definition of arms?

[quote=AbsoluteApril;1563878]I support the right for people to have 'arms', I also support limits on what firearms can be had as well as mandatory waiting periods/background checks.
[quote]

So tell me, how would you define the term "infringe"?

Originally Posted by AbsoluteApril

Sorry if my post is all over the place

From Daily Show: Coming for Your Guns - President Obama issues executive orders aimed at controlling assault weapons (5:39min)
http://www.thedailyshow.com/watch/th...-for-your-guns
"first they came for our guns and I said nothing, because they really didn't"

from Colbert report: Obama's Gun Grab - King Gun Snatcher the Magnificent (2:52min)
http://www.colbertnation.com/the-col...ama-s-gun-grab

Wanted to share an interesting post my dad had made on another forum that may be relevant to the discussion:

I doubt that above quote is accurate in it's interpretation of the Second Amendment. As pointed out in Dennis's post, the US Constitution and subsequent amendments were created with the intention of protecting THE PEOPLE and the states from the new federal government that was being created. It seems HIGHLY unlikely that the Second Amendment was created completely isolated and directly opposed to the intent of the other amendments by being designed to protect the federal government from the states (and thereby THE PEOPLE of those states) that were creating this new federal entity.

The other reason the Second Amendment (actually originally the Fourth, but the first two were shot down) was so that slave states like Virginia would vote for ratification, as it protected the rights of their slave-capture posses to remain armed even if abolitionist factions in their States tried to disarm them. It protected the rights of slave catchers to ride around toting weapons.

To go one point further than what Rich mentioned. Why choose this as "the other reason" as if it was the solid fact and no other. States were also concerned about a standing federal army and the rights of the state militia.

The fact is many brought forth varying concerns. Not just slave states. Even the ACLU and other groups not fond of individual gun rights claim today or put out papers that the second was to halt concerns by the states of the above and does not apply to individuals..

You see the anti-federalist are the ones that demanded the Bill Of Rights.

While Madison was a Virginian himself and a slave owner and he used the Virginia Declaration of Rights in his drafting it had nothing to do with slaves.

That whole point is construed and not factual from a original source. I would ask show me the original source and confirmation. You can't do it because it is only conjecture and interpretation.

This is Virginia's Declaration of Rights 1776

inherent rights of men, including the right to rebel against "inadequate" government.

A DECLARATION OF RIGHTS made by the Representatives of the good people of VIRGINIA, assembled in full and free Convention; which rights do pertain to them and their posterity, as the basis and foundation of Government.

I. That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.

II. That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them.

III. That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation or community; of all the various modes and forms of government that is best, which is capable of producing the greatest degree of happiness and safety and is most effectually secured against the danger of maladministration; and that, whenever any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, unalienable, and indefeasible right to reform, alter or abolish it, in such manner as shall be judged most conducive to the public weal.

IV. That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which, not being descendible, neither ought the offices of magistrate, legislator, or judge be hereditary.

V. That the legislative and executive powers of the state should be separate and distinct from the judicative; and, that the members of the two first may be restrained from oppression by feeling and participating the burthens of the people, they should, at fixed periods, be reduced to a private station, return into that body from which they were originally taken, and the vacancies be supplied by frequent, certain, and regular elections in which all, or any part of the former members, to be again eligible, or ineligible, as the laws shall direct.

VI. That elections of members to serve as representatives of the people in assembly ought to be free; and that all men, having sufficient evidence of permanent common interest with, and attachment to, the community have the right of suffrage and cannot be taxed or deprived of their property for public uses without their own consent or that of their representatives so elected, nor bound by any law to which they have not, in like manner, assented, for the public good.

VII That all power of suspending laws, or the execution of laws, by any authority without consent of the representatives of the people is injurious to their rights and ought not to be exercised.

VIII That in all capital or criminal prosecutions a man hath a right to demand the cause and nature of his accusation to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of his vicinage, without whose unanimous consent he cannot be found guilty, nor can he be compelled to give evidence against himself; that no man be deprived of his liberty except by the law of the land or the judgement of his peers.

