List of state constitutions containing a RKBA provision

What follows is a list of the 50 states and whether or not their constitutional Bill of Rights contain a provision for keeping and bearing arms similar to the Second Amendment. The states are listed in the order that they joined the union.

State  |  RKBA  |  Section  |  Provision text

|
|
|

Delaware  |  Yes  |  Section 20  |  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.[1]
Pennsylvania  |  Yes  |  Section 21  |  The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.[2]
New Jersey  |  No  |  \-  |  \-
Georgia  |  Yes  |  Paragraph VIII  |  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.[3]
Connecticut  |  Yes  |  Section 15  |  Every citizen has a right to bear arms in defense of himself and the state.[4]
Massachusetts  |  Yes  |  Article XVII  |  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.[5]
Maryland  |  No  |  \-  |  \-
South Carolina  |  Yes  |  Section 20  |  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.[6]
New Hampshire  |  Yes  |  Article 2  |  All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state.[7]
Virginia  |  Yes  |  Section 13  |  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.[8]
New York  |  No  |  \-  |  \-
North Carolina  |  Yes  |  Section 30  |  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.[9]
Rhode Island  |  Yes  |  Section 22  |  The right of the people to keep and bear arms shall not be infringed.[10]
Vermont  |  Yes  |  Article 16  |  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.[11]
Kentucky  |  Yes  |  Section 1  |  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.[12]
Tennessee  |  Yes  |  Section 26  |  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.[13]
Ohio  |  Yes  |  Article 1, Section 4  |  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.[14]
Louisiana  |  Yes  |  Article 1, Section 11  |  The right of each citizen to keep and bear arms is fundamental and shall not be infringed. Any restriction on this right shall be subject to strict scrutiny.[15]
Indiana  |  Yes  |  Section 32  |  The people shall have a right to bear arms, for the defense of themselves and the State.[16]
Mississippi  |  Yes  |  Section 12  |  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.[17]
Illinois  |  Yes  |  Section 22  |  Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed.[18]
Alabama  |  Yes  |  Section 26  |  That every citizen has a right to bear arms in defense of himself and the state.[19]
Maine  |  Yes  |  Section 16  |  Every citizen has a right to keep and bear arms and this right shall never be questioned.[20]
Missouri  |  Yes  |  Article 1, Section 23  |  That the right of every citizen to keep and bear arms, ammunition, and accessories typical to the normal function of such arms, in defense of his home, person, family and property, or when lawfully summoned in aid of the civil power, shall not be questioned. The rights guaranteed by this section shall be unalienable. Any restriction on these rights shall be subject to strict scrutiny and the state of Missouri shall be obligated to uphold these rights and shall under no circumstances decline to protect against their infringement. Nothing in this section shall be construed to prevent the general assembly from enacting general laws which limit the rights of convicted violent felons or those adjudicated by a court to be a danger to self or others as result of a mental disorder or mental infirmity.[21]
Arkansas  |  Yes  |  Article 2, Section 5  |  The citizens of this State shall have the right to keep and bear arms, for their common defense.[22]
Michigan  |  Yes  |  Article 1, Section 6  |  Every person has a right to keep and bear arms for the defense of himself and the state.[23]
Florida  |  Yes  |  Article 1, Section 8  |  (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.[24]

