DOJ Analysis of the Second Amendment

“The Second Amendment secures a right of individuals generally, not a right of States or a right restricted to persons serving in militias.”

[W]e conclude that the Second Amendment secures an individual right to keep and to bear arms. […] [O]ur examination of the original meaning of the Amendment provides extensive reasons to conclude that the Second Amendment secures an individual right, and no persuasive basis for either the collective-right or quasi-collective-right views. The text of the Amendment’s operative clause, setting out a “right of the people to keep and bear Arms,” is clear and is reinforced by the Constitution’s structure. The Amendment’s prefatory clause, properly understood, is fully consistent with this interpretation. The broader history of the Anglo-American right of individuals to have and use arms, from England’s Revolution of 1688-1689 to the ratification of the Second Amendment a hundred years later, leads to the same conclusion. Finally, the first hundred years of interpretations of the Amendment, and especially the commentaries and case law in the pre-Civil War period closest to the Amendment’s ratification, confirm what the text and history of the Second Amendment require.

Read the full analysis here.

Author: Greg Raven

Trained with Chuck Taylor. What else is there to know?