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Second Amendment | Text, Meaning, Definition, & History [1]
Our editors will review what you’ve submitted and determine whether to revise the article.. Does the Second Amendment allow owning guns for self-defense?
Second Amendment, amendment to the Constitution of the United States, adopted in 1791 as part of the Bill of Rights, that provided a constitutional check on congressional power under Article I Section 8 to organize, arm, and discipline the federal militia. The Second Amendment reads, “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.” Referred to in modern times as an individual’s right to carry and use arms for self-defense, the Second Amendment was envisioned by the framers of the Constitution, according to College of William and Mary law professor and future U.S
Until 2008 the Supreme Court of the United States had never seriously considered the constitutional scope of the Second Amendment. Illinois (1886), the Supreme Court held that the Second Amendment prevented the states from “prohibit[ing] the people from keeping and bearing arms, so as to deprive the United States of their rightful resource for maintaining the public security.” More than four decades later, in United States v
The Machine Gun: Its History, Development and Use: A Resource Guide [2]
Have a question? Need assistance? Use our online form to ask a librarian for help.. Chat with a librarian, Monday through Friday, 12-4pm Eastern Time (except Federal Holidays).
The invention of a military firearm that could produce rapid, repeating fire to overwhelm and repel an attacking force or act as an offensive or defensive force multiplier had been sought for nearly 900 years. Early attempts to invent what today is known as the machine gun did not produce a fully automatic weapon but resulted in often bulky and semi-reliable guns consisting of single shot barrels gathered together and mounted on a gun carriage or tripod
Though they could be deadly to an attacker, they could be nearly as dangerous to the gunners themselves. Those hand-held arms evolved into repeating arms such as revolvers, semi-automatic pistols and rifles, and fully automatic sub-machine guns and assault rifles
Firearms Technology and the Original Meaning of the Second Amendment [3]
How to make repeating arms was well-known, but making them at a labor cost the average person could afford was impossible.. Gun-control advocates often argue that gun-control laws must be more restrictive than the original meaning of the Second Amendment would allow, because modern firearms are so different from the firearms of the late 18th century
It is true that in 1791 the most common firearms were handguns or long guns that had to be reloaded after every shot. But it is not true that repeating arms, which can fire multiple times without reloading, were unimagined in 1791
As of 1791, repeating arms were available but expensive.. This article explains why the price of repeating arms declined so steeply
The Evolution of the Second Amendment [4]
“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.” These 27 words that comprise the Second Amendment have been endlessly debated by legal scholars, judges and justices in the modern age who still argue over its meaning.. One problem with the amendment, and perhaps the reason for so much debate, is that its single sentence is poorly worded
The reason the amendment is poorly phrased could be because it went through a number of revisions in the House of Representative and then more in the Senate before it was sent to the states for ratification. The Second Amendment that the House passed 24 to 22 read: “A well regulated militia, composed of the body of the People, being the best security of a free State, the right of the People to keep and bear arms shall not be infringed, but no person religiously scrupulous of bearing arms shall be compelled to render military service in person.”
“Of note, the senators removed the description of the militia as being ‘the body of the people.’…And they deleted entirely the provision allowing conscientious objectors to avoid service,” Waldman writes. Many other amendments were rewritten, always to trim words, tighten syntax, and combine thoughts.”
Weapons, Technology and Legitimacy: Independent Institute [5]
This article originally appeared as a chapter from Firearms and Violence (1983), edited by Don B. Kates, and was reprinted in The Militia in the 20th Century, (1985), edited by Morgan Norval.
Today many Americans perceive the increase in violence in our society and attribute it to the general availability of firearms, especially handguns. They further believe that handgun prohibition would effectively deal with the problem
Moreover, even conceding that firearms prohibitions could result in violence reduction, there would remain the question of constitutionality within the Second Amendment. Regardless of whether the courts today would honor the Founders belief in a personal right to arms, the philosophical and public policy issues underlying that belief remain
Firearms History and the Technology of Gun Violence – UC Davis Library [6]
Firearms History and the Technology of Gun Violence. This online exhibit was designed to provide context for the 2019-20 Campus Community Book Project topic of gun violence as the UC Davis community reads and discusses Another Day in the Death of America: A Chronicle of Ten Short Lives, by Gary Younge.
