The Second Amendment: Text and Meaning

The text

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.

U.S. Const. amend. II (National Archives transcription)

The amendment has two parts: a prefatory clause about the militia and an operative clause protecting “the right of the people to keep and bear Arms.” For most of the twentieth century, courts disagreed about how the two parts fit together.

An individual right

There seems to us no doubt, on the basis of both text and history, that the Second Amendment conferred an individual right to keep and bear arms.

District of Columbia v. Heller, 554 U.S. 570, 595 (2008)

In Heller, the Court held that the right belongs to individuals and is not tied to militia service. As a result, it struck down the District of Columbia’s handgun ban and its rule that firearms in the home be kept inoperable. The Court also said the right covers “all instruments that constitute bearable arms, even those that were not in existence at the time of the founding” (at 582).

Not unlimited

nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.

Heller, 554 U.S. at 626–627

In a footnote, the Court called these “presumptively lawful regulatory measures” and said the list was only an example (at 627 n.26). Later cases have tested where those limits lie. See the Supreme Court’s Second Amendment cases.

Applies to the states

At first, the Bill of Rights limited only the federal government. In McDonald v. City of Chicago, 561 U.S. 742, 791 (2010), a plurality held that “the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment right recognized in Heller.” Justice Thomas agreed with the result through the Privileges or Immunities Clause instead. Today, therefore, the Second Amendment limits state and local governments too.

This guide explains the law in general and reports what courts have held. It is not legal advice. Firearm laws change often and differ by state and city, so check the current law where you are.

Researching Second Amendment in your state

To research Second Amendment for a real matter, start with the primary sources. For example, read the statute, the rule and the documents in your own file. Then look for recent appellate decisions from your state, because they control how local courts read the law. After that, compare what you found with the federal rules that may also apply. Our state procedures guide and the Research Center can help you find and check each source.

Sources and further reading

Official sources used on this page:

• archives.gov
• tile.loc.gov
• tile.loc.gov

Related reading on Lawtopolis:

• Second Amendment Supreme Court Cases: Heller to Wolford
• The Bruen Test: Text, History and Tradition
• Federal Gun Laws: The National Firearms Act and Gun Control Act