There are six states with constitutions that don’t explicitly protect the right of the people to keep and bear arms. The last state to add such a protection was Wisconsin, in 1998. The last stage of the process to amend the Badger State’s founding document was via a referendum and it passed with an overwhelming 74% of the vote. The sorry six that still lack enshrinement of the RKBA are listed below. And it won’t surprise you that these states are some of the least supportive of gun ownership and Second Amendment rights . . .

New York: Dominated by New York City politics, New York has often taken the lead in introducing and passing egregiously restrictive gun laws. The first significant one was in 1911, the infamous Sullivan Act, ostensibly designed to fight organized crime. The latest is the so called “SAFE Act” passed with out debate in the middle of the night. New York is ranked 50th by Guns & Ammo and gets an A-  on the most recent Brady Campaign scorecard.

New Jersey: Garden State gun laws start with the premise that everything to do with guns is illegal. The state then tells you under what very restrictive conditions you may own, shoot, transport, or — for a tiny group, mostly judges and retired police officers — carry a gun. New Jersey is ranked 49th by G&A,  A- on the Brady scorecard.

California: California has a long and distinguished history of legislation designed to keep minorities disarmed. The Golden State is the only state in recent years to (mostly) ban the open carry of firearms and is ranked 47th by G&A with another A- by the Brady Center.

Maryland: One of the few remaining “may issue” states, Maryland’s gun laws are some of the most restrictive in the nation thanks largely to the efforts of Governor Martin O’Malley. Maryland is ranked 43rd by G&A,  A-  by the Bradys.

Minnesota: Despite the oversight in  its constitution, Minnesota’s gun law could be far worse, keeping it out of the bottom 10 on Guns & Ammo’s listing. The state has a well-organized state-level Second Amendment supporter movement. Minnesota is ranked 39th by G&A and gets an average C on the Brady scorecard.

Iowa: While Iowa is a middle-of-the-road state on firearms restrictions, it was one of the last to pass “shall issue” legislation.  Iowa is ranked 38th by G&A, and received a C- by the Bradys.

It’s clear that state constitutions offer some protection for your rights. Several ballot measures this year are meant to strengthen a states constitutional protections. The most recent of these passed in Missouri. Alabama’s Amendment 3 will be on the ballot in a few days. Kinda makes you wonder how the vote would go if support for the RKBA would be put to a vote in the Empire State. But that’s just kooky talk.

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Gun Watch

91 Responses to The Six States With No Constitutional Right to Keep and Bear Arms

    • The Sullivan Act was designed to *protect* organized crime. “Big Tim Sullivan” was a major organized crime figure and one of the leaders of the Tammany Hall corrupt political machine. The linked article gives details.

      • The New York State constitution doesn’t mention the right to keep and bear arms. It can be found in the NY State Civil Rights Law. But if you live in NY City you most likely will NOT receive an unrestricted carry permit for hand guns. You could get a permit for your home or security guard or target/hunting, and it is good throughout the state.

  1. This mornings polls show the Maryland governors race too close to call.
    Joni Ernst (rides a Harley and carries) is rockin in Iowa. Up by 7 points.
    Maybe we are getting some change. I hope….

  2. The US constitution trumps state constitutions. Otherwise it’s just tyranny of the majority. Individual rights are the law of the land.

    • Without enforcement, laws are just words on paper or pixels on a computer screen. The Constitution means nothing without men and women to support and defend it. Hence CA, NY, NJ and others have very little 2A rights, and will have even less in the future.

      • Here in Hawaii, we have the RKBA written into the state constitution (Article 1, Section 15) that reads just like the 2nd amendment. And yet, well… Hawaii.

        Constitutions ARE just words on paper. They mean absolutely nothing because they can be “interpreted” however the politicians see fit. It’s all about politics now.

    • States Rights advocates would argue strongly (and in many cases correctly) that the Constitution of the United States of America does NOT automatically supersede state constitutions in every and all cases. They would argue that the U.S. Constitution is specific to the federal government created by the states and that its provisions therefore apply to that federal government.