The online exhibit provides a historical perspective on the development of modern firearms, based on the belief that, to understand gun violence, one must understand something about guns.. The American Civil War (1861-1864), which transformed American history, also changed the history of warfare
The First Battle of Bull Run (July 21, 1861), pictured here, was the first major battle of the war, and it convinced all sides that they were not going to win with a quick victory but were in for a major conflict. With the close-packed formations of men using volleys of rifle fire, the scene would not have been out of place in the Revolutionary War, 70 years earlier
Why the Second Amendment may be losing relevance in gun debate [7]
This report is a part of “Rethinking Gun Violence,” an ABC News series examining the level of gun violence in the U.S. In the bitter debate over gun control, battle lines are often drawn around the Second Amendment, with many in favor of gun rights pointing to it as the source of their constitutional authority to bear arms, and some in favor of tighter gun control disagreeing with that interpretation.
They say the battle lines that actually matter have been drawn around state legislatures, which are setting the country’s landscape on guns through state laws — or sometimes, the lack thereof.. Joseph Blocher, professor of law and co-director of the Center for Firearms Law at Duke Law School, described the patchwork of state laws that exists across the country as a “buffer zone” for the Second Amendment.
“This collection of laws is giving individuals lots of protection for gun-related activity that the Second Amendment would not necessarily require, and certainly, and in almost all of these instances, that no lower court has said the Second Amendment would require.”. to hear more about gun violence from experts during roundtable discussions
Second Amendment | Text, Meaning, Definition, & History [8]
Our editors will review what you’ve submitted and determine whether to revise the article.. Does the Second Amendment allow owning guns for self-defense?
Second Amendment, amendment to the Constitution of the United States, adopted in 1791 as part of the Bill of Rights, that provided a constitutional check on congressional power under Article I Section 8 to organize, arm, and discipline the federal militia. The Second Amendment reads, “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.” Referred to in modern times as an individual’s right to carry and use arms for self-defense, the Second Amendment was envisioned by the framers of the Constitution, according to College of William and Mary law professor and future U.S
Until 2008 the Supreme Court of the United States had never seriously considered the constitutional scope of the Second Amendment. Illinois (1886), the Supreme Court held that the Second Amendment prevented the states from “prohibit[ing] the people from keeping and bearing arms, so as to deprive the United States of their rightful resource for maintaining the public security.” More than four decades later, in United States v
The Supreme Court Is on the Verge of Expanding Second Amendment Gun Rights [9]
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.. UPDATE: On June 23, the Supreme Court blocked the New York law.
The biggest question in New York State Rifle & Pistol Association v. Bruen may not be whether a majority of justices strike down the state’s century-old handgun licensing requirement but how far that majority goes in signaling that other licensing measures created by government officials are now constitutionally suspect.
This approach to gun regulation is a sea change from the Court’s historical approach to the amendment, but it should come as no surprise to anyone who has followed the arc of the Court’s jurisprudence in this area over the past 15 years.. The current Supreme Court is far more conservative and far more friendly to gun rights than the one that first recognized a personal right to bear arms under the Second Amendment in District Columbia v
The Mysterious Meaning of the Second Amendment [10]
Even with the help of powerful 21st-century linguistic databases, the phrase “keep and bear arms” remains debatable.. What does the Second Amendment mean? This question is at the center of one of the most divisive debates in modern American constitutional law
Does this two-century-old text, then, mean that Americans today have a right to gun ownership and use?. In a landmark 2008 decision on this question, District of Columbia v
But bear arms by itself—the wording used in the Second Amendment—could sometimes refer to an individual right. The dissenting opinion, by Justice John Paul Stevens, intimated that the phrase keep and bear arms was a fixed term of art that always referred to militia service.
Scholarly Articles on Gun Control: History, Legislation & Activism [11]
Gun control is one of the most divisive issues in the United States and the disparities across the legal and illegal uses of firearms add complexity to this topic. Read the overview below to gain a balanced understanding of the issue and explore the previews of opinion articles that highlight many perspectives on gun regulation.
Gun control refers to legislation and regulations that place controls on the ownership of firearms, restrict certain types of firearms, or determine where they may be carried. In the United States, gun control is a highly controversial topic that engenders debate surrounding public safety, state and federal government oversight, and individual rights
Data from 2020 showed there were 45,222 firearm-related deaths in the United States, as reported by the US Centers for Disease Control and Prevention (CDC). Among firearm-related deaths in the United States in 2020, about 54 percent were suicides and about 43 percent were homicides
Bruen’s Preliminary Preservation of the Second Amendment [12]
Bruen’s Preliminary Preservation of the Second Amendment. |Topics:||Constitution • Second Amendment • Supreme Court|
Heller,[2] decided in 2008, the Supreme Court held for the first time that the Second Amendment protects a private, individual right rather than a right to maintain or serve in a state militia. This was also the first time the Court invoked the Second Amendment to invalidate a law, in this case a federal ban on the civilian possession of handguns in D.C
This past June, New York State Rifle & Pistol Association v. Bruen[4] held that the Constitution protects not just the right to keep a handgun in one’s home for self-defense (as Heller and McDonald established), but also the right to carry a weapon in public for that purpose.
