§ 21. Right to bear arms.
The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.
§ 22. Standing army; military subordinate to civil power.
No standing army shall, in time of peace, be kept up without the consent of the Legislature, and the military shall in all cases and at all times be in strict subordination to the civil power.The 1776 PA Constitution:
§ 13. 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.The 1790 PA Constitution:
Sect. XXI. That the right of the citizens to bear arms, in defence of themselves and the state, shall not be questioned.
Sect. XXII. That no standing army shall, in time of peace, be kept up without the consent of the legislature; and the military, shall in all cases, and at all times, be in strict subordination to the civil power.
You'll note, this predates the signing of both the modern constitution and the Bill of Rights. State constitutions were drafted up and set into effect before the national framework was settled. Also - it is explicitly set into two sections, the right to bear arms, and the army - and that the people have a right for the 'defense of themselves" is explicit, not implied.
The other fascinating part to me is that during the 1790 constitutional convention (PA Bar note "The Pennsylvania Constitution of 1790 resembled more modern constitutions with which we are familiar today.") the wording was changed to add "Shall not be questioned". Which to me is clear as day to the intent our founding fathers of PA had when they thought about the regulation of arms!
Not random texts I claim no copyright. Random texts, I do not claim copyright.