Overview of 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.”

1. Historical Context

• Drafted after the American Revolution.
• Reflects concerns about tyranny and national defense.
• Influenced by English common law and colonial militias.

2. Interpretation Debate

• Collective Rights: Focus on the “militia” clause; arms tied to organized military service.
• Individual Rights: Emphasizes “the right of the people” to personally own weapons.

3. Landmark Supreme Court Cases

• District of Columbia v. Heller (2008): Individual right to own firearms for lawful purposes like self-defense.
• McDonald v. City of Chicago (2010): Applied Heller’s decision to state and local governments.

4. Modern Implications

• Central to debates over gun control and public safety.
• Impacts laws on background checks, open/concealed carry, and assault weapons.
• Highlights tension between rights and regulation.