Eleanor Finch
The Second Amendment of the US Constitution grants citizens the right to keep and bear arms. In Alabama, the right of private individuals to bear arms is enshrined in Article I, § 26 of the state's constitution. This provision was amended in 2014, making it easier to challenge state and local gun laws in court. The amendment forces state courts to review gun laws under the technical and confusing judicial standard known as strict scrutiny.
| Characteristics | Values |
|---|---|
| Name | Second Amendment |
| Date | 2014 |
| Article | I, § 26 |
| Description | Sets forth the right of a private individual to bear arms |
| Text | "Every citizen has a fundamental right to bear arms in defense of himself or herself and the state. Any restriction on this right shall be subject to strict scrutiny. No citizen shall be compelled by any international treaty or international law to take an action that prohibits, limits, or otherwise interferes with his or her fundamental right to keep and bear arms in defense of himself or herself and the state, if such treaty or law, or its adoption, violates the United States Constitution." |
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What You'll Learn
The right to bear arms
> 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.
> (a) Every citizen has a fundamental right to bear arms in defense of himself or herself and the state. Any restriction on this right shall be subject to strict scrutiny. (b) No citizen shall be compelled by any international treaty or international law to take an action that prohibits, limits, or otherwise interferes with his or her fundamental right to keep and bear arms in defense of himself or herself and the state, if such treaty or law, or its adoption, violates the United States Constitution.
In 2014, Alabama voters approved an amendment to this provision, making it easier to challenge state and local gun laws in court. This amendment forces state courts to review gun laws under the rigorous judicial standard known as "strict scrutiny". The amendment shifted the long-held position of the Supreme Court of Alabama, which had maintained that the right to "bear arms" under the state constitution could be regulated by the state.
The Alabama Supreme Court has rejected several Article I, § 26 challenges to state firearms statutes. However, it is unclear whether these decisions will be upheld in light of the 2014 amendment.
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The right to self-defence
The right to bear arms is a contentious issue in the United States, with the Second Amendment to the US Constitution stating: "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."
This right has been interpreted differently across various states, and Alabama is no exception. The Alabama Constitution also guarantees its citizens the right to bear arms, with Article I, § 26 stating:
> “(a) Every citizen has a fundamental right to bear arms in defense of himself or herself and the state. Any restriction on this right shall be subject to strict scrutiny. (b) No citizen shall be compelled by any international treaty or international law to take any action that prohibits, limits, or otherwise interferes with his or her fundamental right to keep and bear arms in defense of himself or herself and the state, if such treaty or law, or its adoption, violates the United States Constitution.”
This right to self-defence was strengthened in 2014 when voters approved an amendment that made it easier to challenge state and local gun laws in court. This amendment shifted the interpretation of the right to bear arms, previously, the Alabama Supreme Court had taken the position that this right could be regulated by the state.
The 2014 amendment has had a significant impact on gun laws in Alabama, with state courts now reviewing these laws under the rigorous "strict scrutiny" standard. This standard is the toughest form of judicial review, and it has made it more challenging to uphold restrictions on the right to bear arms.
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The right to keep arms
The right to keep and bear arms is a highly debated topic in the United States, with varying gun laws across different states. The Second Amendment of the US Constitution states:
> 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.
The right to bear arms is also enshrined in the Alabama Constitution, which upholds the right of private individuals to bear arms. Article I, § 26 of the Alabama Constitution states:
> (a) Every citizen has a fundamental right to bear arms in defense of himself or herself and the state. Any restriction on this right shall be subject to strict scrutiny. (b) No citizen shall be compelled by any international treaty or international law to take an action that prohibits, limits, or otherwise interferes with his or her fundamental right to keep and bear arms in defense of himself or herself and the state, if such treaty or law, or its adoption, violates the United States Constitution.
The Alabama Constitution's Article I, § 26 underwent a significant amendment in 2014, which made it easier to challenge state and local gun laws in court. This amendment shifted the interpretation of the right to bear arms in Alabama, as previously, the Supreme Court of Alabama had maintained that this right could be regulated by the state.
