Major Supreme Court Rulings

Until relatively recently, the Supreme Court avoided definitively deciding the meaning of the Second Amendment. Here are two landmark cases that transformed its interpretation:

• District of Columbia v. Heller (2008): The Supreme Court held that the Second Amendment protects an individual’s right to have firearms in the home for self-defense, unconnected to militia service. This fundamentally changed how courts evaluated gun regulations.
• McDonald v. City of Chicago (2010): The Court extended the holding in Heller, determining that the Second Amendment right applies against both the federal and state governments.

Second Amendment to the Constitution protects the right to keep and bear arms in the United States.

The exact wording of the Second Amendment is:

“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.”

This amendment has two main parts:

• The Prefatory Clause: This refers to the importance of a “well regulated Militia” for maintaining a “free State.“
• The Operative Clause: This asserts that “the right of the people to keep and bear Arms, shall not be infringed.“

This language has fueled much of the debate. Some legal scholars argue that the “militia” clause limits the right to those serving in an organized state militia, like the National Guard. Others contend that the right belongs to all individuals, regardless of militia membership.

Historical Origins

The right to bear arms has roots in English common law and the idea that citizens needed to have the ability to defend themselves and their communities. At the time the U.S. Constitution was written, there was fear of a strong central government. The founding fathers believed a well-regulated militia, composed of ordinary citizens, could act as a counterbalance to potential federal overreach.