The Right To Self-Defense: An American Constitutional Amendment

The Second Amendment to the United States Constitution, also known as Amendment II, protects the right to keep and bear arms. The amendment was ratified on December 15, 1791, and has been the subject of much debate and academic inquiry. The text of the amendment states: 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 interpretation of this amendment and its application to self-defense have been at the centre of many court cases, including District of Columbia v. Heller (2008) and McDonald v. City of Chicago (2010), with the Supreme Court affirming an individual's right to possess a firearm for self-defence.

Explore related products

The Second Amendment: A Biography

$9.99 $18.99

The Second Amendment: Gun Rights and Regulation (University Casebook Series)

$270

Whose Right Is It? The Second Amendment and the Fight Over Guns

$10.57 $14.99

The Second Amendment: A History of the Right to Keep and Bear Arms in America: From Colonial Roots to Modern Freedom

$13.99

Second Amendment Gun Rights AR Periodic Table Element NRA Sticker 3 Inch Decal

$2.47 $3.99

To Trust the People with Arms: The Supreme Court and the Second Amendment

$45.18 $59.99

The Second Amendment protects the right to keep and bear arms

The Second Amendment to the United States Constitution protects the right to keep and bear arms. It was ratified on December 15, 1791, along with nine other articles of the United States Bill of Rights. The Second Amendment states:

> "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 interpretation of this amendment has been the subject of considerable debate, with some arguing that it creates an individual constitutional right to possess firearms, while others contend that the Framers intended to restrict Congress from legislating away a state's right to self-defense.

In the landmark Supreme Court case District of Columbia v. Heller (2008), the Court affirmed that the Second Amendment protects an individual's right to keep a gun for self-defense, rather than solely for a state-run militia. This decision was further reinforced by the Supreme Court in 2016 in Caetano v. Massachusetts, where the Court struck down a Massachusetts statute prohibiting the possession or use of "stun guns," finding that they are protected under the Second Amendment.

The Second Amendment's purpose has evolved over time, shifting from a focus on foreign invasion and federal overreach to general safety and protection of life, liberty, and property. The amendment has also been the subject of renewed academic and judicial interest in the 21st century, with ongoing debates about the scope and limitations of the right to bear arms.

The right to self-defence is a fundamental right

The Second Amendment was ratified on December 15, 1791, along with nine other articles of the United States Bill of Rights. The amendment states that "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 right to bear arms for self-defence has a long history, predating the US Constitution. For example, the English Bill of Rights in 1689 allowed Protestant English citizens to "have arms for their defence suitable to their conditions and as allowed by law."

In the landmark case District of Columbia v. Heller (2008), the Supreme Court held that the Second Amendment protects an individual's right to keep a gun for self-defence, unconnected to service in a militia. This decision affirmed that the right to self-defence is a fundamental right. The Court further clarified that this right is not unlimited and that certain restrictions, such as prohibitions on the possession of firearms by certain individuals or restrictions on certain types of weapons, are permissible.

In McDonald v. City of Chicago (2010), the Supreme Court extended Second Amendment protections to the states, ruling that state and local governments are limited to the same extent as the federal government from infringing upon the right to keep and bear arms. This ruling reinforced the concept that the right to self-defence is a fundamental right that cannot be infringed upon by state or local governments.

The right to self-defence empowers individuals to protect themselves and their families from harm. It allows vulnerable individuals, including women, children, and the elderly, to defend themselves against perpetrators of domestic violence or other threats. However, it is important to note that the use of deadly force in self-defence must be justifiable and reasonable within the law. Individuals must demonstrate that they acted based on the reasonable belief that lethal force was necessary to stop an immediate threat.

The Second Amendment has been interpreted as protecting an individual's right to keep a gun for self-defence

The Second Amendment to the United States Constitution, ratified on December 15, 1791, protects the right to keep and bear arms. The amendment states that:

> 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 interpretation of the Second Amendment has been a subject of debate, with some arguing for an "individual right theory" and others for a "collective rights theory". Those who subscribe to the individual right theory interpret the amendment as creating an individual constitutional right to possess firearms, independent of militia service. They believe that legislative bodies are restricted from prohibiting firearm possession, or that such regulation is presumptively unconstitutional. This interpretation aligns with the Supreme Court's landmark ruling in District of Columbia v. Heller (2008), where it was affirmed that the Second Amendment protects an individual's right to keep a gun for self-defence within their home. The Court's ruling in Heller was further reinforced by Caetano v. Massachusetts (2016) and New York State Rifle & Pistol Association v. Bruen (2022).

