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Old November 14th, 2019, 08:19 AM #1
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rkba in state constitutions?

Virginia has it. Anyone know which & how many other states have RKBA in their Constitutions?
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Old November 14th, 2019, 08:24 AM #2
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Here, with history and date of ratification:

http://www2.law.ucla.edu/volokh/beararms/statecon.htm
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Old November 14th, 2019, 08:28 AM #3
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Looks to be 40 states.

https://www.guntrustlawyer.com/39-st...onstitutional/
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Old November 14th, 2019, 08:42 AM #4
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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.
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Old November 14th, 2019, 08:45 AM #5
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Quote:
Originally Posted by Doctor_M View Post
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.
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Old November 14th, 2019, 10:23 AM #6
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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.
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Old November 14th, 2019, 10:40 AM #7
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Quote:
Originally Posted by davsco View Post
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.
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Old November 14th, 2019, 06:38 PM #8
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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.
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Old November 15th, 2019, 01:28 AM #9
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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.
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Old November 15th, 2019, 07:13 AM #10
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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.
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