IX That excessive bail ought not to be required, nor excessive fines imposed; nor cruel and unusual punishments inflicted.

X That general warrants, whereby any officer or messenger may be commanded to search suspected places without evidence of a fact committed, or to seize any person or persons not named, or whose offense is not particularly described and supported by evidence, are grievous and oppressive and ought not to be granted.

XI That in controversies respecting property and in suits between man and man, the ancient trial by jury is preferable to any other and ought to be held sacred.

XII That the freedom of the press is one of the greatest bulwarks of liberty and can never be restrained but by despotic governments.

XIII 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 be governed by, the civil power.

XIV That the people have a right to uniform government; and therefore, that no government separate from, or independent of, the government of Virginia, ought to be erected or established within the limits thereof.

XV That no free government, or the blessings of liberty, can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality, and virtue and by frequent recurrence to fundamental principles.

XVI That religion, or the duty which we owe to our Creator and the manner of discharging it, can be directed by reason and conviction, not by force or violence; and therefore, all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practice Christian forbearance, love, and charity towards each other.

Adopted unanimously June 12, 1776 Virginia Convention of Delegates drafted by Mr. George Mason

Bill of Rights 1689

The Bill of Rights laid out certain basic rights for (at the time) all Englishmen. The Act set out that there should be:

no royal interference with the law. Though the sovereign remains the fount of justice, he or she cannot unilaterally establish new courts or act as a judge.
no taxation by Royal Prerogative. The agreement of the parliament became necessary for the implementation of any new taxes
freedom to petition the monarch without fear of retribution
no standing army may be maintained during a time of peace without the consent of parliament.[7]
no royal interference in the freedom of the people to have arms for their own defence as suitable to their class and as allowed by law (simultaneously restoring rights previously taken from Protestants by James II)
no royal interference in the election of members of parliament
the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament
"grants and promises of fines or forfeitures" before conviction are void
no excessive bail or "cruel and unusual" punishments may be imposed

So two separate drafting items used in Our Bill Of Rights both contained

Right to Arms and to affirm individual liberty.

But ours doesn't mean that. The second is to protect the Feds and the dirty slave owners. I guess if you want to demonize people...


I'm sure bias doesn't have anything to do wit it

Besides the fact that no one needs such weapons for any legitimate purpose

Another statement not fact, stated as fact but just personal opinion.

Danny Glover made a big stink about this a couple of days ago. Here is the only other person I can find that previously brought this up as of late

That theory that the Second Amendment was included in the Bill of Rights to put down slave rebellions was recently resurrected by bestselling author and radio host Thom Hartmann, who said Virginia wouldn’t ratify the Constitution without a guarantee that it would have some way to keep slaves in check.

It is that, A theory. Nothing more. I watched a piece done by Hartman on statements made my Patrick Henry and others and why he came to that conclusion. It was extremely biased by his partisan positions on everything. It was also filled with conjecture and theory as to how that amendment came to light and the precise wording.

Of course now it's being stated as fact that Mr. Glover says it is so at Texas A&M. It went hand in hand with his statements that we are nothing more than a big racist society today.

everyone's expressing opinions.

Originally Posted by WebSlave

I doubt that above quote is accurate in it's interpretation of the Second Amendment. As pointed out in Dennis's post, the US Constitution and subsequent amendments were created with the intention of protecting THE PEOPLE and the states from the new federal government that was being created. It seems HIGHLY unlikely that the Second Amendment was created completely isolated and directly opposed to the intent of the other amendments by being designed to protect the federal government from the states (and thereby THE PEOPLE of those states) that were creating this new federal entity.

My dad replied - "It's not to protect the people from the government, it's about creating the government from the people. Read what James Madison said. The 2nd amendment intent is to specifically protect federal sovereignty*."

Take into consideration the motivations of those that created this are vastly different from the current state of affairs.

The slave issue was simply brought up to try to point out political motivations are no different than they are now.

