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Second Amendment & the Right to Keep and Bear Arms

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.

The Second Amendment protects the right of the people to keep and bear arms for defense of life and liberty.

In U.S. v. Cruikshank (1876), Presser v. Illinois (1886), Miller v. Texas (1894) and U.S. v. Miller (1939), the Supreme Court recognized that the amendment protects an individual right. It has never taken a different view. However, in Salina v. Blaksley (1905), the Kansas Supreme Court invented the idea that the amendment instead protected a “right” of a person to keep and bear arms only while serving in a state militia, and in U.S. v. Tot (1942), the U.S. Court of Appeals for the Third Circuit advanced the idea that the amendment protects the “right” of a state to have a militia.

In District of Columbia v. Heller (2008), the Supreme Court heard its first case specifically centered on whether the amendment protects an individual right to arms. Gun control supporters advanced essentially the "Salina" argument, but the Court, consistent with its previous rulings in Second Amendment-related cases, ruled that the amendment protects an individual right to keep arms and to bear arms "in case of confrontation," without regard to a person’s relationship to a militia.

In McDonald v. Chicago (2010), the court extended the Second Amendment's protection nationwide.

Issue Articles

Baltimore Sun  

Monday, April 2, 2018

Justice Stevens is wrong about repealing the Second Amendment, but at least he's honest

Let me say it up front: I don't think we should repeal the Second Amendment. But I applaud ...

Florida Today  

Monday, April 2, 2018

Students walk out of class to support Second Amendment

A group of students from Rockledge High School in Brevard County briefly walked out of class Friday to ...

Chicago Tribune  

Thursday, March 29, 2018

Retired Justice Stevens puts Democrats on a pin with call to repeal Second Amendment

Democrats are panicking over retired Supreme Court Justice John Stevens’ comments on repealing the Second Amendment.

Investor's Business Daily  

Thursday, March 29, 2018

Yes, Gun Control Advocates Do Want To Take Away Your Guns — Just Ask John Paul Stevens

In a New York Times op-ed, former Supreme Court Justice John Paul Stevens flat out calls for repealing ...

Washington Times  

Thursday, March 29, 2018

Guns and the war on freedom

American democracy is under siege, and gun control is at the very center of the left’s war on ...


Wednesday, March 28, 2018

Esquire: More Democrats Should Be Calling for the Repeal of the Second Amendment

What if there was a Freedom Caucus-like group in the Democratic Party—without the complete detachment from reality—that argued ...

USA Today  

Wednesday, March 28, 2018

Spurs coach Gregg Popovich on guns: It's time to reassess the Second Amendment

"The real discussion should be about the Second Amendment. Is it useful? Does it serve its purpose the ...

Las Vegas Review-Journal  

Wednesday, March 28, 2018

Former Supreme Court justice seeks to rewrite the Bill of Rights

Progressives have long had a love-hate relationship — mostly hate — with the U.S. Constitution and its checks ...


Tuesday, March 27, 2018

Justice John Paul Stevens Is Wrong About the Second Amendment, Again

One problem with Stevens' position is that he is dead wrong about the legal history. His preferred reading ...

New York Times  

Tuesday, March 27, 2018

John Paul Stevens: Repeal the Second Amendment

The demonstrators should seek more effective and more lasting reform. They should demand a repeal of the Second ...

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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.