메뉴 건너뛰기

본문시작

Photo Gallery more

미국 각 스테이트 헌법의 국민 무장권 조항들

by Hiccup45 posted Jul 13, 2015
?

단축키

Prev이전 문서

Next다음 문서

크게 작게 위로 아래로 댓글로 가기 인쇄
?

단축키

Prev이전 문서

Next다음 문서

크게 작게 위로 아래로 댓글로 가기 인쇄

미국 50개주의 헌법 중 무장권에 대한 조항들입니다. 흔히 미국 헌법 수정조항 2조만 알고 있지 각 주들도 비슷한 헌법조항을 가지고 있다는 사실은 사람들이 잘 모릅니다.
주 헌법이 미 수정헌법 2조보다 더 구체적으로 "self-defense"에 대한 권리를 명시해 놓은 편입니다. 

http://www2.law.ucla.edu/volokh/beararms/statecon.htm

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.]

자유게시판

준,정회원이상 자유로운 글쓰기가 가능합니다. 이용규칙은 아래의 [게시판 이용규칙]을 따라주시기 바랍니다

Title
List of Articles
번호 제목 글쓴이 날짜 조회 수
공지 입문자들을 위한 미국내 총기구입 Q&A 15 Hiccup45 2015.08.18 76139
공지 운영진과 Contact 방법 file Club_Manager 2015.07.04 41753
공지 [필독] 게시판 이용규칙 Club_Manager 2015.05.18 42466
182 웃으면 복이와요...와이프랑 쇼핑가면 안되는 이유... 1 file Club_Manager 2015.12.27 16314
181 사진 기초교육- 관심있는 분들은 들어보세요. 8 file GASHOOTERSCLUB 2015.11.03 16319
180 이번주 토요일 10월 31일 게인스빌 DNR 로 총쏘러 갑니다 14 young 2015.10.28 16320
179 사격 연습 갑니다. 8 부산갈매기 2016.05.20 16328
178 영화소개 - Warsaw 44 3 file MP5 2015.10.20 16330
177 기사펌] 어제 일어난 총기사고, 범행에 사용된 총은 아버지가 선물해주었다고 합니다....에휴 3 GASHOOTERS 2015.06.18 16332
176 오늘자 신문기사를 보던중에..? 4 file Club_Manager 2016.01.27 16339
175 이 영상 분석이 가능한가요? 실제라면 후덜덜 합니다. 트릭이겠죠? 5 file GASHOOTERSCLUB 2015.10.20 16361
174 급구 ] 워크샵용 테이블과 의자를 빌릴 수 있을까요? 11 file GASHOOTERSCLUB 2015.10.29 16361
173 대박이네요. 2 MP5 2015.06.19 16371
172 번개모임 아이디어 16 file MP5 2015.10.27 16371
171 Shot gun을 하나 들여볼까 합니다. 25 file sean19 2015.07.13 16374
170 권총사격훈련하는 또 다른 사람들 4 file 아누나끼 2015.09.27 16383
169 오바마 연설과 총기규제 10 file MP5 2015.12.06 16393
168 머지않아 파더스 데이가 다가 옵니다. 7 file Club_Manager 2016.06.08 16400
167 별건 아니고 그냥 제 권총이나 올려봅니다 4 file Hiccup45 2015.07.01 16404
166 너무 좋은 실내 사격장을 소개합니다 14 file LA빢빢이 2016.03.31 16404
165 더좋은 사격장을 소게합니다 8 LA빢빢이 2016.04.08 16404
164 대우 K1, K2, K5의 최신 47분짜리 리뷰 8 file MP5 2015.11.09 16407
163 러시아 사격수의 권총사격 2 file MP5 2015.09.08 16407
162 결국 또지름....혹시 9mm총알 필요하신분.... 9 file Sean 2016.03.04 16407
161 일주일 남았습니다. 빨리 얼굴을 뵙고 싶네요... 3 file GASHOOTERSCLUB 2015.12.05 16420
160 사용기] Ear Muffs, Ear Plugs 3 file Club_Manager 2015.12.28 16428
159 아틀란타 사진 동호회 연말 전시회 안내 4 file kulzio 2015.11.30 16432
158 남북한의 군사력 3 아누나끼 2015.08.25 16454
157 2016 새해 복많이 받으세요. 10 file MP5 2015.12.31 16458
156 어제 밤에 만든 임시 패치 입니다. 9 file GASHOOTERSCLUB 2015.10.17 16466
155 연말 사격대회가 1달여 남았습니다. 23 file GASHOOTERSCLUB 2015.11.05 16473
154 동호회 유니폼 --> $16 19 file MP5 2015.09.15 16474
153 영화에 나온 권총 Para-Ordnance PXT P18-9 3 file 매님브랙 2015.10.22 16495
152 Vortex\Hornady Bullet-Cam - 드디어 총알에 눈알을 달았군요. 14 file Club_Manager 2017.04.01 16498
151 내일 토요일 2월20일사격하러 갑니다 14 young 2016.02.19 16503
150 펌글] BEMIL현장취재 - 흑표 전차 등 세계 최대규모 기계화장비 기동사열 항공촬영 영상 5 file Club_Manager 2016.02.12 16509
149 야외사격 장비 업그레이드 70 file MP5 2016.08.10 16510
148 미국에서 극찬받는 한국군 K2소총 (Daewoo DR200) 아누나끼 2015.05.24 16531
147 알래스카 여행은 일단 취소했습니다 2 Hiccup45 2015.09.02 16542
146 사격장에서 조만간 뵙겠습니다 3 다이나믹제이 2016.07.03 16551
145 Charles Elliott WMA Shooting Range 안내 동영상 3 아누나끼 2015.06.17 16556
» 미국 각 스테이트 헌법의 국민 무장권 조항들 3 Hiccup45 2015.07.13 16556
143 요즘 유행하는 ... 1 file toto 2015.06.28 16557
142 오늘 나의 하루는 ㅋㅋㅋ 11 Sean 2016.02.13 16561
141 기다릴수 없어서.... 2 Sean 2016.01.20 16581
140 조지아 겨울 10 file MP5 2016.01.23 16590
139 밖이 춥거나 사격장에 못갈때 가끔씩하는 게임입니다. 9 file Club_Manager 2016.01.23 16592
138 방어적 총기사용 (정당방위) Defensive Gun Use 3 Hiccup45 2015.12.17 16613
137 낮에 일도 안하고 3군데를 다녀보았습니다... 12 kulzio 2015.11.27 16617
136 블랙프라이데이에 구입했던 물건 중 하나 - Herter's 9mm 1 file GASHOOTERSCLUB 2015.12.01 16628
135 성원 하는 사람 없어도 . . 나도 ~ 54 file Trail 2016.06.11 16631
134 급질문. 3 file Sean 2016.02.13 16634
133 대우 화기의 최신 리뷰 1 file MP5 2015.06.28 16640
Board Pagination Prev 1 ... 14 15 16 17 18 19 20 21 22 23 Next
/ 23