Alabama Constitution Section 26 - Right to bear arms.
Alabama Constitution – Section 26: Right to Bear Arms
Here is the full text of Section 26 of the Alabama Constitution (as originally written, prior to amendment):
"That every citizen has a right to bear arms in defense of himself and the state."
Interpretation:
This section affirms an individual right for Alabama citizens to possess and carry weapons, specifically for:
Self-defense, and
Defense of the state.
Amendment Note:
In 2014, Alabama voters approved Amendment 3, which strengthened Section 26. The amended version reads:
“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.”
Key Points of the Amendment:
The right is now called “fundamental,” enhancing its legal weight.
Any laws limiting this right must pass strict scrutiny, the highest standard of judicial review.
This means the law must serve a compelling government interest and be narrowly tailored.
Comparison with U.S. Constitution:
This is similar to the Second Amendment of the U.S. Constitution, but Alabama’s provision is:
More explicitly individual in nature.
Made more robust by the “strict scrutiny” requirement.
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