      That said…those original 13 states created the government they considered the best that could be and then created the Bill of Rights to ensure that certain enumerated natural, civil, and now Constitutionally protected rights would be protected. Two points need to be mentioned:

      1. They considered these rights important enough to be enshrined in their new constitution as forever exempt from government restrictions and/or controls (nice try), and
      2. Each and every state, the original thirteen and every one since, has agreed to be bound by the U.S. Constitution.

      I am not some whoop-dee-doo Constitutional scholar, but in my not so humble opinion it would seem that by that action they were agreeing to abide by those enumerated Bill of RIghts and historically they have in fact agreed not to infringe on ANY of those rights EXCEPT the RKBA. It would seem that whether or not a state constitution listed an RKBA the provisions of the federal Constitution Bill of RIghts would still apply just as they do in freedom of religion, free speech, etc.

      I could go on, but I think that makes my point.

    • US Constitution overrides state constitutions whenever they are in conflict (i.e. when the US Constitution explicitly declares some limitation on state power). It doesn’t override it on every single thing.

      Regardless of that, there’s no harm in having additional protections on state level. On federal level, with the present political system, interpretation of the Constitution is pretty much whatever SCOTUS wills it to be at any particular point, and it has become a notoriously politicized body. Don’t think that just because of Heller and McDonald decisions, your rights are secure in perpetuity. Should there be a reversal, you will be very glad that there is a constitutional protection of your rights on state level – it won’t stop the feds from legislating, sure, but most gun legislation lately has been on state level, and state constitutions protect against that.

      • SCOTUS has actually ruled that state constitutions can provide broader protections than the Federal Constitution. For example, a state constitution could mandate court-appointed attorneys for all defendants in any case in which the government is a party, instead of just for indigent defendants in criminal cases as the Sixth Amendment is currently interpreted. So presumably, state constitutions could conceptually provide greater RKBA protection than the 2nd Amendment as currently interpreted. Which, come to think of it, some apparently do.

    • I wonder why people don’t read the bill of rights. If they would read the 10th amendment it is clear about states rights in their constitution. The 2nd amendment sets the law about guns in the United States of America. But then again, I guess America has become so damn dumb, to include the non-american people in DC, they can read any more…

    • Yes but if a state amendment is written better, like the one mentioned in the post, its citizens are better off.

    • If you knew anything about The Constitution, you would not have said that. The powers enshrined in the Constitution for the Federal government are few and defined. The powers of the States is “everything else”. The only time The Constitution trumps state constitution is when there is conflict in those few and defined powers.

      Now that we have that clear, let’s argue about whether or not the bill of rights was ever meant to apply to the states.

    • Sorry Your remark about US / Federal Constitution is over State Constitution . Is 100% incorrect. The true order of Power and Authority give Local Law the supreme of\ver State and State Power over Federal Constitution. All States are independent of the federal governments any thing. The States have supreme Sovereign Rights through the States constitutions all day long. This is how the Forefathers set this country up. So not one person or individual could rule over this country like a king. Our Forefathers fought to break away from THE King like rule and made sure that the States were set up in a way, that the Federal Government could not just take over. And they knew if every state was independent and supreme by that idea. the Federal government could never rule. But to many people never read that fare into the freedom Contract so they would know the real order of Power and the Federal Government has blow a Lot of Unconstitutional Smoke in a lot of people faces and have them believing the Federal government is Supreme. Please take the Time to not only Read the FOREFATHERS CONSTITUTION / BILL OF RIGHTS and also read the DECLARATION OF INDEPENDENCE and surly read the FOREFATHERS QUOTES> which by the way give the true meanings they intended for the Freedom Contracts. AND were used by the forefathers in the construction of those Freedom Contracts. That what the Forefathers intended us to do. KEEP OUR SELVES WELL INFORMED WITH THEIR FREEDOM CONTRACT THEY GAVE US> SO WE COULD DEFEND OUR COUNTRY AS A WHOLE WHEN NEEDED> BECAUSE THE FEDERAL GOVERNMENT HS NO CONSTITUTIONAL AUTHORITY OVER THE STATES> ON POWERS TO OVER REACH NOTHING THEY FEDERAL GOVERNMENT IS THE MOST LIMITED ON ANY ISSUES INSIDE THE BORDER OF THIS COUNTRY. As the forefathers made clear. The States can better manage and take care our Country’s affairs and the Federal government our Foreign Affairs of Commerce.