*"Federal sovereignty" is the extension of authority by a federation or group of governments, where the prerogatives of the group supercede those of the individual member states. One example under the US Constitution is the supremacy of Federal courts in decisions over laws, rights, and interstate commerce. Another would be the issuance of the national currency

there is Bias in this essay (esp the title) but the research behind it seems sound: http://constitution.org/mil/embar2nd.htm

I do not wish to continue to speak for my dad as I feel he knows a lot more about this subject that I do and I do not want anything 'lost in translation'.

Its interesting to look at each state Constitution as well. I didn't vet this. It was compiled by someone else. But let's us simply look at the free states at the time and what their own individual state constitutions stated. If anything most states have simply strengthened their stance. So all the states came together with their own state constitutions such as

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).

[Self-defense right explicitly protected.]

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).

[Individual right explicitly protected; provision enacted in 1994, when the individual right to bear arms was generally understood as aimed at protecting self-defense.]

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).

[Self-defense right explicitly protected.]

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.

[Self-defense right protected, Arkansas Game and Fish Com'n v. Murders, 327 Ark. 426 (1997); Wilson v. State, 33 Ark. 557 (1878).]

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).

[Self-defense right explicitly protected.]

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.

[Self-defense right explicitly protected.]

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).

[Self-defense right explicitly protected.]

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.

[Self-defense right protected, Alexander v. State, 450 So.2d 1212 (Fla. App. 1984).]

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.

[Self-defense right protected, McCoy v. State, 157 Ga. 767 (1924).]

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 1959).

[No decision about whether self-defense right right is protected.]

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.

[Self-defense right protected, In re Brickey, 70 P. 609 (Idaho 1902).]

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).

[Self-defense right protected, Kalodimos v. Village of Morton Grove, 470 N.E.2d 266, 273 (Ill. 1984).]

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.

[Self-defense right protected, Kellogg v. City of Gary, 562 N.E.2d 685, 694 (Ind. 1990).]

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).

[Interpreted as collective right only, City of Salina v. Blaksley, 83 P. 619 (Kan. 1905), adhered to by City of Junction City v. Lee, 532 P.2d 1292 (Kan. 1975). But see City of Junction City v. Mevis, 601 P.2d 1145, 1151 (Kan. 1979) (striking down a gun control law, challenged by an individual citizen, on the grounds that it was “unconstitutionally overbroad,” and thus implicitly concluding that the right to bear arms did indeed belong to individual citizens).]

Kentucky: All men are, by nature, free and equal, and have certain inherent and inalienable rights, among which may be reckoned: ...
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.

[Self-defense right protected, State v. Chaisson, 457 So.2d 1257, 1259 (La. App. 1984).]

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.

[Self-defense right protected, State v. Brown, 571 A.2d 816 (Me. 1990).]

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).

[Interpreted as collective right only, Commonwealth v. Davis, 343 N.E.2d 847 (Mass. 1976).]

Michigan: Every person has a right to keep and bear arms for the defense of himself and the state. Art. I, § 6 (enacted 1963).
1835: "Every person has a right to bear arms for the defence of himself and the State." Art. I, § 13.
1850: "Every person has a right to bear arms for the defense of himself and the state." Art. XVIII, § 7.

[Self-defense right explicitly protected.]

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.

[Self-defense right explicitly protected.]

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.

[Self-defense right explicitly protected.]

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).

[Self-defense right explicitly protected.]

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. Art. I, § 1 (right to keep and bear arms enacted 1988).

[Self-defense right explicitly protected.]

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).

[Self-defense right explicitly protected.]

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).

[Self-defense right explicitly protected.]

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.

[Self-defense right explicitly protected.]

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."

[Self-defense right protected, State v. Kerner. 107 S.E. 222, 225 (N.C. 1921).]

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).

[Self-defense right explicitly protected.]

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.

[Self-defense right protected, Arnold v. Cleveland, 616 N.E.2d 163, 169 (Ohio 1993).]

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).

[Self-defense right explicitly protected.]

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).

[Self-defense right protected, State v. Hirsch, 114 P.3d 1104, 1110 (Ore. 2005).]

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.