The ‘Gun Dude’ and a Supreme Court case that changed who can own firearms in the U.S. [13]
The ‘Gun Dude’ and a Supreme Court case that changed who can own firearms in the U.S.. Dick Heller would like to be known as the “Gun Dude.”
An individual right to own a gun for personal protection is an idea that is deeply rooted in American culture. history, there was little actual legal framework to support any such interpretation of the Second Amendment
In 2003, he was one of six individuals who sued the District of Columbia over its restrictive gun laws and won. As the case made its way through the courts, Heller became the sole plaintiff.
Bruen’s Ricochet: Why Scored Live-Fire Requirements Violate the Second Amendment [14]
City of Boston residents who wish to carry a handgun for self-defense must apply for a License to Carry Firearms (LTC) with the Boston Police Department.1 The application process includes numerous steps, such as completing a license application, consenting to an interview with a Firearms Licensing Official, successfully completing a criminal background check, and furnishing a “Firearm Safety Certificate or Hunting Safety Course Certificate issued by the Commonwealth of Massachusetts.”2 But the City’s LTC guidelines also state that applicants must pass a shooting qualification test (Qualification Test) “at the Boston Police Department Firearms Range at Moon Island within two weeks of the date of the application.”3 To pass the Qualification Test, applicants must (1) “show the safe handling of, and familiarity with, a .38 caliber, 4-inch barrel revolver” and (2) complete a scored live-fire test.4. Conditioning a handgun carry license on a scored live-fire exercise violates the Second Amendment right to keep and bear arms.5 In the wake of New York State Rifle & Pistol Ass’n v
Part I analyzes the statutory scheme for carrying firearms in the Commonwealth of Massachusetts and describes the Qualification Test. Part II outlines the constitutional framework for Second Amendment cases, chronicling the evolution from a “reasonable regulation” stan-dard7 to the post-Bruen state of play
This Part explores the statutory scheme for carrying handguns in the Commonwealth of Massachusetts and discusses how the City of Boston has chosen to augment state requirements for an LTC by implementing the Qualification Test.. Statutory Requirements and Delegation to Local Licensing Authorities
Gun control laws in U.S. history: “Originalist” Second Amendment arguments are wrong. [15]
Before Robert Spitzer grew up to be an expert on American gun policy, he watched a lot of Westerns. He was raised on stories of an America built by rugged men with six-shooters on their hips … even though that image was mostly made up
“They didn’t want people walking around their new town with a gun strapped to their hip,” he said. “So you’d have to check your gun at the town hall or the sheriff’s office or the clerk’s office or someplace
Unfortunately, mass shootings have become all too typical. Recent tragedies like the Covenant School shooting in Tennessee, two separate shootings in Louisville, Kentucky, and the shooting at a birthday party in Dadeville, Alabama, have prompted fresh calls for gun reform, though it’s unclear how much will come of them.
Gun politics in the United States [16]
Gun politics is defined in the United States by two primary opposing ideologies concerning the private ownership of firearms. Those who advocate for gun control support increasingly restrictive regulation of gun ownership; those who advocate for gun rights oppose increased restriction, or support the liberalization of gun ownership
American gun politics involves these groups’ further disagreement concerning the role of firearms in public safety, the studied effects of ownership of firearms on public health and safety, and the role of guns in national and state crime.[2][3][4]: 1–3 [5]. American gun politics is increasingly a question of demography and political party affiliation, and features well-known gender, age and income gaps according to major social surveys.[6][7]
Firearms were made, imported and provided for agrarian, hunting, defense and diplomatic purposes. A connection between shooting skills and survival among American men in the colonial expanses was often a necessity, and could serve as a ‘rite of passage’ for those entering manhood.[7]: 9 Today, the figures of the settler colonist, hunter and outdoorsman survive as central to American gun culture, regardless of modern trends away from hunting and rural life.[5]
In wake of Supreme Court Second Amendment decision, uncertainty plagues gun laws new and old [17]
In wake of Supreme Court Second Amendment decision, uncertainty plagues gun laws new and old. Washington — Less than a year after the Supreme Court issued its major decision expanding gun rights, the new legal test laid out by Justice Clarence Thomas in his majority opinion has reshaped the legal landscape for firearms laws and led to uncertainty over whether measures that aim to curb gun violence can survive legal scrutiny.
