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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
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News  

Thursday, March 22, 2007

NRA’s Annual Meetings & Exhibits 2007: A Celebration of FreedomSt. Louis' America's Center features 5 Acres of Guns, Guides & Gear

Members of the media are invited to pre-register at media@nrahq.org Fairfax, VA - The National Rifle Association is ...

News  

Wednesday, March 21, 2007

Landmark Decision

An historic decision by a federal appeals court says the Second Amendment protects an individual right, and it ...

News  

Wednesday, March 21, 2007

Landmark Decision

An historic decision by a federal appeals court says the Second Amendment protects an individual right, and it ...

News  

Tuesday, March 20, 2007

NRA’s Annual Meetings & Exhibits 2007: A Celebration of Freedom

St. Louis' America's Center features 5 Acres of Guns, Guides & Gear Members of the media are invited ...

News  

Friday, March 9, 2007

D.C. Circuit Court Hands Down Significant Victory forIndividual Second Amendment Rights!

Fairfax, VA- The District of Columbia Circuit Court today affirmed that the Second Amendment of the Constitution protects ...

News  

Monday, March 5, 2007

NRA Gets Reimbursed Court CostsFrom City Attorney in New Orleans

Today, attorneys for the National Rifle Association of America received a check from New Orleans City Attorney Joseph ...

News  

Thursday, March 1, 2007

State of the States

The new frontiers in the battle to protect our rights are being carved out in the 50 state ...

News  

Thursday, March 1, 2007

State of the States

The new frontiers in the battle to protect our rights are being carved out in the 50 state ...

News  

Tuesday, February 13, 2007

City of New Orleans, Mayor Ray Nagin Once Again Found in Contempt of Court

District Court Judge to City Attorney: conduct “wholly unprofessional” Fairfax, VA—The National Rifle Association (NRA) and law abiding ...

News  

Thursday, January 25, 2007

NRA-Backed Castle Doctrine,Emergency Powers Legislation High Priority in Missouri

Fairfax, VA-In his 2007 State of the State Address Wednesday night, Governor Matt Blunt laid out his list ...

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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.