Massachusetts Constitution, Articles 24. Right to bear arms
Massachusetts Constitution – Article XXIV (24): Right to Bear Arms
The Massachusetts Constitution does not have a "Right to Bear Arms" in Article 24. In fact:
🔍 Article XXIV of the Massachusetts Declaration of Rights actually states:
“The people have a right to keep and to bear arms for the common defence. 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.”
⚖️ Explanation & Key Points:
Right to Bear Arms – for the Common Defense
The article does affirm a right to bear arms, but notably:
It is framed around collective defense, not individual self-defense.
Emphasizes the militia role, rather than unrestricted personal firearm ownership.
Civilian Control of the Military
Strongly reaffirms the primacy of civil authority over the military.
Armies in peacetime are considered dangerous to liberty unless authorized by the legislature.
Historical Context
Written in 1780, before the U.S. Bill of Rights.
Reflects Revolutionary distrust of standing armies (influenced by British rule) and strong support for militia-based defense systems.
⚠️ Comparison to the U.S. Constitution (Second Amendment):
| Massachusetts Article 24 | U.S. Second Amendment |
|---|---|
| Focus on “common defense” | Emphasizes “security of a free state” |
| Arms right tied to militia purposes | Arms right tied to both militia & individuals (per SCOTUS) |
| Civil authority over military emphasized | Less emphasis on civilian-military balance |
RELATED Blog
0 comments