The Founders' Documents
(and more)
on the Right to Keep and Bear Arms

Article 1: Declaration of Rights

Section 26: Right to bear arms:

That every citizen has a right to bear arms in defense of himself and the state.

Article 1: Declaration of Rights:

Section 19: Right to 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 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.

Article II: Declaration of Rights:

Section 26: Bearing arms:

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.

Article II: Declaration of Rights:

Section 5: The citizens of this state shall have the right to keep and bear arms for their common defense.

Article I: 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.

Article 2: Bill of Rights:

Section 13. Right to Bear Arms:

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.

Article First: Declaration of Rights: That the great and essential principles of liberty and free government may be recognized and established, WE DECLARE:

Section 15: Every citizen has a right to bear arms in defense of himself and the state.

Article 1: Bill of Rights:

Section 20: 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.

Article 1: Declaration of Rights

Section 8: Right to Bear Arms:

(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.

Article I: Bill of Rights:

Section I: Rights of Persons:

Paragraph VIII: Arms, right to keep and bear:

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.

Article 1: Bill of Rights:

Section 17: Right To 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 shall not be infringed.

Article 1: Declaration of Rights:

Section 1: Inalienable Rights Of Man:

All men are by nature free and equal, and have certain inalienable rights, among which are enjoying and defending life and liberty; acquiring, possessing and protecting property; pursuing happiness and securing safety.

Section 11: Right To Keep And Bear Arms:

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.

Article 1: Bill of Rights:

Section 22: Right to Arms:

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

Article I: Bill of Rights:

Section 32: Bearing Arms:

The people shall have a right to bear arms, for the defense of themselves and the State.

Article I: Bill of Rights:

Section 1:Rights of persons: All men are, by nature, free and equal, and have certain inalienable rights - among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness.

Article 6: Militia:

Section 1: Composition -- training:

The militia of this state shall be composed of all able-bodied male citizens, between the ages of eighteen and forty-five years, except such as are or may hereafter be exempt by the laws of the United States, or of this state, and shall be armed, equipped, and trained, as the general assembly may provide by law.

Kansas Bill of Rights:

Section 4: Bear arms; armies.

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.

Article 8: Militia

Section 1: Composition; exemption. The militia shall be composed of all able-bodied male citizens between the ages of twenty-one and forty-five years, except such as are exempted by the laws of the United States or of this state; but all citizens of any religious denomination whatever who from scruples of conscience may be adverse to bearing arms shall be exempted therefrom, upon such conditions as may be prescribed by law.

Bill of Rights:

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.

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.

Article 1: Declaration of Rights:

Section 11: Right to Keep and Bear Arms:

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.

Article I: Declaration of Rights:

Section 1: Natural rights:

All people are born equally free and independent, and have certain natural, inherent and unalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and of pursuing and obtaining safety and happiness.

Section 16: To keep and bear arms:

Every citizen has a right to keep and bear arms and this right shall never be questioned.

Declaration of Rights

Article 2:

The Constitution of the United States, and the Laws made, or which shall be made, in pursuance thereof, and all Treaties made, or which shall be made, under the authority of the United States, are, and shall be the Supreme Law of the State; and the Judges of this State, and all the People of this

State, are, and shall be bound thereby; anything in the Constitution or Law of this State to the contrary notwithstanding.

Article 28:

That a well regulated Militia is the proper and natural defense of a free Government.

Part the First: A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts:

Article I:

All people are born free and equal and have certain natural, essential and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing and protecting property; in fine, that of seeking and obtaining their safety and happiness.

Annulled and replaced:

Article CVI. Article I of Part the First of the Constitution is hereby annulled and the following is adopted:-

All people are born free and equal and have certain natural, essential and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing and protecting property; in fine, that of seeking and obtaining their safety and happiness. Equality under the law shall not be denied or abridged because of sex, race, color, creed or national origin.

Article XVII:

The people have a right to keep and to bear arms for the common defense. 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.

decided that the general Massachusetts declaration did not state the right with sufficient clarity and openness, and passed the following resolve: “The people have a right to keep and bear arms as well for their own as the common defense.”

decided that the general Massachusetts declaration was not sufficiently strong, and voted to include their own resolve: “That the people have a right to keep and bear Arms for their own and the Common defense.” Further voting on the reason: “...we esteem it an essential privilege to keep Arms in our houses for our own defense and while we continue honest and lawful subjects of government we ought never to be deprived of them.” The town deemed it necessary to explicitly protect the right in order to prevent the possibility: “That the legislature in some future period may confine all the firearms to some public magazine and thereby deprive the people of the use of them.”

Article 1: Declaration of Rights:

Section 6: Bearing of arms:

Every person has a right to keep and bear arms for the defense of himself and the state.

No reference in the present Constitution.

Article III: Bill of Rights:

Section 12: 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.

Article I: Bill of Rights:

Section 23: Right to keep and bear arms -- exception:

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.

Article 2: Declaration of Rights:

Section 3. Inalienable rights:

All persons are born free and have certain inalienable rights. They include the right to a clean and healthful environment and the rights of pursuing life’s basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health and happiness in all lawful ways. In enjoying these rights, all persons recognize corresponding responsibilities.

Article 2: Declaration of Rights:

Section 12: Right to bear arms:

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.

Article I: Statement of rights:

CI-1 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. To secure these rights, and the protection of property, governments are instituted among people, deriving their just powers from the consent of the governed.

Article 1:

Section 1: All men are by Nature free and equal and have certain inalienable rights among which are those of enjoying and defending life and liberty; Acquiring, Possessing and Protecting property and pursuing and obtaining safety and happiness.

