Fifty Constitutions, Many Voices

The Second Amendment is not the only legal protection for arms rights. Most states have a provision in their own constitution addressing the right to keep or bear arms. Some date from the founding era; others were adopted or amended much more recently.

Their language differs. Some provisions echo the Second Amendment's reference to the militia. Others speak of a right to bear arms in defense of oneself and the state. Some expressly mention hunting, recreation or the defense of home and property, and some include language about regulation by the legislature, such as the carrying of concealed weapons.

Because they are separate documents, state constitutions are interpreted by state courts. A state court may read its own constitution to provide protection beyond, or different from, what federal courts find in the Second Amendment, though it cannot provide less than the federal Constitution requires.

Since McDonald v. City of Chicago (2010), the Second Amendment applies to the states through the Fourteenth Amendment, so both federal and state protections are now in play in many cases. State constitutional provisions remain important, especially where state courts have developed their own body of law.

If you want to know what your state's constitution says, read the text on your state legislature's official website. To understand how it applies to a specific situation, consult a licensed attorney in your state. This article is general education, not legal advice.