3.5 Second Amendment: Right to Bear Arms

Text of the Second Amendment

The Second Amendment protects the right to keep and bear arms, stating that this right "shall not be infringed." Debate centers on whether this is an individual right or tied to militia service, given the amendment's reference to a "well-regulated Militia" needed for state security.

District of Columbia v. Heller (2008)

In DC v. Heller, the Supreme Court ruled that the Second Amendment protects an individual's right to possess firearms for self-defense in the home, unconnected to militia service. This struck down a DC law banning handgun possession, marking a major shift in interpretation.

McDonald v. Chicago (2010)

McDonald v. Chicago applied the Second Amendment right established in Heller to the states through the Fourteenth Amendment's Due Process Clause (selective incorporation). This case struck down a Chicago handgun ban and confirmed states can't violate this individual right either.

Key terms

Second Amendment

Protects the right to keep and bear arms; references a 'well-regulated Militia' and states the right shall not be infringed.

DC v. Heller (2008)

Supreme Court case ruling that the Second Amendment protects an individual right to possess firearms for self-defense in the home.

McDonald v. Chicago (2010)

Applied the individual right to bear arms (from Heller) to state and local governments via the Fourteenth Amendment.

Selective incorporation

The process by which the Supreme Court applies protections in the Bill of Rights to state governments through the Fourteenth Amendment's Due Process Clause.

Individual right vs. militia right debate

Central controversy over whether the Second Amendment protects a personal right to own guns or only a right connected to militia service; Heller favored the individual right interpretation.

Try an AP-style question

In District of Columbia v. Heller (2008), the Court held that the Second Amendment…

1. applies only to organized state militias
2. strikes down every handgun regulation
3. protects an individual right to own guns
4. applies only to active military members