A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed; and, as standing armies in time of peace are dangerous to liberty, they shall not be maintained, and the military shall be kept under strict subordination to, and governed by, the civil power. Nothing herein shall justify the practice of carrying concealed weapons, or prevent the General Assembly from enacting penal statutes against that practice.
History Note. - The provisions of this section are similar to those of Art. I, § 24, Const. 1868, as amended by the Convention of 1875.
CASE NOTES
Editor's Note. - Most of the cases cited below were decided under former Art. I, § 24, Const. 1868, as amended by the Convention of 1875.
This section guarantees the right to bear arms to the people in a collective sense, similar to the concept of a militia, and also to individuals. State v. Dawson, 272 N.C. 535, 159 S.E.2d 1 (1968).
Purpose. - The purpose of the constitutional guaranty of the right to bear arms is to secure a well-regulated militia. State v. Dawson, 272 N.C. 535, 159 S.E.2d 1 (1968).
The purpose of the declaration that a well-regulated militia is necessary to the security of a free state was to insure the existence of a State militia as an alternative to a standing army. Such armies were regarded as peculiarly obnoxious in any free government. State v. Dawson, 272 N.C. 535, 159 S.E.2d 1 (1968).
"Militia". - Militia is defined as the body of citizens in a state, enrolled for discipline as a military force, but not engaged in actual service except in emergencies, as distinguished from regular troops or a standing army. State v. Dawson, 272 N.C. 535, 159 S.E.2d 1 (1968).
Law or Construction Destroying Right to Bear Arms Would Be Unconstitutional. - Any statute, or construction of a common-law rule, which would amount to a destruction of the right to bear arms would be unconstitutional. State v. Dawson, 272 N.C. 535, 159 S.E.2d 1 (1968).
Individual Has Right to Possess Weapon. - The individual has the right, subject to reasonable regulation by the legislature, to possess a weapon in order to exercise his common-law right of self-defense. State v. Dawson, 272 N.C. 535, 159 S.E.2d 1 (1968).
Convicted Felons. - G.S. 14-451.1 did not violate the convicted felon's due process or equal protection rights because plaintiff's right to possess firearms was not a vested right and the statutory scheme treated all felons the same and served to protect the health, welfare, and safety of the citizens of North Carolina. Britt v. State, - N.C. App. - , 649 S.E.2d 402 (2007).
But Right Is Subject to Regulation. - The right of individuals to bear arms is not absolute, but is subject to regulation. State v. Dawson, 272 N.C. 535, 159 S.E.2d 1 (1968).
The right to bear arms, which is protected and safeguarded by the federal and State Constitutions, is subject to the authority of the General Assembly, in the exercise of the police power, to regulate, but the regulation must be reasonable and not prohibitive, and must bear a fair relation to the preservation of the public peace and safety. State v. Dawson, 272 N.C. 535, 159 S.E.2d 1 (1968).
For case stating that the last clause of this provision constitutes an exception to the first and indicates the extent to which the right of the people to bear arms can be restricted, that is, that the legislature can prohibit the carrying of concealed weapons, but no further, see State v. Kerner, 181 N.C. 574, 107 S.E. 222 (1921).
Right to Bear Arms and Carrying of Concealed Weapons Distinguished. - This provision of the Constitution plainly observes the distinction between the "right to keep and bear arms" and "the practice of carrying concealed weapons." The first, it is declared, shall not be infringed, while the latter may be prohibited. Even without this constitutional provision, the legislature may by law regulate the right to bear arms in a manner conducive to the public peace. State v. Speller, 86 N.C. 697 (1882), approved in State v. Reams, 121 N.C. 556, 27 S.E. 1004 (1897).
This section does not license self-appointed vigilantes, extremist groups, hoodlums, or any persons whomsoever to arm themselves for the purpose of intimidating the people and then, so long as they flaunt those weapons, to roam with impunity to the terror of the people. State v. Dawson, 272 N.C. 535, 159 S.E.2d 1 (1968).
Common-Law Offense Not Abrogated. - The constitutional guaranty of the right to bear arms does not abrogate the common-law offense of going armed with unusual weapons to the terror of the people. State v. Dawson, 272 N.C. 535, 159 S.E.2d 1 (1968).
Cited in State v. Dobbins, 277 N.C. 484, 178 S.E.2d 449 (1971).