Texas  |  Yes  |  Article I, Section 23  |  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.[25]
Iowa  |  No  |  Amendment in process  |  Iowans are currently advancing an amendment to the Iowa Constitution to preserve the right to keep and bear arms.[26]
Wisconsin  |  Yes  |  Section 25  |  The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.[27]
California  |  No  |  \-  |  \-
Minnesota  |  No  |  \-  |  \-
Oregon  |  Yes  |  Section 27  |  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.[28]
Kansas  |  Yes  |  Section 4  |  A person has the right to keep and bear arms for the defense of self, family, home and state, for lawful hunting and recreational use, and for any other lawful purpose; 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.[29]
West Virginia  |  Yes  |  Article 3, Section 22  |  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.[30]
Nevada  |  Yes  |  Section 11  |  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.[31]
Nebraska  |  Yes  |  Article 1  |  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.[32]
Colorado  |  Yes  |  Section 21  |  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.[33]
North Dakota  |  Yes  |  Article 1, Section 1  |  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.[34]
South Dakota  |  Yes  |  Section 24  |  The right of the citizens to bear arms in defense of themselves and the state shall not be denied.[35]
Montana  |  Yes  |  Section 12  |  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.[36]
Washington  |  Yes  |  Section 24  |  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.[37]
Idaho  |  Yes  |  Section 11  |  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.[38]
Wyoming  |  Yes  |  Section 24  |  The right of citizens to bear arms in defense of themselves and of the state shall not be denied.

[39]

Utah  |  Yes  |  Section 6  |  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.[40]
Oklahoma  |  Yes  |  Article 2, Section 26  |  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.[41]
New Mexico  |  Yes  |  Article 2, Section 6  |  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.[42]
Arizona  |  Yes  |  Section 26  |  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.[43]
Alaska  |  Yes  |  Article 1, Section 19  |  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.[44]
Hawaii  |  Yes  |  Article 1, Section 17  |  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.[45]

## References[edit]

1. ↑ The Delaware Constitution of 1897 as amended
2. ↑ CONSTITUTION of the COMMONWEALTH OF PENNSYLVANIA
3. ↑ CONSTITUTION OF THE STATE OF GEORGIA
4. ↑ CONSTITUTION OF THE STATE OF CONNECTICUT
5. ↑ Massachusetts Constitution
6. ↑ South Carolina Constitution
7. ↑ State Constitution
8. ↑ Constitution of Virginia
9. ↑ NORTH CAROLINA STATE CONSTITUTION
10. ↑ Constitution of the State of Rhode Island and Providence Plantations
11. ↑ CONSTITUTION OF THE STATE OF VERMONT
12. ↑ Kentucky Constitution
13. ↑ Tennessee Constitution
14. ↑ Ohio Constitution
15. ↑ Constitution of Louisiana
16. ↑ Constitution of the State of Indiana
17. ↑ THE CONSTITUTION OF THE STATE OF MISSISSIPPI
18. ↑ Constitution of the State of Illinois
19. ↑ Constitution Of Alabama
20. ↑ CONSTITUTION OF THE STATE OF MAINE
21. ↑ Missouri Constitution
22. ↑ CONSTITUTION OF THE STATE OF ARKANSAS
23. ↑ CONSTITUTION OF MICHIGAN
24. ↑ CONSTITUTION OF THE STATE OF FLORIDA
25. ↑ Texas Constitution and Statutes
26. ↑ With the goal of protecting a 'fundamental individual right,' Iowa's pro-gun constitutional amendment advances, January, 2021
27. ↑ ANNOTATED WISCONSIN CONSTITUTION
28. ↑ Oregon Constitution
29. ↑ Kansas Constitution
30. ↑ Constitution of West Virginia
31. ↑ THE CONSTITUTION OF THE STATE OF NEVADA
32. ↑ Nebraska Constitution
33. ↑ Colorado Constitution
34. ↑ The Constitution of North Dakota
35. ↑ South Dakota Constitution
36. ↑ THE CONSTITUTION OF THE STATE OF MONTANA
37. ↑ Washington State Constitution
38. ↑ CONSTITUTION OF THE STATE OF IDAHO
39. ↑ WYOMING CONSTITUTION
40. ↑ Utah Constitution
41. ↑ Constitution of the State of Oklahoma
42. ↑ CONSTITUTION OF THE STATE OF NEW MEXICO
43. ↑ ARIZONA STATE CONSTITUTION
44. ↑ THE CONSTITUTION OF THE STATE OF ALASKA
45. ↑ THE CONSTITUTION OF THE STATE OF HAWAII