5 States Don't Have A Right To Keep & Bear Arms In Their State Constitution! What About YOUR State?!

Published on December 26, 2023
Duration: 34:18

This video provides a comprehensive overview of state constitutional rights to keep and bear arms, highlighting that five states (California, Maryland, Minnesota, New Jersey, and New York) do not explicitly recognize this right in their state constitutions. It explains the historical context, including the Supreme Court's decisions in Heller and McDonald v. Chicago, which incorporated the Second Amendment to apply to states. The presenter encourages viewers to research their state's specific constitutional provisions and engage in the process of amending them if they wish to strengthen gun rights.

Quick Summary

Five U.S. states—California, Maryland, Minnesota, New Jersey, and New York—do not explicitly recognize an individual right to keep and bear arms in their state constitutions. This is despite the Supreme Court's rulings in Heller (2008) and McDonald v. Chicago (2010), which incorporated the Second Amendment to apply to the states, protecting this right against state infringement.

Chapters

  1. 00:00Intro: State of the Second Amendment
  2. 00:09Five States Without State Constitutional Right to Bear Arms
  3. 00:20The Second Amendment Explained
  4. 01:00The 14th Amendment and Incorporation
  5. 01:51Heller and McDonald Decisions
  6. 03:35Visual Map of State Constitutions (ProCon.org)
  7. 04:34The Five States Lacking Provisions
  8. 05:16State-by-State Constitutional Review Begins
  9. 05:50Alabama to Arizona Provisions
  10. 07:14Arkansas and California Provisions
  11. 08:04Colorado and Connecticut Provisions
  12. 08:54Delaware and Florida Provisions
  13. 11:33Georgia and Hawaii Provisions
  14. 12:30Idaho and Illinois Provisions
  15. 13:52Indiana and Iowa Provisions
  16. 14:21Kansas and Kentucky Provisions
  17. 16:18Louisiana and Maine Provisions
  18. 17:25Maryland and Massachusetts Provisions
  19. 18:13Michigan and Minnesota Provisions
  20. 18:48Mississippi and Missouri Provisions
  21. 21:43Montana and Nebraska Provisions
  22. 22:51Nevada and New Hampshire Provisions
  23. 23:17New Jersey and New Mexico Provisions
  24. 24:05New York and North Carolina Provisions
  25. 25:38North Dakota and Ohio Provisions
  26. 26:48Oklahoma and Oregon Provisions
  27. 27:25Pennsylvania and Rhode Island Provisions
  28. 28:22South Carolina and South Dakota Provisions
  29. 29:09Tennessee and Texas Provisions
  30. 30:39Utah and Vermont Provisions
  31. 31:34Virginia and Washington Provisions
  32. 32:34West Virginia and Wisconsin Provisions
  33. 33:05Wyoming and Conclusion
  34. 33:48Call to Action: Be Part of the Fix

Frequently Asked Questions

Which five states do not have a right to keep and bear arms in their state constitution?

As of late 2023, the five states that do not explicitly recognize an individual right to keep and bear arms in their state constitutions are California, Maryland, Minnesota, New Jersey, and New York. This means their state constitutions do not offer the same level of protection as those that do.

How did the Second Amendment become applicable to the states?

The Second Amendment was originally a restriction on the federal government. However, through Supreme Court rulings like McDonald v. City of Chicago (2010), which incorporated the Second Amendment via the 14th Amendment's Due Process Clause, this right is now also protected against state infringement.

What is the significance of the Heller and McDonald Supreme Court decisions regarding gun rights?

The Heller decision (2008) affirmed that the Second Amendment protects an individual's right to possess a firearm for traditionally lawful purposes, such as self-defense in the home. The McDonald decision (2010) then applied this individual right to the states, meaning states cannot infringe upon this fundamental right.

What can citizens do if their state constitution does not protect the right to bear arms?

Citizens in states lacking explicit constitutional protection for the right to bear arms can take action by researching the process for initiating a petition to amend their state constitution. This can lead to the right being placed on a future ballot for voters to decide.

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