On the other hand, proponents of the collective rights theory argue that the Second Amendment was intended to restrict Congress from legislating away a state's right to self-defence and maintain that citizens do not have an individual right to possess guns. This interpretation emphasises the prefatory clause, "a well-regulated Militia", suggesting that the Framers intended to ensure that states could maintain their own militias for self-defence.

The Supreme Court has not consistently applied a single approach to interpreting the Second Amendment, and lower courts have struggled with conflicting rulings. In McDonald v. City of Chicago (2010), the Supreme Court ruled that state and local governments are limited in their ability to infringe upon the right to keep and bear arms, just as the federal government is. However, the Court did not reach a consensus on which specific clause of the Fourteenth Amendment incorporates this right.

The Second Amendment has been a divisive issue, with partisan perspectives influencing interpretations. Despite this, scholars of American history and law generally agree that it is a key part of the Constitution. The right to keep and bear arms is often compared to the right to freedom of speech, as both rights are expressly protected in the Constitution and require insulation from the ordinary political process. However, just as perjury and fraud are not protected by the First Amendment, violent criminals and certain weapons may be reasonably excluded from Second Amendment protections.

Explore related products

The Second Amendment Primer: A Citizen's Guidebook to the History, Sources, and Authorities for the Constitutional Guarantee of the Right to Keep and Bear Arms

$12.99 $12.99

The Second Amendment

$5.99 $5.99

In Defense of the Second Amendment

$16.69 $29.99

2A Second Amendment Gun Rights NRA Sticker Round 3 Inch Laptop Decal 2 Bullets AR

$2.47

Second Amendment Written on Flag Sticker 5x3 Inch 2nd 2A Constitution Decal

$2.47

Second Amendment Est. 1791 Right To Bear Arms T-Shirt T-Shirt

$14.99

The right to bear arms is not granted by the Constitution

The Second Amendment to the United States Constitution, ratified on December 15, 1791, has been a subject of debate and interpretation. The amendment states:

> "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."

While the Second Amendment is often cited as the source of the right to bear arms, some argue that this right is not actually granted by the Constitution. In the landmark case United States v. Cruikshank (1876), the Supreme Court ruled that the Second Amendment does not grant the right to bear arms, but rather restricts the powers of the National Government from infringing upon this right. This interpretation suggests that the right to bear arms is a natural or auxiliary right, separate from and not dependent on the Constitution.

The historical context of the Second Amendment's creation supports this view. During the colonial and revolutionary periods, legal documents such as the Virginia Declaration of Rights and the Pennsylvania Constitution asserted the right of citizens to arm themselves as fundamental. After the American Revolution, the framers of the Constitution were concerned about the potential for oppressive regimes to use large armies to oppress their people. To counter this threat, it was proposed that each state raise its own militia composed of average citizens with the right to gather, possess armaments, and receive military instruction and pay from their state governments.

The notion of average citizens possessing weapons for self-defence predates the Constitution. The English Bill of Rights in 1689 allowed Protestant English citizens to "have arms for their defence suitable to their conditions and as allowed by law." Sir William Blackstone, in his Commentaries on the Laws of England, described the possession of weapons as an "auxiliary right," supporting core rights like self-defence and resistance to oppression.

While the Second Amendment does not grant the right to bear arms, it protects this pre-existing right from infringement by the federal government. The amendment's purpose has evolved from a focus on foreign invasion and federal overreach to general safety and protection of life, liberty, and property. The interpretation and application of the Second Amendment continue to be a subject of academic, judicial, and partisan debate.

The Second Amendment applies to the states through the incorporation doctrine

The Second Amendment to the United States Constitution, ratified on December 15, 1791, protects the right to keep and bear arms. The text of the 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.

The Second Amendment has been the subject of considerable debate and academic inquiry, with some arguing that it creates an individual constitutional right to possess firearms, while others point to the prefatory language "a well-regulated Militia" to argue that the Framers intended only to restrict Congress from legislating away a state's right to self-defense.

In the landmark Supreme Court case District of Columbia v. Heller (2008), the Court affirmed that the Second Amendment protects an individual's right to keep a gun for self-defense in the home. This ruling was further strengthened in McDonald v. City of Chicago (2010), where the Court held that the Second Amendment applies to state and local governments through the incorporation doctrine.

The incorporation doctrine is a constitutional doctrine that makes parts of the Bill of Rights applicable to the states through the Due Process Clause of the Fourteenth Amendment. In McDonald, the Court found that the right to keep and bear arms is fundamental and deeply rooted in national history and traditions, thus applying to state and local governments through incorporation. This ruling expanded the scope of the Second Amendment beyond the federal government and affirmed the right of individuals to possess firearms for self-defense.

Frequently asked questions