The Alabama Supreme Court has rejected several challenges to state firearms statutes based on Article I, § 26. However, the impact of the 2014 amendment on these decisions remains uncertain. The amendment has forced state courts to review gun laws under a rigorous judicial standard known as "strict scrutiny," which could lead to more laws being struck down.
The right to keep and bear arms in Alabama has been further emphasised by the signing of the constitutional carry bill into law by Governor Kay Ivey in 2022, defending the Second Amendment rights of law-abiding Alabamians.
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The right to challenge state and local gun laws
The Second Amendment of the US Constitution states: "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."
In Alabama, Article I, § 26 of the state constitution sets forth the right of a private individual to bear arms. In 2014, voters approved an amendment to this provision, making it easier to challenge state and local gun laws in court.
The 2014 amendment changed Article I, § 26 to read:
> “(a) Every citizen has a fundamental right to bear arms in defense of himself or herself and the state. Any restriction on this right shall be subject to strict scrutiny. (b) No citizen shall be compelled by any international treaty or international law to take an action that prohibits, limits, or otherwise interferes with his or her fundamental right to keep and bear arms in defense of himself or herself and the state, if such treaty or law, or its adoption, violates the United States Constitution.”
The amendment forces state courts to review gun laws under the technical and challenging judicial standard of "strict scrutiny," which is the toughest form of judicial review.
Prior to the 2014 amendment, the Alabama Supreme Court had consistently taken the position that the right to "bear arms" under the state constitution could be regulated by the state. The court had rejected multiple Article I, § 26 challenges to state firearms statutes, including those prohibiting the open carry of pistols on another's premises and barring individuals from pointing firearms at others.
The impact of the 2014 amendment on these previous decisions is uncertain, and it remains to be seen how Alabama courts will rule on future challenges to state and local gun laws.
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The right to carry firearms in public
The right to keep and bear arms is a contentious issue in the United States, with the Second Amendment of the US Constitution stating:
> 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.
The right to bear arms is also enshrined in the Alabama Constitution, which has been amended to strengthen this right. Article I, § 26 of the Alabama Constitution sets forth the right of private individuals to bear arms, stating:
> (a) Every citizen has a fundamental right to bear arms in defense of himself or herself and the state. Any restriction on this right shall be subject to strict scrutiny. (b) No citizen shall be compelled by any international treaty or international law to take any action that prohibits, limits, or otherwise interferes with his or her fundamental right to keep and bear arms in defense of himself or herself and the state, if such treaty or law, or its adoption, violates the United States Constitution.
This amendment was passed in 2014 and makes it easier to challenge state and local gun laws in court. The amendment has been interpreted as subjecting gun control laws to "strict scrutiny", the toughest form of judicial review. This means that laws evaluated under this standard are more likely to be struck down.
Prior to the 2014 amendment, the Alabama Supreme Court had taken the position that the state could regulate the right to bear arms. The court rejected challenges to state firearms statutes, including those prohibiting the open carry of pistols on another's premises and barring individuals from pointing firearms at another person. However, the court's decisions prior to the 2014 amendment may be called into question following the new legislation.
In 2022, Governor Kay Ivey signed the constitutional carry bill into law, further defending the Second Amendment rights of law-abiding Alabamians.
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Frequently asked questions
The second amendment of the Alabama Constitution is the right of a private individual to bear arms.
Article I, § 26 of the Alabama Constitution states:
> “(a) Every citizen has a fundamental right to bear arms in defense of himself or herself and the state. Any restriction on this right shall be subject to strict scrutiny. (b) No citizen shall be compelled by any international treaty or international law to take an action that prohibits, limits, or otherwise interferes with his or her fundamental right to keep and bear arms in defense of himself or herself and the state, if such treaty or law, or its adoption, violates the United States Constitution.”
In 2014, voters approved an amendment to Article I, § 26, making it easier to challenge state and local gun laws in court. The amendment forces state courts to review gun laws under the technical and confusing judicial standard known as "strict scrutiny".
