Right to Keep and Bear Arms
Plain English
Citizens have the right to own and carry firearms. The amendment also states that a well-regulated militia — meaning a trained, organized, and coordinated body of local citizen defenders — is essential to the security of a free and sovereign state within the Constitution’s federalist design. In this context, “state” refers broadly to the political community: a town, city, county, or state. The term “militia” here does not refer to the modern National Guard.
Historical purpose
The Second Amendment was framed in part to ensure that citizens could organize as a militia and resist tyranny should a government become oppressive. In that original context the amendment protects the ability of the people to form militias and to possess weapons to defend their property and families against threats — including the risk of governmental tyranny.
What Modern Interpretations Protect
- Individual possession for lawful uses (for example, hunting and self‑defense). This is the dominant contemporary interpretation following cases such as [District of Columbia v. Heller (2008)](https://www.supremecourt.gov/opinions/07pdf/07-290.pdf) and McDonald v. City of Chicago (2010).
What the Text Emphasizes
- Collective/militia-related language and the idea of a popular check on government power. Many modern judicial opinions do not explicitly restate the anti-tyranny framing when recognizing an individual right.
Limits
- Sensitive places; certain prohibitions; licensing and other regulations remain permissible and are often justified by public-safety concerns and historical practice.
Why It Matters
Understanding the difference between the amendment’s original purpose and modern readings helps clarify why debates over regulation, public safety, and constitutional theory continue today.
Sources & further reading
- U.S. Const. amend. II, “A well regulated Militia…”
- District of Columbia v. Heller, 554 U.S. 570 (2008), https://www.supremecourt.gov/opinions/07pdf/07-290.pdf. (Individual right to possess firearms for lawful purposes.)
- McDonald v. City of Chicago, 561 U.S. 742 (2010), https://www.supremecourt.gov/opinions/09pdf/08-1521.pdf. (Incorporation of the Second Amendment against the states.)
- The Federalist No. 29 (A. Hamilton), https://avalon.law.yale.edu/18th_century/fed29.asp. (Discussion of militias and public defense.)
- Militia Act and early state militia legislation — see Library of Congress and National Archives collections on militias for primary sources and examples.