  3. Illinois: Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed.

    This is what happens when you re-write your constitution in the 1970’s. Might as well not even be there.

    • There have been times since the early- mid 1970’s ( that I know of) that there have been persons (in congress) trying to call (or organize support for) a Constitutional Congress to RE-write The national constitution.

      But since congress and the potus and scotus seem to disregard the Constitution at will, without any challenges, I guess it doesn’t need to be re-written other than making it disappear.

  4. Rhode Island has an unequivocal right to keep and bear arms in its state constitution. And feels free to ignore it (i.e. it’s “may issue” on the state level, “shall [hardly ever] issue” on the local level).

    • RI has no restrictions on long guns or mag size. I believe in 1999, the RI Supreme Court decided in a concealed carry case that pistols don’t count as arms like long guns do.

      And RI is half shall issue, half may issue. It’s fully dependent on what town or city you live in. Providence? No shall issue. Tiverton? Shall issue.

      Anyways I think this list is incomplete without Mass. Mass has a collective, not individual RKBA. Since a collective right is now seen as the National Guard by antis, might as well be no right period.

  5. Silly serfs. The 2A only applies to government units, especially the National Guard and the Military. Actually, I think SCOTUS should just declare all of the Bill of Rights a group of collective rights to be exercised by the government only. Let the peons eat cake.

  6. Oddly enough, from the NY State constitution

    Artical XII
    Section 1. The defense and protection of the state and of the United States is an obligation of all persons within the state. The legislature shall provide for the discharge of this obligation and for the maintenance and regulation of an organized militia.

    Oh, and I can’t load more than 10 bullets, or purchase an AR/AK without goofy stock modifications. “You don’t need 10 rounds to kill a deer” -FU Andrew Cuomo

  7. Seeing all of these A- reports from the Brady Center makes me think that A+ reports are reserved for only those that have gone above and beyond the call of duty. Perhaps Nazi Germany, Union of Soviet Socialist Republics (Communist Russia), the People’s Republic of China, and the Democratic People’s Republic of (North) Korea—with the self-labelled Islamic State not far behind. With groups like the Brady Center, Demanding Mommies, and EveryLoon Against Guns—who needs enemies?

    • I just ran Canada through their calculator, and allowing for some changes (saying RCMP instead of FBI), we still can’t get even an A. In fact, we’re about mid-pack, mainly because we allow all sorts of “assault weapons” (non-neutered except for the mag cap), .50 cals, open carry of NR firearms, no duty to retreat, and other fun stuff. If a state can’t get lower than 60 or so, then they may just be worse off than Canada.

  8. The Republicans in the Iowa legislature tried to pass a right to keep and bear arms amendment to the state Constitution. The Democrats blocked the legislation.

    • Bastards. Well, maybe the US senate won’t be the only one to flip this year. Then we just have to worry about the RINO in Terrace Hill.

  9. I feel sorry for the citizens who live in those states. That is yet another reason I don’t live in many of them and visit less often than I used to. It is sad that we have to entrench federal Bill of Rights guarantees into our state constitutions in order to protect our rights as members of those states, but it is has been the history of things.

    • What’s worse is some industries are based in those anti-2nd zones with only a few positions outside of them. Want to work in entertainment, entertainment software (i.e. games), etc? NY and CA have the greatest quantity of jobs with Chicago trailing, (Then there is Texas, which thankfully ISN’T 2nd Amendment hostile completely (at least yet.) and a dozen or so places that have small quantity of small companies in such work.)

  10. CALIFORNIA CONSTITUTION
    ARTICLE 3 STATE OF CALIFORNIA

    SEC. 1. The State of California is an inseparable part of the
    United States of America, and the United States Constitution is the
    supreme law of the land.

    • This is all well and good, but it is only ink on paper. As long as the liberal idiots in L.A. and S.F. have the majority vote, we might just as well keep stocking up on supplies. Because, don’t you know, one day we won’t be able to maintain the RKBA.

