Last updated on: 7/13/2023 | Author: ProCon.org

State Constitutional Right to Bear Arms

45 US states include the right to bear arms in the state constitutions, some for self-defense and the defense of the state. The oldest of the provisions date to 1776 in North Carolina, Pennsylvania, and Virginia (though all three have since been revised, the right remains in place). Iowa was the last state to add a right to bear arms to its constitution in 2022 when the government edited an existing article. The U.S. Constitution, which includes the right to bear arms in the Second Amendment, governs D.C., which does not have a constitution of its own.

Five states’ constitutions do not include the right to bear arms: California, Maryland, Minnesota, New Jersey, and New York.

StateText of Constitutional ProvisionDateLocation in Constitution
(historical location)
Alabama"That every citizen has a right to bear arms in defense of himself and state."1901.0Art. I, § 26
"That every citizen has a right to bear arms in defence of himself and state."1819.0Art. I, § 23
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."1994.0Art. I, § 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."1959.0Art. I, § 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"1912.0Art. II, § 26
Arkansas"The citizens of this State shall have the right to keep and bear arms for their common defense."1868.0Art. II, § 5
(Art. I, § 5 when enacted)
"That the free white men of this State shall have a right to keep and to bear arms for their common defence."1836.0Art. II, § 21
CaliforniaNo constitutional provision to bear armsn/an/a
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."1876.0Art. II, § 13
Connecticut"Every citizen has a right to bear arms in defense of himself and the state."1818.0Art. I, § 15
(Art. I, § 17 when enacted)
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."1987.0Art. I, § 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."1968.0Art. I, § 8
"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."1885.0Art. I, § 20
"The people shall have the right to bear arms in defence of themselves and of the lawful authority of the State."1868.0Art. I, § 22
"That the free white men of this State shall have a right to keep and to bear arms for their common defence."1838.0Art. I, § 21
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."1877.0Art. I, § 1, ¶ VIII
(Art. I, § XXII when enacted)
"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."1868.0Art. I, § 14
"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."1865.0Art. I, § 4
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."1959.0Art. I, § 17
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."1978.0Art. I, § 11
"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."1889.0Art. I, § 11
Illinois"Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed."1970.0Art. I, § 22
Indiana"The people shall have a right to bear arms, for the defense of themselves and the State."1851.0Art. I, § 32
"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."1816.0Art. I, § 20
Iowa"The right of the people to keep and bear arms shall not be infringed. The sovereign state of Iowa affirms and recognizes this right to be a fundamental individual right. Any and all restrictions of this right shall be subject to strict scrutiny."2022.0Art. 1, § 1A
Kansas"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."1859.0Bill of Rights § 4
(Art. I, § 4 when enacted)
Kentucky"All men are, by nature, free and equal, and have certain inherent and inalienable rights, among which may be reckoned... 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."1891.0§ 1
"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."1850.0Art. XIII, § 25
"That the rights of the citizens to bear arms in defense of themselves and the State shall not be questioned."1799.0Art. X, § 23
"That the right of the citizens to bear arms in defense of themselves and the State shall not be questioned."1792.0Art. XII, § 23
Louisiana"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"1974.0Art. I, § 11
"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."1879.0Art. 3
Maine"Every citizen has a right to keep and bear arms and this right shall never be questioned."1987.0Art. I, § 16
"Every citizen has a right to keep and bear arms for the common defence; and this right shall never be questioned."1819.0Art. I, § 16
MarylandNo constitutional provision to bear armsn/an/a
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."1780.0Pt. 1, art. 17
Michigan"Every person has a right to keep and bear arms for the defense of himself and the state."1963.0Art. I, § 6
"Every person has a right to bear arms for the defense of himself and the state."1850.0Art. XVIII, § 7
"Every person has a right to bear arms for the defence of himself and the State."1835.0Art. I, § 13
