Massachusetts Constitution, Articles 16. Right to bear arms
Massachusetts Constitution – Part the First, Article XVI: The Right to Bear Arms & Freedom of the Press
🔹 Full Text of Article XVI
(as originally adopted in 1780, and partially amended):
Original Text (1780):
“The liberty of the press is essential to the security of freedom in a state: it ought not, therefore, to be restrained in this commonwealth.”
Amended Text (1972 Amendment – Article LXXVII):
“The liberty of the press is essential to the security of freedom in a state: it ought not, therefore, to be restrained in this commonwealth.
_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.”
🔹 Key Principles:
Freedom of the Press:
Declares freedom of the press to be vital for a free state.
One of the earliest constitutional protections of press liberty in American history.
Right to Bear Arms (added in 1972):
Recognizes the right of individuals to keep and bear arms, but for the common defense – unlike the U.S. Constitution's Second Amendment, which is broader and more individual in tone.
Implies that the right is connected to civic or militia-related purposes, not necessarily self-defense or private ownership for personal use (though that has evolved through court interpretations).
Civil-Military Subordination:
Reiterates classical republican concerns:
Standing armies in peacetime are seen as threats to liberty.
The legislature must approve any military presence.
The military is subordinate to civil government.
🔹 Interpretation and Legal Context:
The Massachusetts Supreme Judicial Court has historically interpreted Article XVI’s right to bear arms as not guaranteeing an unrestricted personal right to carry weapons, especially in contrast with more expansive interpretations of the Second Amendment to the U.S. Constitution (e.g., in District of Columbia v. Heller).
The “common defense” phrase suggests a collective or militia-oriented interpretation rather than purely individual.
🔹 Comparison to the U.S. Constitution – Second Amendment:
| Provision | Massachusetts Article XVI | U.S. Second Amendment |
|---|---|---|
| Right to Bear Arms | “For the common defense” | “For the security of a free state” |
| Press Freedom | Explicit and emphasized | Not mentioned in the Second Amendment |
| Military Subordination Clause | Explicit | Not mentioned |
| Interpretive Tradition | Collective/militia-based | Individual right (per Heller, 2008) |
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