  11. The constitution of New Jersey begins with:

    “All persons are by nature free and independent, and have certain NATURAL and UNALIENABLE rights, among which are those of enjoying and DEFENDING LIFE and liberty, of acquiring, possessing, and PROTECTING property, and of pursuing and OBTAINING SAFETY and happiness.” (emphasis added)

    It may not be an explicit statement of the RKBA, but it is implicit as the means to exercise those “natural and unalienable rights” of “free and independent” persons.
    Of course, in the view of the power-corrupted government, these noble goals of personal safety, defense of life and property will be supplied by the great all-knowing state. The people have no “need” of any tools of defense or protection.

    • Problem is they equate “obtaining safety” with restricting access to firearms even though there has never been safety obtained by disarming the populace. In fact, just the opposite is the likely outcome.

  12. Living in Iowa, the lack of a state constitutional amendment is a non issue for me. If the politicians, police and bureaucrats don’t respect the US Bill of Rights, of what use is a state constitution?

    Anyway, in fairness, the latest G&A rankings for concealed carry states ranks Iowa 21st, which is still a joke. They’ve got Texas 12th. In Iowa there is
    1) no proficiency test
    2) you can carry openly or concealed
    3) private sector ‘no firearms’ do not carry the weight of law
    4) you can carry any firearm or non-firearm dangerous weapon you’d like and switch off as much as you’d like
    5) you can carry in a bar
    6) you can drink while carrying as long as your not ‘intoxicated’*
    7) any firearms safety class from any police organization or the NRA satisfies the training requirement, including the free 20 minute online course from the Maryland State Police I used
    8) Iowa recognizes permits from all 50 states
    *The law actually doesn’t specify BAC – my brother in law blew a .122% while carrying and was never charged with a weapons violation. Still, I wouldn’t count on it over .08%.

    Granted, there’s no NFA arms in Iowa, but for carry it’s about as good as it gets aside from constitutional carry. It’s far more gun friendly than Massachusetts, Rhode Island, etc. What good are their constitutional amendments?

    • 2) you can carry openly or concealed IF you accept the fiction of a government required license

      4) you can carry any firearm or non-firearm dangerous weapon you’d like and switch off as much as you’d like UNLESS you want a supressor, government dictated length of barrel/fire arm.

      But you are correct, Iowa is not in the worst 6.

      • I was just comparing Iowa to the other 50 states, and in particular Texas. Everyone talks like Texas is gun owner heaven, but seems awful to me, always having to look for 30-06 signs, you can’t switch back and forth between a revolver and a pistol, etc. Yes, you shouldn’t need a permit to exercise a right, but if your comparing Iowa to other states it’s pretty good here. I wouldn’t trade our laws for any but maybe 2 or 3 other states. Unless you’re wanting NFA stuff. Then you’re SOL.

        • To be honest, I’m not sure. As far as I know she’s a solid pro-2nd amendment pol, but if she graduates from the Iowa senate to the US senate, her opinion on NFA won’t matter much, unless a repeal of the NFA gains traction, which has about as much chance as the Democrats holding the senate. Personally, I don’t desire an SBR or suppressor, so for me carry laws are a lot more important. Besides, Bruce Braley’s a class A douche.

        • The revolver thing was removed last fall, along with shortening the course to 4 hours and removing the requal requirement for renewal. Qual with one gun, mail in to renew, buy guns without a nics check, hunt with a fully auto sbr silenced if you want.

    • 7) any firearms safety class from any police organization or the NRA satisfies the training requirement, including the free 20 minute online course from the Maryland State Police I used

      It’s extremely ironic that you used a safety course produced by one of the organizations that routinely denies the citizens of their state the ability to exercise a natural and inherently God-given right on a daily basis to satisfy your state’s requirement. Sort of like South Korea using North Korean-produced “Hello Kitty” sleep mats to satisfy the requirement to provide a nap in preschool.

      • Nor really ironic, the first and foremost duty of government is to keep it’s citizens safe. That’s the reason governments began in the first place, so the neighboring government wouldn’t come in and enslave the ungoverned. Unfortunately, governments have proven over and over that they are at least nearly as abusive to their own citizens as the conquerors would be. Anyway, a free 20 minute on line course is much less of an infringement than a $300 weekend course plus proficiency testing.

        • “the first and foremost duty of government is to keep it’s citizens safe” . . . Really? Most of the ones I have been under seem to have forgotten that.

