Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

The Second Amendment

Tuesday, July 15, 2008

On June 26, the Supreme Court ruled in District of Columbia v. Heller that the Second Amendment—"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"— protects a purely individual right, as do the First, Fourth and Ninth Amendments. "Nowhere else in the Constitution does a 'right' attributed to 'the people' refer to anything other than an individual right," the court said. "The term ['the people'] unambiguously refers to all members of the political community." 

The court's 5-4 majority rejected the notion pushed by D.C. officials and gun control supporters in Heller —taken from the Kansas Supreme Court's decision in Salina v. Blaksley (1905)—that the amendment protects only a privilege to possess arms when serving in a militia. All nine justices rejected gun control supporters' alternate and mutually exclusive idea—invented by the U.S. Court of Appeals for the 3rd Circuit in U.S. v. Tot (1942)—that the amendment protects only a state power (a so-called "collective right") to maintain a militia. 

Citing a previous decision by the court, recognizing that the right to arms is individually-held, the court noted, "As we said in United States v. Cruikshank (1876), '[t]his is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The Second Amendment declares that it shall not be infringed.'" 

The court also declared that the Second Amendment protects "the individual right to possess and carry weapons in case of confrontation," including "all instruments that constitute bearable arms." It said that people have the right to keep and bear handguns (the type of arm at issue in Heller), because "[T]he inherent right of self-defense has been central to the Second Amendment right. . . .Under any of the standards of scrutiny that we have applied to enumerated constitutional rights, banning from the home 'the most preferred firearm in the nation to 'keep' and use for protection of one's home and family,' would fail constitutional muster." 

As demonstrated by the vast majority of research on the subject, the court's ruling is consistent with the Second Amendment's history and text, the statements and writings of the amendment's author, James Madison, and other statesmen of the founding period, and the writings of respected legal authorities of the 19th century. Constitutional scholar Stephen Halbrook has noted that there is no evidence that anyone associated with drafting, debating and ratifying the amendment considered it to protect anything other than an entirely individual right. 

Madison, who introduced the Bill of Rights in Congress, said that the amendments "relate first to private rights." In The Federalist #46, he wrote that the federal government would not be able to tyrannize the people, "with arms in their hands, officered by men chosen from among themselves, fighting for their common liberties, and united and conducted by [state] governments possessing their affections and confidence." In The Federalist #29, Alexander Hamilton wrote, "if circumstances should at any time oblige the government to form an army of any magnitude that army can never be formidable to the liberties of the people while there is a large body of citizens, little, if at all, inferior to them in discipline and the use of arms, who stand ready to defend their own rights and those of their fellow-citizens." 

Supreme Court Justice Joseph Story, in his Commentaries on the Constitution (1833), still regarded as the standard treatise on the subject, wrote, "the right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of the republic." 

In U.S. v. Miller (1939), the most recent of the important Second Amendment-related Supreme Court cases prior to Heller, the court recognized, as it did in U.S. v. Cruikshank (noted above), that the right to arms is individually-held and not dependent upon militia service. Had the court believed the amendment protected only a militiaman's privilege or a state power, it would have rejected the case on the grounds that the defendants were neither actively-serving militiamen or states. As the Heller court noted, the Miller court never questioned the defendants' standing. It questioned only whether a short-barreled shotgun had "a reasonable relationship to the preservation or efficiency of a well regulated militia," which it described as private citizens "bearing arms supplied by themselves and of the kind in common use at the time." 

As indicated in the Heller decision, the Supreme Court has always recognized that the Second Amendment protects, and was intended by the Framers to protect, a purely individual right of individuals to keep and bear arms useful for defense, hunting, training and all other legitimate purposes.

TRENDING NOW
Report: House of Representatives to Vote on Two Gun Control Bills!

News  

Tuesday, March 2, 2021

Report: House of Representatives to Vote on Two Gun Control Bills!

According to reports from Capitol Hill, the Democrat-controlled U.S. House of Representatives plans to vote on two gun control bills as early as next week. The first bill, so-called “universal” background check legislation, would criminalize ...

H.R. 127 – A Bill Designed to Express Hostility Toward Law-Abiding Gun Owners

News  

Thursday, February 11, 2021

H.R. 127 – A Bill Designed to Express Hostility Toward Law-Abiding Gun Owners

All gun control bills share the same basic goal: a world in which fewer people own firearms. Some bills simply ban certain types of firearms or ammunition outright. Others place obstacles in the path of ...

Connecticut: Firearm Seizure Bill Set for Committee Hearing

Thursday, March 4, 2021

Connecticut: Firearm Seizure Bill Set for Committee Hearing

Tomorrow, March 5, at 10:00 AM, the Connecticut Judiciary Committee will hold a public hearing on House Bill 6355, which will take away the constitutional rights of individuals, without adequate due process.

Colorado: Committee Passes Anti-Gun Measure That Further Victimizes Gun Owners

Friday, March 5, 2021

Colorado: Committee Passes Anti-Gun Measure That Further Victimizes Gun Owners

Last night, the Senate Judiciary Committee passed anti-gun Senate Bill 78.  

Friday, February 5, 2021

Florida Alert! H.R. 127 - Federal Gun Control Proposal

Much is being said about H.R. 127 By Shelia Jackson Lee (D-TX) 117th Congress and we have had many folks contacting us seeking information. 

Tennessee: Pro-Gun Constitutional Carry Legislation Advances in Both Chambers – Faces Backlash from Fringe Fundraising Groups

Wednesday, March 3, 2021

Tennessee: Pro-Gun Constitutional Carry Legislation Advances in Both Chambers – Faces Backlash from Fringe Fundraising Groups

Today, House Bill 786 passed out of the House Criminal Justice Subcommittee, and now heads to the full committee.  Last night, the Senate Judiciary Committee approved NRA-backed Constitutional Carry legislation, Senate Bill 765, sending the measure to the ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Canada’s Liberal Government: More Gun Control!

News  

Monday, February 22, 2021

Canada’s Liberal Government: More Gun Control!

Apparently acting on the impulse that the solution to one irrational gun control proposal is more of the same, Prime Minister Justin Trudeau’s Liberal government introduced a bill with new restrictions and prohibitions on February ...

Alabama: $500 Cost Added to Lifetime Carry Permit Bill

Thursday, March 4, 2021

Alabama: $500 Cost Added to Lifetime Carry Permit Bill

The House Public Safety and Homeland Security Committee passed House Bill 477 by a voice vote to create a new lifetime carry permit option for state residents. Unfortunately, Rep. Harry Shiver (R-64) made an amendment to ...

Kansas: Amended Concealed Carry Legislation Passed out of the House

Thursday, March 4, 2021

Kansas: Amended Concealed Carry Legislation Passed out of the House

Today, the Kansas House passed House Bill 2058 through a bipartisan 85 to 38 vote after including the “Owens Amendment” yesterday​. 

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.