MinnesotaNo constitutional provision to bear armsn/an/a
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."1890.0Art. 3, § 12
"All persons shall have a right to keep and bear arms for their defence."1868.0Art. I, § 15
"Every citizen has a right to bear arms in defence of himself and of the State."1832.0Art. I, § 23
"Every citizen has a right to bear arms, in defence of himself and the State."1817.0Art. I, § 23
Missouri"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."2014.0Art. I, § 23
"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."1945.0Art. I, § 23
"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."1875.0Art. II, § 17
"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 lawful authority of the State cannot be questioned."1865.0Art. I, § 8
"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."1820.0Art. XIII, § 3
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."1889.0Art. II, § 12
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."1988.0Art. I, § 1
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."1982.0Art. I, § 11
New Hampshire"All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state."1982.0Pt. 1, art. 2-a
New JerseyNo constitutional provision to bear armsn/an/a
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 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."1986.0Art. II, § 6
"No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational purposes, but nothing herein shall be held to permit the carrying of concealed weapons."1971.0Art. II, § 6
"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."1912.0Art. II, § 6
New YorkNo constitutional provision to bear armsn/an/a
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."1971.0Art. I, § 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 ought not to be kept up, and the military should be kept under strict subordination to, and governed by, the civil power. Nothing herein contained shall justify the practice of carrying concealed weapons, or prevent the Legislature from enacting penal statutes against said practice."1875.0Art. I, § 24
"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."1868.0Art. I, § 24
"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."1776.0Bill of Rights, § XVII
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."1984.0Art. I, § 1
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."1851.0Art. I, § 4
"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."1802.0Art. 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."1907.0Art. II, § 26
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."1857.0Art. I, § 27
(Art. I, § 28 when enacted)
Pennsylvania"The right of the citizens to bear arms in defense of themselves and the State shall not be questioned."1790.0Art. I, § 21
(Art. IX, § 21 when enacted)
"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."1776.0Declaration of Rights, cl. XIII
Rhode Island"The right of the people to keep and bear arms shall not be infringed."1842.0Art. I, § 22
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."1895.0Art. I, § 20
"The people have a right to keep and bear arms for the common defence. 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."1868.0Art. I, § 28
South Dakota"The right of the citizens to bear arms in defense of themselves and the state shall not be denied."1889.0Art. VI, § 24
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."1870.0Art. I, § 26
"That the free white men of this State have a right to keep and to bear arms for their common defence."1834.0Art. I, § 26
"That the freemen of this State have a right to keep and to bear arms for their common defence."1796.0Art. XI, § 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."1876.0Art. I, § 23
"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."1868.0Art. I, § 13
"Every citizen shall have the right to keep and bear arms in lawful defence of himself or the State."1845.0Art. I, § 13
"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."1836.0Declaration of Rights, cl. 14
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."1984.0Art. I, § 6
"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."1896.0n/a
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."1777.0Ch. 1, 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."1971.0Art. I, § 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; 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."1776.0Art. I, § 13
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."1889.0Art. I, § 24
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."1986.0Art. III, § 22
Wisconsin"The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose."1998.0Art. I, § 25
Wyoming"The right of citizens to bear arms in defense of themselves and of the state shall not be denied."1889.0Art. I, § 24

