Amendment 2 · Ratified December 15, 1791
A comprehensive guide to the Second Amendment of the U.S. Constitution, including its text, historical context, key tests, landmark cases, and modern applications.
Source: U.S. Const. amend. 2
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 Second Amendment protects the individual right of the people to own and carry weapons. It also emphasizes the importance of a well-regulated militia in ensuring the security of a free state.
The Second Amendment was ratified in the context of post-Revolutionary America, where the founders feared a strong central government might lead to tyranny. They aimed to ensure that citizens could defend themselves and resist oppression.
This test determines whether the Second Amendment protects an individual's right to bear arms or a collective right tied to militia service.
Holding: The Supreme Court held that the Second Amendment protects an individual's right to possess a firearm unconnected with service in a militia for traditionally lawful purposes, such as self-defense within the home.
Significance: This case was pivotal in affirming the individual right interpretation of the Second Amendment.
Holding: The Supreme Court ruled that the Second Amendment applies to the states through the Fourteenth Amendment's Due Process Clause, thereby incorporating the right to bear arms at the state level.
Significance: This case confirmed that individual gun rights are not just a federal concern but apply across all states.