The text of a post I made from 3/07 about this very issue:
I for one have always beleived the right for Citizens to KEEP and bear arms is just that, a right for each individual citizen to own, keep and bear arms.
The constant assaults against this position and a recent court ruling from Washington DC (which is being appealed by the City of Washington DC) which stated this right does extend to the individual citizen have made me want to look into his deeper and see what the framers of the US Constitution had in mind with the second amendment.
I did some research and have posted what I found below..
United States Bill of Rights (ratfied December 15, 1791)
The Second Amendment " A well regulated militia, being neccessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed".
Having looked at this in the abstract, standing alone, I can see where some may feel this means this is for a "Militia" (army) and not the individual, however standing alone also "the right of the people" seem to be fairly clear also.
To understand what the founders of this country were trying to say I looked at the US Declaration of Independence. A part of this jumped out at me as fairly important to the state of mind of the founding fathers of this country. ....."but when a long train of abuses and usurpations pursuing the same Object evinces a design to reduce them under absolute Despotism, it is their right, their duty, to throw off such government, and to provide new guards for their future security".
The Declaration of Independence was signed July 4, 1776 and the first 10 amendments were ratified by the States on December 15, 1791. Originally the Bill of Rights only applied to the Federal Goverment but many series of 20th century court cases by the Supreme Court have stated that these rights (most of them) apply to the states.
So I looked at the Individual State Constitutions for the original 13 colonies.
Pennsylvania Adopted Sept 28, 1776
Section 21 Right to Bear Arms.
The right OF THE CITIZENS to bear arms in defense of THEMSELVES AND THE STATE shall not be infirnged
New Hampshire June 2, 1784
Artilce 2-a The Bearing of Arms
All person have the right to keep and bear arms in defense of themselves, their families, their property and the State.
Georgia (as revised Jan 2005)
Article 1 Section 1 RIGHTS OF PERSONS
Thye right of the poeple to keep and bear arms shall not be infringed, but the general assembly shall have the power to prescribe the manner in which arms may be BORNE.
Massechusetts Bill of Rights 1780
Article 17.
The people have the right to keep and bear arms for the common defense....
Rhode Island 1663-1843 new Constitution adopted 1780
Section 22 Right to bear Arms
The right of the people to keep and bear arms shall not be infringed.
Virginia June 1788
Article 17
That the people have the right to keep and bear arms...(amended)
North Carolina August 1788
Article 17
That the people have the right to keep and bear arms (amended)
***North Carolina and Virginia read exactly the same***
Delaware Sept 11, 1776 and Maryland May 8, 1867
Both read..
That a well regulated militia is the proper and natural defense of a free Government.
Del article 18 Maryland Art 28.
New York April 20, 1777
Article XL..
And whereas it is of the utmost importance to the safety of every state that it should always be in a condition of defense; and it is the duty of every man who enjoys the protection of society to be prepared and willing to defend it, this convention therefor, in the name and by the authority of the good people of this state, doth ordain, determine and delcare that the militia of this state, at all times hereafter, as well in peace as in war. shall be armed and disciplined and in readiness for service...
My conclusions:
Most of the constitutions of these states were ratified PRIOR to the United States Bill of Rights and a majority make it unambiguoius as to the intent that the CITIZENS have the right to keep and bear arms. There are some exceptions where the INDIVIDUAL RIGHTS are not expressly stated New York, Delaware and Maryland and to some extent Massechusetts.
However the MAJORITY OF THE STATES THAT WERE NEEDED TO RATIFY THE UNITED STATES BILL OF RIGHTS CLEARLY BY THEIR OWN CONSTITUTIONS INFER THIS RIGHT UPON THE INDIVIDUAL CITIZEN, NOT UPON THE STATES.
In as much as the United States Bill of Rights sets forth the MINIMUM STANDARDS OF RIGHT FOR ALL CITIZENS OF THE UNITED STATES.. Those states who have less than plain defining language as to the individual right ARE BOUND TO EXTEND THESE MINIMUM RIGHTS TO THEIR CITIZENS..
