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Arkansas Right to Keep and Bear Arms Amendment (2026)
| Arkansas Right to Keep and Bear Arms Amendment | |
|---|---|
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| Election date |
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| Topic Constitutional rights and Firearms policy |
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| Status On the ballot |
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| Type Legislatively referred constitutional amendment |
Origin |
The Arkansas Right to Keep and Bear Arms Amendment is on the ballot in Arkansas as a legislatively referred constitutional amendment on November 3, 2026.
A "yes" vote supports expand the constitutional right to keep and bear arms to include for lawful hunting and recreational use or other lawful purposes, without limitation on the possession and use of ammunition, firearm accessories, or firearm components. The amendment would state that the right to keep and bear arms is "a natural, fundamental, and individual right that shall not be infringed." |
A "no" vote opposes expanding the constitutional right to keep and bear arms to include for lawful hunting and recreational use or other lawful purposes, and opposes stating that the right to keep and bear arms is "a natural, fundamental, and individual right that shall not be infringed." Voting "no" would leave the existing constitutional provision in place, which states that "The citizens of this State shall have the right to keep and bear arms, for their common defense." |
Overview
What would the amendment change about the right to keep and bear arms in Arkansas?
- See also: Text of measure
Currently, Section 5 of Article 2 of the Arkansas Constitution states, "The citizens of this State shall have the right to keep and bear arms, for their common defense."
In addition to guaranteeing the right to keep and bear arms for their common defense, the amendment would add that Arkansas citizens have the right to keep and bear arms for lawful hunting and recreational use and for any other lawful purpose.[1]
The amendment would provide a right to possess and use ammunition, firearm accessories, and firearm components without limitation.[1]
The amendment would state that the right to keep and bear arms "is a natural, fundamental, and individual right that shall not be infringed."[1]
How many states have a constitutional right to keep and bear arms?
Forty-five states have a right to bear arms in their constitutions. Five states—California, Maryland, Minnesota, New Jersey, and New York—do not. North Carolina, Pennsylvania, and Virginia were the first to add such a right to their state constitutions in 1776.
The most recent amendments were added in Louisiana in 2012, Alabama and Missouri in 2014, and Iowa in 2022.[2]
What have supporters and opponents said about this amendment?
- See also: Support and Opposition
State Rep. Matt Duffield (R-53), sponsor of the amendment in the House said, "At the end of the day, the Second Amendment and our own right to keep and bear arms in the Arkansas Constitution is not about hunting, it’s not about sport-shooting and it’s not about self-protection. It’s about a citizen’s last line of defense against tyranny, and it’s part of our nation’s DNA."[3]
Anna Morshedi, Arkansas state chapter lead for Moms Demand Action for Gun Sense in America, said, "The extreme and absolute language of the amendment could create unintended consequences. Declaring that the right to keep and bear arms includes 'without limitation' to the possession of ammunition, accessories, and components could open the door to legal challenges that undermine responsible gun ownership. By using absolute language this amendment could make it harder to enforce laws that protect law abiding citizens from criminals and those who abuse their rights."[4]
Text of measure
Popular name
The popular name is as follows:[1]
| “ | A Constitutional Amendment to Amend Arkansas Constitution, Article 2, § 5, to Protect the Right to Keep and Bear Arms.[5] | ” |
Ballot title
The ballot title is as follows:[6]
| “ | AN AMENDMENT TO THE ARKANSAS CONSTITUTION TO PROVIDE THAT THE CITIZENS OF THE STATE OF ARKANSAS SHALL HAVE THE RIGHT TO KEEP AND BEAR ARMS FOR THEIR COMMON DEFENSE, FOR LAWFUL HUNTING AND RECREATIONAL USE, AND FOR ANY OTHER LAWFUL PURPOSE; PROVIDING THAT THE RIGHT TO KEEP AND BEAR ARMS INCLUDES WITHOUT LIMITATION THE POSSESSION AND USE OF AMMUNITION, FIREARM ACCESSORIES, AND FIREARM COMPONENTS; AND PROVIDING THAT THE RIGHT TO KEEP AND BEAR ARMS IS A NATURAL, FUNDAMENTAL, AND INDIVIDUAL RIGHT THAT SHALL NOT BE INFRINGED.[5] | ” |
Constitutional changes
- See also: Article 2, Arkansas Constitution
The measure would amend Section 5 of Article II of the Arkansas Constitution. The following struck-through text would be deleted and underlined text would be added.[1]
Note: Hover over the text and scroll to see the full text.