        • “Nor really ironic, the first and foremost duty of government is to keep it’s citizens safe.”

          Wow.

          This incorrect belief is widespread.

          Government’s job is not to keep citizens safe. They CAN’T even do that!

          The proper role of government is to provide mechanisms for the peaceful solutions to conflict. I’m dumping sewage on your land and you don’t like it? Sue me. Someone stole a radio from my car? Gov gets to arrest and incarcerate them…NOT me go hunt ’em down and chop off his hand.

          In what fantasy world does one have to live in to think for a moment that government’s job is to keep people ‘safe?’ Or, that they even can?

        • JR, you make my case for me while disagreeing with it. If it weren’t for government you’d have to worry about your neighbor chopping your hand off.

          The original and ultimately central purpose of government is to keep you and your family from being raped, pillaged, burned and hauled off into slavery by the neighboring clan. As much as I hate to give kudos to the US federal government, they’ve done an outstanding job of it. (Helps when your neighbors are Canada and Mexico though.)

      • You know, you’re right. I remember the Illinois CCW passing now. Anyone know the status of the California Ninth Circuit case that was heard in San Diego this past spring?

  13. It’s a bit of a surprise for me to see Minnesota on that list. I admit that I did not know about the lack of a state constitutional right to keep and bear arms. I’m glad I left, though…liberal policies were starting to spread, and I wanted no part of a welfare state that saw fit to take care of everyone from illegal immigrants to the Minnesota Vikings at my expense.

    Here in Colorado we have constitutional open-carry. Denver county excluded, but that’s a different story. NFA items are good to go, unlike in MN. I’m eagerly awaiting the results of the election. I sincerely hope Hickenlooper will be looking for new work, and I would love to see the new legislature’s first order of business to be repealing the asinine, unconstitutional gun control laws that were passed here against the will of the people. It can’t happen soon enough.

    • Beauprez said in an interview that should a repeal come to his desk, he will sign it. So we’ll see what happens. And yes, I just avoid Denver at all costs. I tend to drive around it when I need to get elsewhere.

  14. 2) you can carry openly or concealed IF you accept the fiction of a government required license

    4) you can carry any firearm or non-firearm dangerous weapon you’d like and switch off as much as you’d like UNLESS you want a supressor, government dictated length of barrel/fire arm.

    But you are correct, Iowa is not in the worst 6.

  15. Article 2 of the New York Civil Rights Law provides:

    “§ 4. 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 cannot be infringed.”

    Hahahahahahah. New York is a funny place.

  16. I live in Maryland and will be voting for Hogan on Tuesday. Many of my friends, often staunch democrats are leaning in Hogan’s direction. That said, if he wins the race, and I really hope he does, I’m not expecting a repeal of last year’s disastrous legislation. The man has a real track record of reaching out and solving problems—which should help come tax time. But the democratic primary winner for attorney general, Brian frosh, is the guy who famously said “I’ll take my chances” when a pro2a person told him that he passed that bill at his peril. I see him winning big Tuesday. This plus, the state legislature is firmly democrat despite strong grass roots efforts. The best I can hope for is a rollback of tangential 2a law and a ground work set for a strong pro2a campaign in 2019, after Hogan hopefully wins a second term limited campaign.

    • I sincerely hope I live long enough to see Maryland become “The Free State” again. I agree about Hogan in 2019. There’s a shot if only US and Maryland citizens vote this time around, and the voting machines can be corrected by Tuesday.

      There I go daydreaming again.

  17. I am not so sure that any of this really matters–every state, after McDonald v. Chicago, is bound by the Second Amendment. State law cases decided before that case are of questionable continued validity, since many rejected application of the Second to state law cases. All of those cases are potentially ripe for revisitation, as one could argue that the Second is implied into every state constitution, and the state constitution may offer additional (or no additional) protections for that right.

  18. Magazine is out of date. MO now has open carry (if you have a CCW) regardless of local law and amended state constitution to make the right to keep and bear arms an unalienable right subject to strict scrutiny. Suck on that one Shannon

  19. Ah, such quibbling over legislative niceties. As part of the former British Empire, we in New Zealand are higly restricted with our firearms. Nobody is allowed everyday carry except a few security officers at airports, in Parliament, and authorised members of the Police, who do not carry weapons regularly.