[Self-defense right protected, Sayres v. Commonwealth, 88 Pa. 291 (1879).]

Rhode Island: The right of the people to keep and bear arms shall not be infringed. Art. I, § 22 (enacted 1842).

[Self-defense right protected, Mosby v. Devine, 851 A.2d 1031, 1043 (R.I. 2004).]

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.

[Right treated as an individual right, apparently aimed at least partly at self-defense, State v. Johnson, 16 S.C. 187 (1881);

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).

[Self-defense right protected, Conaty v. Solem, 422 N.W.2d 102, 104 (S.D. 1988).]

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.

[Self-defense right protected, State v. Foutch, 34 S.W. 1, 1 (Tenn. 1896).]

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.

[Self-defense right explicitly protected.]

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."

[Self-defense right explicitly protected.]

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).

[Self-defense right protected, State v. Rosenthal, 55 A. 610 (Vt. 1903).]

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).

[Self-defense right explicitly protected.]

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).

[Self-defense right explicitly protected.]

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).

[Self-defense right protected, State v. Fisher, 714 N.W.2d 495 (Wisc. 2006).]

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).

[Self-defense right protected, State v. McAdams, 714 P.2d 1236, 1238 (Wyo. 1986).]

There are a few states that offer no protection in their on State Constitutions. There are many in the original 13 that did.

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.

Ratification of the Constitution by the State of Rhode Island; May 29, 1790

Ratification of the Constitution, by the Convention of the State of Rhode-Island and Providence Plantations

We the Delegates of the People of the State of Rhode-Island, and Providence Plantations, duly elected and met in Convention, having maturely considered the Constitution for the United States of America, agreed to on the seventeenth day of September, in the year one thousand seven hundred and eighty seven, by the Convention then assembled at Philadelphia, in the Commonwealth of Pennsylvania (a Copy whereof precedes these presents) and having also seriously and deliberately considered the present situation of this State, do declare and make known

In That there are certain natural rights, of which men when they form a social compact, cannot deprive or divest their posterity, among which are the enjoyment of Life and Liberty, with the means of acquiring, possessing and protecting Property, and pursuing and obtaining happiness and safety.

2d That all power is naturally vested in, and consequently derived from the People; that magistrates therefore are their trustees and agents, and at all times amenable to them.

3d That the powers of government may be reassumed by the people, whensoever it shall become necessary to their happiness:- That the rights of the States respectively, to nominate and appoint all State Officers, and every other power, jurisdiction and right, which is not by the said constitution clearly delegated to the Congress of the United States or to the departments of government thereof, remain to the people of the several states, or their respective State Governments to whom they may have granted the same; and that those clauses in the said constitution which declare that Congress shall not have or exercise certain powers, do not imply, that Congress is entitled to any powers not given by the said constitution, but such clauses are to be construed as exceptions to certain specified powers, or as inserted merely for greater caution.

4th That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, and not by force or violence, and therefore all men, have an equal, natural and unalienable right to the free exercise of religion, according to the dictates of conscience, and that no particular religious sect or society ought to be favoured, or established by law in preference to others.

5th That the legislative, executive and judiciary powers of government, should be separate and distinct, and that the members of the two first may be restrained from oppression, by feeling and participating the publick burthens, they should at fixed periods be reduced to a private station, return into the mass of the people, and the vacancies be supplied by certain and regular elections, in which all, or any part of the former members, to be eligible or ineligible, as the rules of the constitution of government and the laws shall direct.

6th That elections of representatives in legislature ought to be free and frequent, and all men having sufficient evidence of permanent common interest with, and attachment to the community ought to have the right of suffrage, and no aid, charge tax or fee can be set, rated or levied upon the people, without their own consent or that of their representatives so elected, nor can they be bound by any law, to which they have not in like manner assented for the publick good.

7th That all power of suspending laws or the execution of laws, by any authority without the consent of the representatives of the people in the legislature, is injurious to their rights, and ought not to be exercised.