Section 11: Right to keep and bear arms; civil power supreme:

1. 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.

2. The military shall be subordinate to the civil power; No standing army shall be maintained by this State in time of peace, and in time of War, no appropriation for a standing army shall be for a longer time than two years.

In ratifying the new U.S. Constitution, proposed adding a Bill of Rights which would include the following clause: “Congress shall never disarm any citizen unless such as are or have been in actual rebellion.”

Part First: Bill of Rights:

Article 2-a: The Bearing of Arms:

All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state.

Article I: Rights and Privileges:

Section 1: 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.

Article II: Bill of Rights:

Section 6: Right to bear arms:

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.

Conditioned its ratification of the new U.S. Constitution on adoption of the following: “That the people have a right to keep and bear arms; that a well regulated militia, including the body of the people capable of bearing arms, is the proper, natural, and safe defense of a free state.”

The New York Constitution of 1777 contained no Bill of Rights, but its framers insisted that the federal Constitution include such provisions. In addition, the members of the constitutional convention in New York “were obliged to go armed, so as to protect themselves from stray marauding parties ....”.

No reference in the present Constitution.

Article I: Declaration of Rights:

Section 30: Militia and the right to 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 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.

Article I: Declaration of Rights:

Section 1: All men are by nature equally free and independent and have certain inalienable rights, among which are those enjoying and defending life and liberty; acquiring, possessing and protecting property and reputation; and 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.

Article 11: General Provisions:

Section 16. The militia of this state shall consist of all able-bodied male persons residing in the state, between the ages of eighteen and forty-five years, except such as may be exempted by the laws of the United States or of this state. Persons whose religious tenets or conscientious scruples forbid them to bear arms shall not be compelled to do so in times of peace, but shall pay an equivalent for a personal service.

Article 1: Bill of Rights:

Section 1.04: Bearing arms; standing armies; military powers:

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.

Article 2: Bill of Rights:

Section 26: Bearing arms -- Carrying weapons:

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.

Article I: Bill of Rights:

Section 27: Right to bear arms; military subordinate to civil power.

The people shall have the right to bear arms for the defense of themselves, and the State, but the Military shall be kept in strict subordination to the civil power.

PENNSYLVANIA: (1776)

“That the people have a right to bear arms for the defense 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...”

PENNSYLVANIA: (1790)

“That the right of the citizens to bear arms in defense of themselves and the state shall not be questioned.”

PENNSYLVANIA: (present Constitution)

Article 1: Declaration Of Rights:

Section 1: Inherent Rights of Mankind:

All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness.

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.

Article 1: Declaration Of Certain Constitutional Rights And Principles:

Section 22: Right to bear arms:

The right of the people to keep and bear arms shall not be infringed.

Article 1: Declaration of Rights:

Section 20: Right to keep and bear arms; armies; military power subordinate to civil authority; how soldiers quartered:

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. No soldier shall in time of peace be quartered in any house without the consent of the owner nor in time of war but in the manner prescribed by law.

Article 6: Bill of Rights:

Section 24: Right to bear arms:

The right of citizens to bear arms in defense of themselves and the state shall not be denied.

Article 1: Declaration of Rights:

Section 24: That the sure and certain defense of a free people, is a well regulated militia; and, as standing armies in time of peace are dangerous to freedom, they ought to be avoided as far as the circumstances and safety of the community will admit; and that in all cases the military shall be kept in strict subordination to the civil authority.

Article 1: Bill of Rights:

Section 23: Right to Keep and Bear Arms:

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.

Article I: Declaration of Rights:

Section 6: Right to bear arms:

The individual right of the people to keep and bear arms for security and defense of self, family, others, property, or the state, as well as for other lawful purposes shall not be infringed; but nothing herein shall prevent the legislature from defining the lawful use of arms.

VERMONT: (1777)

Article 1:

That all persons are born equally free and independent, and have certain natural, inherent, and unalienable rights, amongst which are the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety; therefore no person born in this country, or brought from over sea, ought to be holden by law, to serve any person as a servant, slave or apprentice, after arriving to the age of twenty-one years, unless bound by the person’s own consent, after arriving to such age, or bound by law for the payment of debts, damages, fines, costs, or the like.

VERMONT: (present Constitution):

Chapter I. A Declaration of the Rights of the Inhabitants of the State of Vermont

Article 16th: Right to bear arms; standing armies; military power subordinate to civil:

That the people have a right to bear arms for the defense of themselves and 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.

VIRGINIA: (1776)

Article 1, Section 13. Militia; standing armies; military subordinate to civil power.

That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.

VIRGINIA: (Present Constitution)

Article 1: Bill of Rights:

Section 13. Militia; standing armies; military subordinate to civil power:

That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.

Article I: Declaration of Rights:

Section 24: Right to Bear Arms:

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.

Article 3: Bill of Rights:

Section Con.3-22: Right to Keep and Bear Arms:

A person has the right to keep and bear arms for the defense of self, family, home and state, and for lawful hunting and recreational use.

Article I: Declaration of Rights:

Section25: Right to Keep and Bear Arms:

The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.

Article I: Declaration of Rights:

Section: 97-1-024: The right of citizens to bear arms in defense of themselves and of the state shall not be denied.

Table of Contents

Massachusetts' attorney Kim Weissman closed his website, Congress Action Newsletter, and has graciously selected TYSK as the repository for his very popular Second Amendment Information. Mr. Weissman and TYSK both hope that you will find what is contained here informative and enlightening and useful in refuting the claims, falsehoods, and distortions offered by those that want to restrict or eliminate the one pillar of the Bill of Rights which protects all others.