The Second Amendment
Ratified in 1791 as part of the Bill of Rights, the Second Amendment protects the right to keep and bear arms. In 27 words, it has generated more legal debate, more Supreme Court cases, and more political controversy than perhaps any other clause in the Constitution.
The Text of the Second Amendment
"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."
A Note on This Page
The Second Amendment is one of the most politically contested provisions in the Constitution. USGovExplained.org presents the text, its history, the Supreme Court's interpretations, and the full range of arguments made by serious legal scholars and advocates on all sides. This page does not advocate for any policy position on gun rights or gun regulation. Both the individual rights view and the collective rights view have been held by respected constitutional scholars, and both are represented here.
Why Was It Written?
The Second Amendment emerged from several converging concerns in the founding era. Understanding those concerns is essential to understanding the debates that continue today.
Historical Timeline
1689
English Bill of Rights
Protestant subjects in England are guaranteed the right to have arms for their defence, suitable to their conditions and as allowed by law. American colonists view this as part of their inherited English legal rights.
1775
Lexington and Concord
British forces march on Lexington and Concord in part to seize colonial military stores and ammunition. The battles that result spark the Revolutionary War. The attempt to disarm colonists reinforces the view that the right to bear arms must be constitutionally protected.
1776
State constitutions protect arms
Several early state constitutions explicitly protect the right to bear arms. The Pennsylvania Constitution of 1776 declares that the people have a right to bear arms for the defence of themselves and the state.
1789
Madison drafts the Second Amendment
James Madison introduces the Bill of Rights to the House of Representatives. His original draft read: The right of the people to keep and bear arms shall not be infringed; a well armed and well regulated militia being the best security of a free country. The House committee reversed the order, placing the militia clause first.
1791
Second Amendment ratified
The Bill of Rights is ratified on December 15, 1791. For nearly 70 years, the amendment would be largely dormant in federal courts, treated as a right of states to maintain militias rather than an individual right.
1939
United States v. Miller
The Supreme Court's only major 20th-century Second Amendment decision suggests the right is tied to militia service, interpreting the amendment to protect weapons with a reasonable relationship to a well-regulated militia.
2008
District of Columbia v. Heller
The Supreme Court rules 5-4 that the Second Amendment protects an individual right to keep and bear arms for traditionally lawful purposes, including self-defense in the home, independent of militia service.
2010
McDonald v. City of Chicago
The Supreme Court incorporates the Second Amendment against state and local governments through the 14th Amendment, making Heller's individual right binding on all levels of government.
2022
New York State Rifle and Pistol Association v. Bruen
The Supreme Court rules 6-3 that the Second Amendment protects carrying a firearm publicly and establishes a new text, history, and tradition test: gun regulations must be consistent with the nation's historical tradition of firearm regulation. This triggers hundreds of new legal challenges.
2024
United States v. Rahimi
The Supreme Court rules 8-1 that domestic violence restraining order firearm prohibitions are constitutional under Bruen, finding sufficient historical analogues. Roberts refines Bruen by clarifying historical analogies need not be exact matches.
Did You Know?
The Second Amendment is only 27 words long, making it one of the shortest provisions in the Bill of Rights. Its brevity has contributed to centuries of interpretive debate.
The Supreme Court did not issue a landmark Second Amendment ruling for nearly 70 years, from 1939 to 2008. Before Heller, the amendment was rarely litigated at the federal level.
By 2024, the number of federal court cases citing Bruen reached 680 per year, compared to 74 per year in the decade before the decision. The ruling triggered an explosion of Second Amendment litigation.
At least 23 states and territories maintain their own State Defense Forces, separate from the National Guard, under sole state authority and not subject to federal command.