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 76191
공지 운영진과 Contact 방법 file Club_Manager 2015.07.04 41777
공지 [필독] 게시판 이용규칙 Club_Manager 2015.05.18 42496
183 HK 조지아로 이전 기사입니다. 13 file Club_Manager 2017.01.30 12120
182 HK 를 보면 믿음이 확!!! 12 file 풍백시천 2016.10.30 12942
181 HK G3이 만들어지는 과정 (1970년대 비디오) 3 file MP5 2016.02.22 15088
180 High Museum of Art 정보입니다. Club_Manager 2017.03.14 4708
179 Hey, we've got the beat 3 아누나끼 2016.11.11 13054
178 Hero 아누나끼 2017.11.07 3385
177 Hell ifornia 이군요.미치겠군요. 1 Club_Manager 2016.07.02 13227
176 Happy Thanksgiving 19 Nirvana 2017.11.23 2944
175 H&K 같은모델인데 차이좀 알고싶고 어느것으로 살까요? 8 건담GA 2016.06.22 14670
174 H&K vp9 LE 들어왔답니다.15정. 8 file 존스크릭 2015.12.17 15226
173 H&k p30 가격만이 내렸네요 6 포사이스 2018.04.23 961
172 H&K MP5 Review 2 아누나끼 2015.06.09 16010
171 Guns In America (National Geographic) 2 아누나끼 2017.03.03 11143
170 Gun Show 행사 내용과 날짜 정보 입니다. 3 file Club_Manager 2016.05.24 14295
169 Gun rights 9 아누나끼 2015.07.04 15376
168 Gun Rest 가 꼭 필요한가요? 3 file Club_Manager 2016.02.26 15071
167 GSSF(글락 스포츠 슈팅 파운데이션) 이벤트 in 조지아(9월) 15 file Cooljun7 2016.08.03 14028
166 GSSF 9월 Griffin, GA 이벤트 관련 글락프로페셔날 답변 6 file Cooljun7 2016.08.04 13656
165 GSC 패치 및 Name Tag 패치 오더 관련 29 file kooman/매니져 2021.06.14 333
164 Grand Power Stribog SP9A3 9 쿠스토선장 2020.09.20 275
163 Gorka 4 남자의 군장입니다. 해보고 싶네요. 3 file Club_Manager 2016.03.14 17467
162 Good Idea! 15 file Club_Manager 2016.03.03 14983
161 Golf 모임 추진 7 file 존스크릭 2015.11.09 15709
160 Glock USA 방문 후기 19 file kooman 2017.12.22 2022
159 Glock Sight 사용법 - Drop in the Bucket 17 file E40 2016.11.03 13186
158 Glock Safe Action의 작동원리 2 아누나끼 2016.10.16 12987
157 Glock Gen 5 출시되었네요. 42 file 프라이드 2017.08.25 4470
156 Glock 19 Gen 5 트리거 업그레이드 (Apex) 11 file Tiger20 2021.08.25 268
155 Glock 19 9mm 21 풍백시천 2017.03.28 12798
154 Glock 17, 19 Gen 5 Pistol 14 file 날개달자 2017.08.23 5416
153 Glock 17 Frame Gen4 41 file Trail 2015.11.25 16958
152 Gepard GM6 Lynx 50구경 대물 저격총 9 file Club_Manager 2017.04.05 12391
151 Georgia National Fair, October 6-16, 2016 1 file Club_Manager 2016.10.12 4740
150 Georgia gun craigslist 를 소개합니다. 4 john 2015.07.16 111328
149 Georgia Gun & Knife Shows 2017(애틀란타 파머스 마켓) NOV 11-12 6 file Min 2017.11.10 3282
148 GE Minigun 쎄일 3 file MP5 2015.11.04 16104
147 GA shooters youtube 19 file 풍백시천 2019.02.12 198
146 Foxtrot Mike Fm-9 7" + Silencer 3 WangChoNim 2022.05.30 157
145 Fostech Origin 12 Shotgun file 아누나끼 2016.01.03 13726
144 First Presidential Debate 오늘저녁 9시 13 file MP5 2016.09.26 12700
143 FFL 가시는 곳 중 괜찮은 곳 있는지요? 5 Min 2017.11.25 3012
142 FFL transfer $20불 4 file MP5 2024.01.15 126
141 FBI Qualification Course 4 file SGT-22 2020.07.08 198
140 FAXON 부품 때문에 열받은 ~ 하지만 Happy Ending ! 8 file Trail 2016.12.03 12911
139 Extar EP 9 16 file DynamicJ 2018.05.04 1212
138 engraving on ar15 lower 5 file chad 2017.02.02 13120
137 EMT Trauma Assessment 6 file Club_Manager 2017.04.17 13335
136 Eastman Gun Show 5 file 쿠스토선장 2020.09.05 214
135 East alabama gun club을 다녀왔습니다 20 file 참치참치스 2016.08.14 13324
134 Drive-by Shooting Injures 7-year-Old Girl 5 file Club_Manager 2016.01.13 14225
Board Pagination Prev 1 ... 14 15 16 17 18 19 20 21 22 23 Next
/ 23