Arkansas had a strong win for Second Amendment supporters on election day of 2026. The state constitutional amendment was Issue NO. 2 on the ballot. It passed 70.80% to 29.20%. This is a strong showing, consistent with other state constitutional amendments supporting the right to keep and bear arms in other states.
Arkansas has two methods to amend the state constitution. One is for the legislature to put the measure on the ballot for approval. A majority of both houses is required to do so. The legislature is limited to put three measures on the ballot at a time. The legislature chose to put Issue NO. 2 on the ballot in 2026. The other measure is to obtain signatures of 10% of the people in a certain number of counties. That method was not used for Issue NO. 2.
The previous Constitutional protection for the right to keep and bear arms was a bit weak. It was passed during reconstruction after the Civil War, or the War Between the States, if you prefer, in 1868 Here is the previous wording: Art. II, § 5 (enacted 1868, art. I, § 5).
The citizens of this State shall have the right to keep and bear arms, for their common defense.
The above might be interpreted to mean “only for their common defense”. Issue NO. 2 on the ballot in 2026 read this way:
ISSUE NO. 2
Popular Name
A Constitutional Amendment to Amend Arkansas Constitution, Article 2, § 5, to Protect the Right to Keep and Bear Arms.
Ballot Title
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.
SECTION 2. Arkansas Constitution, Article 2, § 5, is amended to read as follows:
§ 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 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.
SECTION 3. EFFECTIVE DATE. This amendment to the Arkansas Constitution is effective on and after January 1, 2027
The only organizational opposition which was noted at Ballotpedia was that of Arkansas Moms Demand Action for Gun Sense in America.
Issue NO. 2 improves the protection for Arkansas. 45 states have the right to keep and bear arms protected by a provision of the state constitution. Iowa was the last state to add such an amendment, in 2022. The five states which do not have such protection are: California, Minnesota, New York, New Jersey, and Maryland. These states figure prominently in cases challenging infringements on the Second Amendment enacted into law in those states. State constitutions can provide some measure of protection against infringements. They are not perfect. Massachusetts is an example. Hawaii is another. In Hawaii, the state supreme court went so far as to write:
“The spirit of Aloha clashes with a federally-mandated lifestyle that lets citizens walk around with deadly weapons during day-to-day activities. The history of the Hawaiian Islands does not include a society where armed people move about the community to possibly combat the deadly aims of others,”
United States Supreme Court Justice Samuel Alito mentioned the quote in writing the opinion for Wolford v. Lopez, which struck down the Hawaii law 6-3.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
