The States which Enumerated the Right to Keep and Bear Arms Prior to the U.S. Constitution:
Prior to the adoption of the United States Constitution, eight of the original thirteen states had adopted their own Bills of Rights. And more had inferred the right/duty in the militia clauses of their State Constitutions.
The Right and Duty of Self-Preservation has long been considered as the First Law of Nature. Because of the common acceptance of this fact it can be considered as one of Self-evident 'Truths' alluded to by Thomas Jefferson in the Declaration of Independence. There is much evidence available to back this asssertion:
"The First Law of Nature is that every man ought to endeavour peace, as far as he has hope of obtaining it; and when he cannot obtain it, that he may seek and use all helps and advantages of war."
- Thomas Hobbs, Leviathan, 1651
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"He that suffers his life to be taken from him by one that hath no authority for that purpose, when he might preserve it by defense, incurs the Guilt of self murder since God hath enjoined him to seek the continuance of his life, and Nature itself teaches every creature to defend itself."
- Sermon given in Philadelphia, 1747
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"Resistance to sudden violence, for the preservation not only of my person, my limbs, and life, but of my property, is an indisputable right of nature which I have never surrendered to the public by the compact of society, and which perhaps, I could not surrender if I would."
- John Adams, Boston Gazette, Sept. 5, 1763
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I. Natural Rights of the Colonists as Men.
Among the natural rights of the Colonists are these: First, a right to life; Secondly, to liberty; Thirdly, to property; together with the right to support and defend them in the best manner they can. These are evident branches of, rather than deductions from, the duty of self-preservation, commonly called the first law of nature.
- Samuel Adams, The Rights of The Colonists, November 20, 1772
In view of the above, and with the addition of other irrefutable historical data. It can indeed be contended, that the Right of the free citizen of the United States of America to Keep and Bear Arms, is indisputable. In addition, the Right to Keep and Bear Arms had already been enumerated by Eight, (8), states in their constitutions;
June 12, 1776
13. That a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free state; 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.
September 11, 1776
18. That a well-regulated militia is the proper, natural and safe defence of a free government.
September 28, 1776
XIII. That the people have a right to bear arms for the defence 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; and that the military should be kept under strict subordination to, and governed by, the civil power.
November 11, 1776
XXV. That a well-regulated militia is the proper and natural defence of a free government.
December 18, 1776
XVII. That the people have a right to bear arms for the defence of 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 the strict subordination to, and governed by, the civil power.
February 5, 1777
XXXV. Every county in this State that has, or hereafter may have, two hundred and fifty men, and upwards, liable to bear arms, shall be formed into a battalion; and when they become too numerous for one battalion, they shall be formed into more, by bill of the legislature; and those counties that have a less number than two hundred and fifty shall be formed into independent companies.
April 20, 1777
XL. And whereas it is of the utmost importance to the safety of every State that it should always be in a condition of defence; and it is the duty of every man who enjoys the protection of society to be prepared and willing to defend it; this convention therefore, in the name and by the authority of the good people of this State, doth ordain, determine, and declare 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. That all such of the inhabitants of this State being of the people called Quakers as, from scruples of conscience, may be averse to the bearing of arms, be therefrom excused by the legislature; and do pay to the State such sums of money, in lieu of their personal service, as the same; may, in the judgment of the legislature, be worth. And that a proper magazine of warlike stores, proportionate to the number of inhabitants, be, forever hereafter, at the expense of this State, and by acts of the legislature, established, maintained, and continued in every county in this State.
July 8, 1777
XV. That the people have the right to bear arms for the defence of themselves and the State …
October 25, 1780
XVII. The people have a right to keep and bear arms for the common defence.
June 2, 1784
XXIV. A well regulated militia is the proper, natural, and safe defence of a state.
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