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§ 4. Individual right to bear arms; armies. A person has the right to keep and bear arms for the defense of self, family, home and state, for lawful hunting and recreational use, and for any other lawful purpose; but standing armies, in time of peace, are dangerous to liberty, and shall not be tolerated, and the military shall be in strict subordination to the civil power.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 48; L. 2009, ch. 152, § 1; November 2, 2010.

Law Review and Bar Journal References:

"A Re-Examination of the Firearms Regulation Debate and Its Consequences," Harold S. Herd, 36 W.L.J. 196 (1997).

CASE ANNOTATIONS

1. No limitation on power to prohibit promiscuous carrying of arms. Salina v. Blaksley, 72 Kan. 230, 83 P. 619.

2. K.S.A. 21-2611 held constitutional; Legislature has power to define what constitutes crime. State v. Bolin, 200 Kan. 369, 370, 436 P.2d 978.

3. Section confers right to bear arms to the people as a collective body; does not prohibit enactment of laws prohibiting promiscuous carrying of arms. City of Junction City v. Lee, 216 Kan. 495, 497, 532 P.2d 1292.

4. City ordinance prohibiting anyone from carrying firearms within city limits held unconstitutionally broad; judgment affirmed. City of Junction City v. Mevis, 226 Kan. 526, 530, 601 P.2d 1145.

5. Provision of K.S.A. 21-6301 prohibiting possession of firearm by a person who is or has been a mentally ill person subject to involuntary commitment does not violate section. State v. McKinney, 59 Kan. App. 2d 345, 481 P.3d 806 (2021).