§ 5. Right to keep and bear arms.
(a) The citizens of this State shall have the right to keep and bear arms, for:
(1) their Their common defense;
(2) Lawful hunting and recreational use; and
(3) Any other lawful purpose.
(b) The right to keep and bear arms under subsection (a) of this section includes without limitation the possession and use of: (1) Ammunition; (2) Firearm accessories; and (3) Firearm components.
(c) The right to keep and bear arms under subsection (a) of this section is a natural, fundamental, and individual right that shall not be infringed.[5]
Support
Supporters
Officials
- State Sen. John Payton (R)
- State Rep. Matt Duffield (R)
Arguments
Opposition
Opponents
Organizations
Arguments
Campaign finance
If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Total | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Background
Arkansas constitutional right to keep and bear arms
Arkansas' original constitution of 1836 included the right to keep and bear arms. Section 21 of Article II of the original constitution stated, "That the free white men of this State shall have a right to keep and to bear arms for their common defence."[7]
In 1868, the language was changed and became Article 2 of Section 5, stating, "The citizens of this State shall have the right to keep and bear arms for their common defense."[7]
Right to bear arms in state constitutions
Forty-five states have a right to bear arms in their constitutions. Five states— California, Maryland, Minnesota, New Jersey, and New York— do not. North Carolina, Pennsylvania, and Virginia were the first to add such a right to their state constitutions in 1776. The most recent amendments were added in Louisiana in 2012, Alabama and Missouri in 2014, and Iowa in 2022.[8]
Second Amendment, U.S. Constitution
The Second Amendment in the U.S. Constitution Bill of Rights states that the right of the people to keep and bear arms shall not be infringed. The text of the Second Amendment is as follows:
| Text of Amendment II:
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. |
Path to the ballot
Amending the Arkansas Constitution
- See also: Amending the Arkansas Constitution
A simple majority vote is required during one legislative session for the Arkansas State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 51 votes in the Arkansas House of Representatives and 18 votes in the Arkansas State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Senate Joint Resolution 11 (2025)
The following is the timeline of the constitutional amendment in the state legislature:[1]
- April 10, 2025: The state Senate passed the amendment in a vote of 28-7.
- April 15, 2025: The House passed the amendment in a vote of 86-10.
| Votes Required to Pass: 18 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 28 | 7 | 0 |
| Total % | 80.0% | 20.0% | 0.0% |
| Democratic (D) | 0 | 6 | 0 |
| Republican (R) | 28 | 1 | 0 |
| Votes Required to Pass: 51 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 86 | 10 | 4 |
| Total % | 86.0% | 10.0% | 4.0% |
| Democratic (D) | 5 | 10 | 4 |
| Republican (R) | 81 | 0 | 0 |
How to cast a vote
- See also: Voting in Arkansas
See below to learn more about current voter registration rules, identification requirements, and poll times in Arkansas.
See also
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External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 Arkansas State Legislature, "SJR 11," accessed April 11, 2025
- ↑ ProCon.org, "State Constitutional Right to Bear Arms," accessed January 29, 2021
- ↑ Arkansas Advocate, "Arkansas lawmakers refer three proposed constitutional amendments to 2026 ballot," accessed April 23, 2025
- ↑ Arkansas Times, "Arkansas lawmakers may shoot us all in the foot with their Southern-fried version of 2A," accessed April 23, 2025
- ↑ 5.0 5.1 5.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedText - ↑ 7.0 7.1 UCLA Law School, "State Constitutional Right to Keep and Bear Arms Provisions," accessed April 23, 2025
- ↑ ProCon.org, "State Constitutional Right to Bear Arms," accessed January 29, 2021
- ↑ Arkansas Code, "Title 7, Chapter 5, Subchapter 304," accessed April 3, 2023
- ↑ 10.0 10.1 10.2 10.3 Arkansas Secretary of State, "Voter Registration Information," accessed July 29, 2024
- ↑ Arkansas Secretary of State, "Arkansas Voter Registration Application," accessed November 1, 2024
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ Arkansas Secretary of State, "Frequently Asked Questions," accessed July 29, 2024