“We’re seeing a lot of action and a lot of unpredictability when it comes to the Second Amendment after Bruen,” said Joseph Blocher, co-director of Duke University’s Center for Firearms Law. “It’s happening in a bunch of different directions, and the source of the change is the new methodology that the Supreme Court announced in the Bruen case because it instructs courts to evaluate the constitutionality of laws based solely on whether they are in some ill-defined sense consistent with historical tradition.”
“We hold that when the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct,” Thomas wrote. “To justify its regulation, the government may not simply posit that the regulation promotes an important interest
How a US Supreme Court ruling is transforming gun control [18]
How a US Supreme Court ruling is transforming gun control. As mass killings stoke calls for reform, legal fights over the historical basis for gun rights have gone into overdrive.
But even as the bloodshed has prompted another push to increase restrictions on guns, a concurrent series of court battles have been wrestling with the question of where the constitutional right to “bear arms” ends — and where the government’s right to impose controls begins.. That debate has been kicked into overdrive following a Supreme Court decision last June that limited legislators’ ability to restrict firearm possession in public, offering a broad interpretation of the Second Amendment of the Constitution, the basis for gun rights in the US.
Suplina explained that the June decision “has really emboldened the farthest fringes of the [pro-gun] movement to say that everything that you could possibly think of in the realm of gun safety is unconstitutional”.. How those court battles play out could shape the landscape of gun control for generations and eventually determine state and federal legislators’ ability to enact lasting gun laws, advocates like Suplina told Al Jazeera.
15 Years After Heller, Bruen is Unleashing Chaos, But There’s Hope For Gun Regulations — AFJ [19]
For two centuries, judges and scholars generally agreed that the Second Amendment protects a collective right to bear arms in defense of the state — until the Supreme Court decided District of Columbia v. The consequences of that decision are still unfolding today.
Miller, decided in 1939, the Supreme Court upheld the federal restriction on sawed-off shotguns on the basis that the Second Amendment only protects weapons that have “some reasonable relationship to the preservation or efficiency of a well regulated militia.” Courts in the decades after Miller upheld all manner of gun regulations following that reasoning.. The “collective right” consensus began to change in the 1990s, when, as legal historian Saul Cornell writes, “a new wave of revisionist scholarship emerged.” The revisionism culminated with Heller, in which the Supreme Court upended all prior jurisprudence on the topic and held, for the first time, that the Second Amendment’s “central component” is individual self-defense and, as such, the Amendment protects an individual (rather than collective) right to possess a firearm in defense of “hearth and home.”
Despite Heller’s shattering departure from the collective right consensus, the vast majority of gun laws — despite suddenly facing a spate of lawsuits — survived those post-Heller challenges in the district and appellate courts. These included bans on possessing assault weapons and large-capacity magazines, bans on carrying firearms in government buildings and public parks, and bans on possessing firearms for people in high-risk categories, such as those who have been convicted of felonies or are subject to domestic violence restraining orders.
Bruen, Analogies, and the Quest for Goldilocks History [20]
On June 23, 2022, the Supreme Court issued its first major Second Amendment decision in a dozen years. Bruen, the Court declared New York’s restrictive may-issue licensing law unconstitutional
Although the Court’s primary holding striking down New York’s requirement that a concealed carry applicant show “proper cause” is likely to have immediate impact on the half dozen other states with similar regimes, its holding mandating a history-only test for all future Second Amendment challenges will reverberate much more widely.. Of course, a mountain of scholarship will be devoted to unpacking Bruen’s implications for gun rights and regulation—as well as for constitutional law more broadly
In his opinion for the Court, Justice Thomas first recounted New York’s history of regulating the carrying of handguns, with the modern proper cause licensing law in place since 1913. As implemented currently, the standard is—in the Court’s words—“demanding” in requiring a showing that an applicant have a particularized need to carry publicly that’s distinguishable from the general community
What Does the Second Amendment Mean? [21]
“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 Congress is not always predictable in its voting on gun-control legislation; congressmen and our other representatives are caught in the tension between the majority of the public that favors stricter gun controls, on one side, and the determined single-issue minority, on the other side, led by the National Rifle Association, that opposes almost all legislative efforts at gun control.
Examples abound: soon after he became Speaker of the House of Representatives, Newt Gingrich wrote a letter to the NRA promising that no control legislation would move to the floor of the House as long as he is speaker. He wanted to demonstrate, he said, that “the Second Amendment is
Another example of the rhetorical appeal to the Second Amendment: The House bill to repeal the ban on assault weapons was given the title, “The Second Amendment Restoration Act” (Washington Post, May 6, 1996). During the recent presidential campaign, the NRA called President Clinton “the most anti-Second Amendment freedoms president we’ve ever had,” because of his threat to veto that bill
The Second Amendment in the States and the Limits of the Common Use Standard [22]
City of Chicago, now before the Supreme Court, petitioners claim that Chicago’s decades-old handgun ban is a violation of the Second Amendment right to keep and bear arms. The Supreme Court’s recent affirmation in District of Columbia v
Heller struck down a federal handgun ban within the boundaries of the District of Columbia. McDonald will decide if the Second Amendment applies to state and local governments.