    To qualify for a firearms license, we must pass a firearms safety test, be interviewed in our homes by a Police safety officer, and have at least two referees interviewed to make sure we’re not lunatics or criminals. But it’s a lot better than Australia or Britain. At least we can mostly own what we want. But certain sectors want to restrict us further. Our current right wing government should prevent that from happening. And we don’t have the 2nd amendment.

    • NZ sounds better than most of the northeast US, Chicago or California.

      Governments don’t award rights, they do occasionally concede to not infringe on them, but usually only when forced to. Even if the populous isn’t allowed to walk freely armed, the presence of arms in private ownership exerts a certain degree of restraint on governments.

    • I once knocked on a door in Christchurch, as part of my job where we interviewed everyone on an unemployment benefit. I was going to warn them that a tide of the unemployed were likely to get lost and wind up knocking on their door like me.

      I was greeted by a man in a suit waving a submachine gun at me. He said he was part of the secret security agency, and that trespassers could be shot. I think it was a Carl Gustav or something similar. Made my day. Not something you see every day in our generally disarmed society.

      NB: Several times I asked people what they had been doing recently and many said they had been in jail. A few admitted it had been for murder. I thought about referring these people upstairs, but then thought better of it.

  20. North Carolina does not grant the Constitutional right to concealed carry but state law does with permits.

    Article I, § 30 of the North Carolina State Constitution, entitled “Militia and the right to bear arms,” provides:
    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.

  21. What good IS a state constitution? NY, CT and others that HAVE an RKBA written MORE clearly and strongly in their own constitutions ROUTINELY shit on those amendments or articles.

    Ray from Bloombergia.

  22. Article 2, Section 4 of the New York Civil Law

    § 4. 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 cannot be infringed.

    So shocker for all of you. Everyone misses this. Unfortunately, so do our politicians. The only difference is using “cannot” in place of “infringed.”

  23. Just because the constitution says it doesn’t mean the legislative/executive/judicial branches honor it. I live in Connecticut and the Connecticut Constitution states, “Every citizen has a right to bear arms in defense of himself [or herself] and the state” (Art. I, § 15). Less and less true every year!

  24. there is no such thing as a state without rights to keep and arms ..

    The 2nd amendment is supposed to protect that unalienable right ..

    Stand up and protect your rights ..

  25. Meh…if you don’t follow the constitution(like Illinois) words on paper mean nothing. Judicial activism nullifies a lot.

  26. Vote. If you feel both parties/candidates are evil, vote for the lesser of two evils.

    Who on earth doesn’t want to make sure the lesser evil is in office, rather than the greater evil?

    Please vote. Don’t stay home just because some poll indicates your “lesser of two evils” is going to win. Polls are often wrong. Assure the lesser evil wins by casting your vote.

    • You’ve inspired me. I’m going to vote twice. And when I die, I’m going to Chicago where I’ll vote again. And again.

  27. I’ve long found it amusing that Connecticut has stronger RKBA wording in its constitution than either Tennessee or Texas.

  28. “… And it won’t surprise you that these states are some of the least supportive of gun ownership and Second Amendment rights . . .”

    I must not be very familiar with some of these states. I was surprised that Wisconsin and Iowa were listed. Those are heavy hunting states, no?

    • Wisconsin is listed as the last state to pass a constitutional amendment protecting the right to keep and bear arms.

      The amendment is in the image at the top of the article.

      Wisconsin firarms law is better than Texas firearms law in many respects.

      • Sorry. Something happens in my aging brain that confuses names sometimes. I click reply, ten seconds pass, I forget which state I’m talking about. Its lame.

        So I goofed it up. I meant Minnesota, not Wisconsin. It must be Name Dyslexia. Or something. Lol

        • Okay. Off-thread “google-fu..”

          ******************
          a·pha·sia
          /əˈfāZHə,əˈfāziə/
          noun: aphasia
          loss of ability to understand or express speech, caused by brain damage.
          ******************
          a·no·mi·a
          /əˈnōmēə/
          noun: anomia
          a form of aphasia in which the patient is unable to recall the names of everyday objects.
          *****************
          I got in a lot of fights as a teen ager = brain damage.

