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State constitutions

John A.

Unconstitutional laws are not laws.
Staff member
Administrator
Global Moderator
State Rights as pertains (and protects) to firearm ownership

http://www.lrc.ky.gov/lrcpubs/IB59.pdf
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Constitution of Kentucky

PREAMBLE
We, the people of the Commonwealth of Kentucky,
grateful to Almighty God for the civil, political and
religious liberties we enjoy, and invoking the
continuance of these blessings, do ordain and establish
this Constitution.

BILL OF RIGHTS
That the great and essential principles of liberty and
free government may be recognized and established, we
declare that:
.
Section 1. Rights of life, liberty, worship, pursuit
of safety
and happiness, free speech, acquiring and
protecting property
, peaceable assembly, redress of
grievances, bearing arms. All men are, by nature, free
and equal, and have certain inherent and inalienable
rights, among which may be reckoned:

First: The right of enjoying and defending their lives
and liberties
.

Third: The right of seeking and pursuing their safety
and happiness.


Fifth: The right of acquiring and protecting
property.


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.


Section 4. Power inherent in the people – Right to
alter, reform, or abolish government. All power is
inherent in the people, and all free governments are
founded on their authority and instituted for their peace,
safety, happiness and the protection of property. For the
advancement of these ends, they have at all times an
inalienable and indefeasible right to alter, reform or
abolish their government in such manner as they may
deem proper.


Section 10. Security from search and seizure –
Conditions of issuance of warrant. The people shall
be secure in their persons, houses, papers and
possessions, from unreasonable search and seizure; and
no warrant shall issue to search any place, or seize any
person or thing, without describing them as nearly as
may be, nor without probable cause supported by oath
or affirmation.


Section 223. Safekeeping of public arms, military
records, relics, and banners. The General Assembly
shall provide for the safekeeping of the public arms,
military records, relics and banners of the
Commonwealth of Kentucky.


Section 225. Armed men not to be brought into
State – Exception. No armed person or bodies of men
shall be brought into this State for the preservation of
the peace or the suppression of domestic violence,
except upon the application of the General Assembly,
or of the Governor when the General Assembly may
not be in session.


Section 255A. Personal right to hunt, fish, and
harvest wildlife
– Limitations. The citizens of
Kentucky have the personal right to hunt, fish, and
harvest wildlife, using traditional methods, subject only
to statutes enacted by the Legislature, and to
administrative regulations adopted by the designated
state agency to promote wildlife conservation and
management and to preserve the future of hunting and
fishing. Public hunting and fishing shall be a preferred
means of managing and controlling wildlife. This
section shall not be construed to modify any provision
of law relating to trespass, property rights, or the
regulation of commercial activities.
 
unfortunately we in new york are having it slowly taken away. like obama,,,gov cumo likes the exec.order. a great lib. tool.
 

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In Pennsylvania:

Section 21 . Right to Bear Arms
The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.

Section 25. Reservation of Powers in People
To guard against transgressions of the high powers which we have delegated, we declare that everything in this article is excepted out of the general powers of government and shall forever remain inviolate.


http://www.legis.state.pa.us/wu01/vc/vi ... tution.cfm
 
Ohio

Article 1 - Bill of Rights

§ 04 Bearing arms; standing armies; military powers (1851)

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.
------------------

But we are still under Militia recall (although this is probably the National Guard). The last part about "public arms" is interesting. Is it for arms provided to the Militia or is it for arms owned by the public?:

Article 9 - Militia

§ 01 Who shall perform military duty

All citizens, residents of this state, being seventeen years of age, and under the age of sixty-seven years, shall be subject to enrollment in the militia and the performance of military duty, in such manner, not incompatible with the Constitution and laws of the United States, as may be prescribed by law.

(As amended Nov. 7, 1961.)

§ 04 Power of governor to call forth militia

The governor shall have power to call forth the militia, to execute the laws of the state, to suppress insurrection, to repel invasion, and to act in the event of a disaster within the state.

(As amended, Nov. 7, 1961.)

§ 05 Public arms

The General Assembly shall provide, by law, for the protection and safe keeping of the public arms.
 
ours is worded like Ohio's is , almost identical.

But my favorite is the very first one

Section 1. Natural rights inherent in people. We declare that all men, when they form a social compact are equal in right: that all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; and they have at all times a right to alter, reform, or abolish the government in such manner as they may think proper. —
 
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