. I, § 11.
Illinois: Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed. Art. I, § 22 (enacted 1970).
Indiana:
The people shall have a right to bear arms, for the defense of themselves
and the State. Art. I, § 32 (enacted 1851, art. I, §
32).
1816: That the people have a right
to bear arms for the defense of themselves and the State, and that the military
shall be kept in strict subordination to the civil power. Art. I, §
20.
Iowa: No provision.
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. Bill of Rights, § 4 (enacted 1859, art. I, § 4).
Kentucky: All men are, by nature, free and equal, and have certain
inherent and inalienable rights, among which may be reckoned:
First: The right of enjoying and
defending their lives and liberties. . . .
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 (enacted 1891).
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.
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.
Art. I, § 11 (enacted 1974).
1879: "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 abridged. This shall not prevent
the passage of laws to punish those who carry weapons concealed." Art.
3.
Maine:
Every citizen has a right to keep and bear arms and this right shall never
be questioned. Art. I, § 16 (enacted 1987, after a
collective-rights interpretation of the original provision).
1819: "Every citizen has a right
to keep and bear arms for the common defence; and this right shall never
be questioned." Art. I, § 16.
Maryland: No provision.
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. Pt. 1, art. 17 (enacted 1780).
Michigan: Every person has a right to keep and bear arms for the defense of himself and the state. Art. I, § 6 (enacted 1835).
Minnesota: No provision.
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.
Art. III, § 12 (enacted 1890, art. 3, § 12).
1817: "Every citizen has a right
to bear arms, in defence of himself and the State." Art. I, §
23.
1832: "Every citizen has a right
to bear arms in defence of himself and of the State." Art. I, §
23.
1868: "All persons shall have a
right to keep and bear arms for their defence." Art. I, § 15.
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. Art. I,
§ 23 (enacted 1945).
1820: "That the people have the
right peaceably to assemble for their common good, and to apply to those
vested with the powers of government for redress of grievances by petition
or remonstrance; and that their right to bear arms in defence of themselves
and of the State cannot be questioned." Art. XIII, § 3.
1865: Same as above, but with "the
lawful authority of the State" instead of "the State." Art. I, §
8.
1875: "That the right of no citizen
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 into
question; but nothing herein contained is intended to justify the practice
of wearing concealed weapons." Art. II, § 17.
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. Art. II, § 12 (enacted 1889).
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. Art. I, § 1 (right to keep and bear arms enacted 1988).
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. Art. I, § 11(1) (enacted 1982).
New Hampshire: All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state. Pt. 1, art. 2-a (enacted 1982).
New Jersey: No provision.
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. No municipality or county shall regulate, in any way, an incident
of the right to keep and bear arms. Art. II, § 6 (first sentence
enacted in 1971, second sentence added 1986).
1912: "The people have the right
to bear arms for their security and defense, but nothing herein shall be
held to permit the carrying of concealed weapons." Art. II, §
6.
New York: No provision.
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. Art. 1, §
30 (enacted 1971).
1776: "That the people have a right
to bear arms, for the defence of 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." Bill of Rights, § XVII.
1868: "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 ought not to be kept up, and
the military should be kept under strict subordination to, and governed by,
the civil power." Art. I, § 24.
1875: Same as 1868, but added "Nothing
herein contained shall justify the practice of carrying concealed weapons,
or prevent the Legislature from enacting penal statutes against said
practice."
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. Art. I, § 1 (right to keep and bear arms enacted 1984).
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. Art. I, § 4 (enacted 1851).
1802: "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 shall not be kept
up, and that the military shall be kept under strict subordination to the
civil power." Art. VIII, § 20.
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. Art. II, § 26 (enacted 1907).
Oregon: The people shall have the right to bear arms for the defence of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.] Art. I, § 27 (enacted 1857, art. I, § 28).
Pennsylvania:
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).
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.
Rhode Island: The right of the people to keep and bear arms shall not be infringed. Art. I, § 22 (enacted 1842).
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. Art. 1, § 20 (enacted 1895).
1868: "The people have a right
to keep and bear arms for the common defence. As, in times of peace
. . . ." Art. I, § 28.
South Dakota: The right of the citizens to bear arms in defense of themselves and the state shall not be denied. Art. VI, § 24 (enacted 1889).
Tennessee:
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 (enacted 1870).
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.
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. Art. I, § 23 (enacted 1876).
1836: "Every citizen shall have
the right to bear arms in defence of himself and the republic. The
military shall at all times and in all cases be subordinate to the civil
power." Declaration of Rights, cl. 14.
1845: "Every citizen shall have
the right to keep and bear arms in lawful defence of himself or the
State." Art. I, § 13.
1868: "Every person shall have
the right to keep and bear arms in the lawful defence of himself or the State,
under such regulations as the legislature may prescribe." Art. I, §
13.
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. Art. I, §
6 (enacted 1984).
1896: "The people have the right
to bear arms for their security and defense, but the legislature may regulate
the exercise of this right by law."
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. Ch. I, art. 16 (enacted 1777, ch. I, art. 15).
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. Art. I, § 13 (enacted 1776 without explicit right to keep and bear arms; "therefore, the right to keep and bear arms shall not be infringed" added in 1971).
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. Art. I, § 24 (enacted 1889).
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. Art. III, § 22 (enacted 1986).
Wisconsin: The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose. Art. I, § 25 (enacted 1998).
Wyoming:
The right of citizens to bear arms in defense of themselves and of the state
shall not be denied. Art. I, § 24 (enacted 1889).