          So, what’s that word for thinking you have medical problems because you read a medical dictionary? Its on the tip of my tongue…

  29. CA wasn’t so bad compared to other states before the 90’s, early 2000’s. It is still better than NY and NJ (the safety certificate thing is given by the dealer in the store for $25…so more an annoying tax than taking a class/getting police permission) But at this rate it will be worse, if it isn’t checked by the courts, under whomever replaces Brown

    Anyways

    CALIFORNIA CONSTITUTION
    ARTICLE 1 DECLARATION OF RIGHTS

    SECTION 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.

    Arguably, while narrowed by the court to real propert/livelihood, this is why the justifiable homicide statute includes protecting property

    But the Court ruled it did not apply to arms.

    But we have our own “standing army” in contravention of the State Constitution. Under the California Military Department there is the California Military Reserve, in addition to the National Guard, California Cadets, and California Navy.

    SEC. 5. The military is subordinate to civil power. A standing army may not be maintained in peacetime. Soldiers may not be quartered in any house in wartime except as prescribed by law, or in peacetime without the owner’s consent.

    But at least we have the right to fish

    Section 25. The people shall have the right to fish upon and from the public lands of the State and in the waters thereof, excepting upon lands set aside for fish hatcheries, and no land owned by the State shall ever be sold or transferred without reserving in the people the absolute right to fish thereupon; and no law shall ever be passed making it a crime for the people to enter upon the public lands within this State for the purpose of fishing in any water containing fish that have been planted therein by the State; provided, that the legislature may by statute, provide for the season when and the conditions under which the different species of fish may be taken.

    • Don’t forget that after the first of the year, we will have ANOTHER $25 tax (every two year) for the acquisition of a long gun safety certificate. As the DOJ has not issued standards or tests or materials for the long gun safety certificate, other than to say that a safe handling demonstration will be required, there is a supposition that it may be difficult to take possession of a rifle or shotgun for some period of time after the first. And having a HSC does not exempt a person from obtaining a separate LGSC.

  30. Bad guys an gals 1 point
    Citizens loose 1 point.
    I wish most ex military an law enforcement had rights to carry in every state. An most ccw laws were upheld in the federal side, an most could carry open or concealed in every state. An the states “rules” were more uniform and lenient.
    Not to mention most constitutions were written long ago an they are interpreted in today’s mind frame. It should be the original writer mind frame. An they should be all studied in school, and in our government.

  31. Dean,

    State constitutions aside, unless a state recognizes carry of a firearm without licensure, it’s a privilege, not a right. Here in Florida, we are currently in court at the 4th Florida District Court of Appeal in Norman v. State arguing that for all intents and purposes, we have no right to bear arms. Open carry is prohibited with only about a half-dozen exceptions that are not restricted to some government title (LE, certain agency positions, etc.), and concealed carry is licensed, which the state courts have ruled is not a vested right, but a privilege which can be rescinded by the Legislature at any time.

    Case details can be found here:

    https://www.floridacarry.org/index.php/litigation-32/21-statecourt/70-norman-v-state

    Rich Nascak
    Executive Director
    Florida Carry, Inc.

  32. Regardless of political ramblings by politicians or those who desperately believe owning a gun is a right or somehow protects a citizen from a government gone bad that could open can of whoop arse with stealth fighters, cruise missiles & tanks up against any pack of guns, the amendment was NOT ratified.

    For that to have happened would take two Houses of Congress to vote which they did, USSC to vote which it did & a President to give the okay which he did then for each State to make one vote WHICH NEVER HAPPENED thus; like most amendments to the constitution, this one is not legal or ratified so the citizen not of a well regulated militia has no right to own a gun and that is the truth. We can walk all over the constitution but that does not make it legal. Another truth is each year, citizens protecting themselves with guns are few while those using them for harm of some sort is huge in numbers. Time to go back like it used to be and not in storybooks or TV but reality. Most Americans did not own guns until later in the 20th century. Wild Wild West is BS.

    • Okay, then, some anonymous asshole has just schooled us on the constitutionality of the Second Amendment (or lack thereof), so turn your guns in IMMEDIATELY!

      I’ll be assisting in the collection process so just contact me and I’ll let you know when I can come round to pick ’em up. Thanks in advance…

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