8th That in all capital and criminal prosecutions, a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence and be allowed counsel in his favour, and to a fair and speedy trial by an impartial jury of his vicinage, without whose unanimous consent he cannot be found guilty; (except in the government of the land and naval forces) nor can he be compelled to give evidence against himself.

9th That no freeman ought to be taken, imprisoned or disseised of his freehold, liberties, privileges, or franchises, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty or property but by the trial by jury, or by the law of the land.

10th That every freeman restrained of his liberty, is intitled to a remedy, to enquire into the lawfulness thereof, and to remove the same if unlawful, and that such remedy ought not to be denied or delayed.

11th That in controversies respecting property, and in suits between man and man the antient trial by jury, as bath been exercised by us and our ancestors, from the time whereof the memory of man is not to the contrary, is one of the greatest securities to the rights of the people, and ought to remain sacred and inviolate.

12th That every freeman ought to obtain right and justice, freely and without sale, completely and without denial, promptly and without delay, and that all establishments or regulations contravening these rights, are oppressive and unjust.

13th That excessive bail ought not to be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted.

14th That every person has a right to be secure from all unreasonable searches and seisures of his person, his papers or his property, and therefore that all warrants to search suspected places or seise any person, his papers or his property, without information upon oath, or affirmation, of sufficient cause, are grievous and oppressive, and that all general warrants for such in which the place or person suspected, are not particularly designated,) are dangerous, and ought not to be granted.

15th That the people have a right peaceably to assemble together, to consult for their common good, or to instruct their representatives; and that every person has a right to petition or apply to the legislature for redress of grievances.

16th That the people have a right to freedom of speech and of writing, and publishing their sentiments, that freedom of the press is one of the greatest bulwarks of liberty, and ought not to be violated.

17th That the people have a right to keep and bear arms, that a well regulated militia, including the body of the people capable of bearing arms, is the proper, natural and safe defence of a free state; that the militia shall not be subject to martial law except in time of war, rebellion or insurrection; that standing armies in time of peace, are dangerous to liberty, and ought not to be kept up, except in cases of necessity; and that at all times the military should be under strict subordination to the civil power; that in time of peace no soldier ought to be quartered in any house, without the consent of the owner, and in time of war, only by the civil magistrate, in such manner as the law directs.

18th That any person religiously scrupulous of bearing arms, ought to be exempted, upon payment of an equivalent, to employ another to bear arms in his stead.

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).

It's interesting to go down that list and see what states disagree with that inherit right or make no provision for it today.

There are only five States, 5 and most come as no surprise.

California: No provision.
New York: No provision.
New Jersey: No provision.
Maryland: No provision.
Minnesota: No provision.
Iowa: No provision.

So where are the States today on this concept? If we go by the States that were suppose to appoint Senators to the Legislative Branch to allow representation on state interests and state sovereignty and represent the state in Congress, and elect representatives of the people of each state to the house, there is a overwhelming support by the people to keep and bear arms and self defense.

Now we have simply become a nation of parties with diminished power of the states. The right to bear arms and self defense still has a majority by representation in congress and the people.

As much as California and New York think they have the people that support restrictions and redefining, they simply don't with the whole of this country.

interesting read

http://thegrio.com/2013/01/11/nra-wa...lack-panthers/

Well, that was a lot more information than I'd bargained for! Thanks to everyone for such well thought out and detailed discussions. It's certainly not a simple situation.

I have another simplistic question, and I'll apologise in advance if it's a stupid one...

What I do seem to get from many of the quotations is that the original concept of bearing arms was to form a militia so that there did NOT HAVE TO BE A STANDING ARMY IN TIMES OF PEACE.

So - could that be read to mean that either a large portion of the standing army could be disbanded because there are plenty of armed citizens, or that the citizenry does not need to be armed because there currently is a large standing army?

Originally Posted by Helenthereef

So - could that be read to mean that either a large portion of the standing army could be disbanded because there are plenty of armed citizens, or that the citizenry does not need to be armed because there currently is a large standing army?

Hehe, Almost like asking Chicken or the egg.

take note of the exclusion regarding the American Indians racial arms oppression