tejek,
re: The states have always railed against the power of Washington. So its not surprising to me that some states' constitutions are not in lock step with the US Constitution.
The Constitutions or more accurately the States individual Bill's of Right's are written in "plain English" and in almost every state says something to effect:
The right of the individual citizen to bear arms in defense of himself or the state shall not be impaired.
Some people, including the 5th Circuit Court of appeals thinks the Right is in "plain English" in the Bill of Right's as well. The 1939 SC ruling gave neither side in the gun debate a clear victry, it's never been crystal clear what their position really is on this Right.
This is not an issue of States Right's and a fight with the powers of Washington. These are explicitly the Right's of the citizens, individually.
Looking forward to the day the SC must actually rule on this Right. Though it really doesn't matter as gun control to some degree will always exist.
Alabama
legislature.state.al.us
SECTION 26
Right to bear arms.
That every citizen has a right to bear arms in defense of himself and the state.
Alaska
gov.state.ak.us
SECTION 19. RIGHT TO KEEP AND BEAR ARMS. 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.
Arizona
azleg.state.az.us
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.
Arkansas
arkleg.state.ar.us
Sec. 5. Right to bear arms.
The citizens of this State shall have the right to keep and bear arms for their common defense.
California
leginfo.ca.gov
Surprise they don't even mention a militia.
Colorado
leg.state.co.us
Right of arms. 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.
Connecticut
sots.state.ct.us
SEC. 15. Every citizen has a right to bear arms in defense of himself and the state.
Delaware
state.de.us
§20. Right to keep and bear arms.
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. (4-16-87)
Florida
leg.state.fl.us
SECTION 8. Right to bear arms.--
(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.
History.--Am. C.S. for S.J.R. 43, 1989; adopted 1990.
Georgia
law.emory.edu
Paragraph VIII. Arms, right to keep and bear.
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.
Hawaii
hawaii.gov
RIGHT TO BEAR ARMS
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. [Ren Const Con 1978 and election Nov 7, 1978]
Idaho
www3.state.id.us
SECTION 11. RIGHT TO KEEP AND BEAR ARMS. 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.
Illinois
legis.state.il.us
SECTION 22. RIGHT TO ARMS
Subject only to the police power, the right of the
individual citizen to keep and bear arms shall not be
infringed.
(Source: Illinois Constitution.)
Indiana
law.indiana.edu
Section 32. The people shall have a right to bear arms, for the defense of themselves and the State.
Iowa
Kansas
skyways.lib.ks.us
4. Bear arms; armies. 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.
Kentucky
lrc.state.ky.us
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.
Louisiana
senate.legis.state.la.us
11. Right to Keep and Bear Arms
Section 11. 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.
Maine
janus.state.me.us
Section 16. To keep and bear arms. Every citizen has a right to keep and bear arms and this right shall never be questioned.
Maryland
mdarchives.state.md.us
Section 16. To keep and bear arms. Every citizen has a right to keep and bear arms and this right shall never be questioned.
Massachusetts
state.ma.us
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.
Ran out of time for the following, but you can look here: findlaw.com
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
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Oregon
Pennsylvania
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South Carolina
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