The Ongoing Debate

Despite these decisions, questions remain about the boundaries of the Second Amendment right. Courts continue to grapple with issues like:

• Types of Permissible Restrictions: Which types of guns can be banned (e.g., assault weapons)? Can restrictions be placed on magazine capacity or the age of individuals allowed to own a gun?
• Public Carry: Can states restrict the carrying of firearms outside the home?

Legal analysts highlight that the Supreme Court’s decisions don’t eliminate the possibility of reasonable firearm regulations. Rather, these decisions require courts to rigorously scrutinize gun laws to ensure they don’t excessively burden the core Second Amendment right.

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.