Sources

189th General Court of the Commonwealth of Massachusetts, "Constitution of the Commonwealth of Massachusetts," malegislature.gov (accessed June 9, 2015)
Alabama Legislature, "Alabama Constitution 1901," alisonb.legislature.state.al.us (accessed May 18, 2015)
Arizona State Legislature, "Arizona Constitution," azleg.gov (accessed May 18, 2015)
Arkansas Secretary of State, "Constitution of the State Arkansas of 1874" (accessed May 18, 2015)
Colorado General Assembly, "Colorado Constitution," leg.state.co.us (accessed May 18, 2015)
Connecticut General Assembly, "Constitution of the State of Connecticut," cga.ct.gov (accessed May 18, 2015)
Giffords Law Center, "State Right to Bear Arms in California," giffords.org, Jan. 5, 2023
Giffords Law Center, "State Right to Bear Arms in Maryland," giffords.org, Jan. 5, 2023
Giffords Law Center, "State Right to Bear Arms in Minnesota," giffords,org, Jan. 5, 2023
Giffords Law Center, "State Right to Bear Arms in New Jersey," giffords.org, Sep. 15, 2021
Giffords Law Center, "State Right to Bear Arms in New York," giffords.org, Jan. 5, 2023
Hawaii Legislative Reference Bureau, "The Constitution of the State of Hawaii," lrbhawaii.org/con (accessed May 18, 2015)
Illinois General Assembly, "Constitution of the State of Illinois," ilga.gov (accessed May 18, 2015)
Indiana General Assembly, "Current Indiana Constitution as Amended 2010," iga.in.gov, 2010
Iowa Publications, "History and the Constitution: Constitution of the State of Iowa," publications.iowa.gov (accessed May 18, 2015)
Iowa State Legislature, "1857 Constitution of the State of Iowa — Codified," legis.iowa.gov (accessed Feb. 21, 2023)
Kansas State Library, "Kansas Bill of Rights," kslib.info/826/Kansas-Bill-of-Rights (accessed May 18, 2015)
Kentucky Legislature, "Kentucky Constitution," lrc.ky.gov (accessed May 18, 2015)
Louisiana State Senate, "Louisiana Constitution of 1974," senate.legis.state.la.us (accessed June 9, 2015)
Maine State Legislature, "Constitution of the State of Maine: 2013 Arrangement," legislature.maine.gov/const, 2013
Michigan Legislature, "Michigan Constitution of 1963," legislature.mi.gov, June 8, 2015
Missouri General Assembly, "Missouri Constitution," moga.mo.gov (accessed June 9, 2015)
Montana Judicial Branch, "The Constitution of the State of Montana," courts.mt.gov (accessed June 9, 2015)
Nebraska Legislature, "Nebraska State Constitution," nebraskalegislature.gov (accessed June 9, 2015)
Nevada Legislature, "The Constitution of the State of Nevada," leg.state.nv.us (accessed June 9, 2015)
New Hampshire Government, "State Constitution," nh.gov (accessed June 9, 2015)
New Mexico Secretary of State, "Constitution," sos.state.nm.us, 2013
North Carolina General Assembly, "North Carolina State Constitution," ncga.state.nc.us (accessed June 9, 2015)
North Dakota Legislative Branch, "Constitution," legis.nd.gov (accessed June 9, 2015)
Office of the Lieutenant Governor, "Alaska Constitution," ltgov.alaska.gov (accessed May 18, 2015)
Official California Legislative Information, "California Constitution," leginfo.ca.gov (accessed May 18, 2015)
Official Site of the Tennessee Government, "Tennessee Blue Book," tennessee.gov (accessed June 12, 2015)
Oklahoma State Legislature, "Oklahoma Constitution Articles," oklegislature.gov (accessed June 12, 2015)
Online Sunshine, "The Florida Constitution," leg.state.fl.us (accessed May 18, 2015)
Oregon State Legislature, "Oregon Constitution 2014 Edition," oregonlegislature.gov (accessed June 12, 2015)
Pennsylvania General Assembly, "Constitution of the Commonwealth of Pennsylvania," legis.state.pa.us
Secretary of State of the State of Mississippi, "The Constitution of the State of Mississippi," sos.state.ms.us (accessed June 9, 2015)
Secretary of State, "Constitution of the State of Georgia," sos.ga.gov (accessed May 18, 2015)
South Carolina Legislature, "South Carolina Constitution," scstatehouse.gov (accessed June 12, 2015)
South Dakota Legislature, "Constitution," legis.sd.gov (accessed June 12, 2015)
State of Delaware, "The Delaware Constitution of 1897 as Amended," delcode.delaware.gov (accessed May 18, 2015)
State of Idaho USA Legislature, "Constitution of the State of Idaho," legislature.idaho.gov (accessed May 18, 2015)
State of Rhode Island General Assembly, "Constitution of the State of Rhode Island and the Providence Plantations," rilin.state.ri.us (accessed Jun 12, 2015)
Texas Constitution and Statutes, "The Texas Constitution," constitution.legis.state.tx.us (accessed June 12, 2015)
Utah State Legislature, "Title Constitution," le.utah.gov (accessed June 12, 2015)
Vermont General Assembly, "Constitution of the State of Vermont," legislature.vermont.gov (accessed June 12, 2015)
Virginia's Legislative Information System, "Constitution of Virginia," constitution.legis.virginia.gov (accessed June 12, 2015)
Eugene Volokh, "State Constitutional Right to Keep and Bear Arms Provisions," www2.ucla.edu/volokh/beararms/statecon.htm, 2006
Washington State Legislature, "Washington State Constitution," leg.wa.gov (accessed June 12, 2015)
West Virginia Legislature, "Constitution of West Virginia," legis.state.wv.us (accessed June 12, 2015)
Wisconsin State Legislature, "Wisconsin Constitution," legis.wisconsin.gov (accessed June 12, 2015)
Wyoming Legislative Services Office, "Wyoming Constitution," legisweb.state.wy.us (accessed June 12, 2015)