To the question “what is protected under the Second Amendment?”, Heller answers: those firearms in “common use for lawful purposes like self-defense.”[3] “Common use” suggests two possibilities.One is a narrow, numerical standard that would protect best-selling models from popular manufacturers but allow prohibitions on obscure brands of essentially the same gun. The other view is that “common use” means functionally common
“Infants” and Arms Bearing in the Era of the Second Amendment: Making Sense of the Historical Record [23]
“Constitutional rights,” Justice Scalia wrote, “are enshrined with the scope they were understood to have when the people adopted them.”[1] One of the most contentious issues now being litigated is the status of minors’ Second Amendment rights. ATF,[2] a recent Fourth Circuit decision that was mooted when the plaintiffs turned twenty-one, the court concluded that those under the age of twenty-one could claim full Second Amendment protections
Rather than beginning with the conception of rights and the legal status of minors in the era of the Second Amendment, the Hirschfeld court works backward from the conception of the rights of young adults articulated in the Warren Court’s landmark First Amendment decision Tinker v. Des Moines.[4] Indeed, the Hirschfeld opinion uses the decidedly anachronistic term “young adult” more than sixty times.[5] The problem with this term is that there was no legal category of young adult in the Founding Era.[6] Individuals below the age of majority were “infants” in the eyes of the law
Individuals between the ages of eighteen and twenty (and indeed all those under the age of twenty-one) were considered “minors” or “infants” from the time of the nation’s Founding up through the latter half of the twentieth century.[7] Thus, the proper historical framing of the issue before the Fourth Circuit should have been: did the Second Amendment recognize a right of infants, meaning those under twenty-one, to keep and bear arms? The answer to that question is simple: no. Indeed, when framed in historically correct terms, the very idea of infants bearing arms suggests the constitutional absurdity of the claims advanced by the court in Hirschfeld.
Sources
- https://www.britannica.com/topic/Second-Amendment#:~:text=The%20Second%20Amendment%2C%20ratified%20in,counteract%20a%20tyrannical%20federal%20government.
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- https://fee.org/articles/firearms-technology-and-the-original-meaning-of-the-second-amendment/
- https://njsbf.org/2020/11/10/the-evolution-of-the-second-amendment/
- https://www.independent.org/publications/article.asp?id=1405
- https://library.ucdavis.edu/exhibit/firearms-history-and-the-technology-of-gun-violence/
- https://abcnews.go.com/US/amendment-losing-relevance-gun-debate/story?id=79474562
- https://www.britannica.com/topic/Second-Amendment
- https://www.brennancenter.org/our-work/analysis-opinion/supreme-court-verge-expanding-second-amendment-gun-rights
- https://www.theatlantic.com/ideas/archive/2020/02/big-data-second-amendment/607186/
- https://www.gale.com/open-access/gun-control
- https://fedsoc.org/commentary/publications/bruen-s-preliminary-preservation-of-the-second-amendment
- https://www.npr.org/2022/08/14/1113705501/second-amendment-supreme-court-dick-heller-gun-rights
- https://harvardlawreview.org/print/vol-136/bruens-ricochet-why-scored-live-fire-requirements-violate-the-second-amendment/
- https://slate.com/news-and-politics/2023/05/gun-control-laws-bruen-us-history.html
- https://en.wikipedia.org/wiki/Gun_politics_in_the_United_States
- https://www.cbsnews.com/news/supreme-court-gun-laws-second-amendment/
- https://www.aljazeera.com/news/2023/5/10/how-a-us-supreme-court-ruling-is-transforming-gun-control
- https://www.afj.org/article/15-years-after-heller-bruen-is-unleashing-chaos-but-theres-hope-for-gun-regulations/
- https://firearmslaw.duke.edu/2022/06/bruen-analogies-and-the-quest-for-goldilocks-history/
- https://www.aei.org/articles/what-does-the-second-amendment-mean/
- https://harvardlpr.com/online-articles/the-second-amendment-in-the-states-and-the-limits-of-the-common-use-standard/
- https://yalelawandpolicy.org/inter_alia/infants-and-arms-bearing-era-second-amendment-making-sense-historical-record
