Skip to content

5 - Second Amendment: Right to Bear Arms

Original Intent

  • The amendment aimed to ensure states could maintain a militia, independent of federal government control, as a safeguard against potential government tyranny.

Interpretations of the Amendment

Self-Defense

  • This viewpoint argues the amendment protects an individual's right to own arms for personal defense, citing "the right of the people" as evidence of its intent to protect individual rights.

Militias Only

  • Another interpretation suggests the amendment is limited to the context of a militia, advocating for stricter gun control measures based on this stance.

McDonald v. Chicago (2010)

  • Background: Otis McDonald challenged Chicago's handgun ownership regulations as an infringement of the Second Amendment.
  • Outcome: The Supreme Court ruled that the Second Amendment protects an individual's right to own firearms, applicable to state and local governments, striking down Chicago's laws.

District of Columbia v. Heller (2008)

  • Background: Dick Heller contested D.C.'s handgun regulations as a violation of the Second Amendment.
  • Outcome: The Supreme Court held the amendment protects an individual's right to possess firearms for personal use, including keeping handguns at home for self-defense, declaring D.C.'s law unconstitutional.

Current Context

  • The Second Amendment's relevance has escalated with the rise in mass shootings in the U.S., intensifying the debate between societal safety and individual rights, with various groups advocating for differing views on gun control.