rkba in state constitutions?

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • davsco

    Ultimate Member
    Oct 21, 2010
    8,607
    Loudoun, VA
    Virginia has it. Anyone know which & how many other states have RKBA in their Constitutions?
     

    Doctor_M

    Certified Mad Scientist
    MDS Supporter
    Thankfully, this is an irrelevant issue since all states are bound by the US Constitution, so even if you live in a freedom hating state like MD, we are still covered. Now, if only Congress would learn to read the Constitution, we would be in better shape.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Thankfully, this is an irrelevant issue since all states are bound by the US Constitution, so even if you live in a freedom hating state like MD, we are still covered. Now, if only Congress would learn to read the Constitution, we would be in better shape.

    Not quite. The Supreme Court has not decided the scope of the 2nd amendment. It may well turn out that some states have much broader protections than the Federal Constitution. In fact, this is likely since some states have quite specific statements (see #2). Many states enacted their provision in the 1970s. The Supreme Court would be looking at the scope of the Federal Document in the 1790s, not 1970s. If you live in such a state the state constitution would apply.
     

    davsco

    Ultimate Member
    Oct 21, 2010
    8,607
    Loudoun, VA
    interesting all the states that have 2a in their constitutions. when you have the national 2a, and then the states also affirming that right, hard to play that down.

    and virginia added language as recently as 1971, so well after the single-shot and blackpowder days.
     

    Uncle Duke

    Ultimate Member
    MDS Supporter
    Feb 2, 2013
    11,667
    Not Far Enough from the City
    interesting all the states that have 2a in their constitutions. when you have the national 2a, and then the states also affirming that right, hard to play that down.

    and virginia added language as recently as 1971, so well after the single-shot and blackpowder days.

    Hard to play down, from a court perspective? It would seem so, yes.

    They say however, that we get the government we deserve. Debatable perhaps, but what's truly sad is that it is clear that, even at the state level, these rights were deemed to have been so very important as to receive clear and specific mention. Were they held with the same high esteem by the citizens for whom they were written, not a politician or a judge alive would dare speak against them.
     

    rambling_one

    Ultimate Member
    MDS Supporter
    Oct 19, 2007
    6,726
    Bowie, MD
    The question of 2A inclusion was debated during the writing of the MD Constitution. A Baltimore lawyer (surprise) argued it would be redundant since the COTUS was quite clear. He prevailed and the rest is history.
     

    adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,514
    DE
    The question of 2A inclusion was debated during the writing of the MD Constitution. A Baltimore lawyer (surprise) argued it would be redundant since the COTUS was quite clear. He prevailed and the rest is history.

    A Dem in DE (with a D majority) declined to bring to a vote a bill that was blatantly unconstitutional and explicitly referenced DE's RKBA clause in refusing to do so.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    List is incomplete. I know WV has one.
    I think it's more like 44 states. But keep in mind some states like MA have basically made theirs irrelevant by their courts ruling it's all about the state militia.

    right, and this is an important point. For example Even though VA is pretty explicit, it was interpreted as a "collective" right from 1993-2006.

    No decision about whether self-defense right right is protected. Compare 1993 Va. Op. Atty. Gen. 13 (construing the right as collective) with 2006 WL 304006 (Va. Op. Atty. Gen.) (construing the right as individual).

    West Virginia is on Volokh's list (post #2), the constitutional RKBA was enacted in 1986.
     

    Users who are viewing this thread

    Latest posts

    Forum statistics

    Threads
    274,944
    Messages
    7,259,762
    Members
    33,350
    Latest member
    Rotorboater

    Latest threads

    Top Bottom