The Bill of Rights · Amendment II

Shall not be infringed.

“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.”
U.S. Constitution · ratified December 15, 1791

Why it was written

The people who wrote the Constitution had just fought a war that began when British troops marched to seize colonial arms and powder at Lexington and Concord. They did not treat an armed citizenry as a loophole. They treated it as a safeguard: a free people who can defend themselves are harder to rule without their consent.

James Madison made the point in Federalist No. 46, writing of “the advantage of being armed, which the Americans possess over the people of almost every other nation.” The amendment he later helped draft put that idea in the Constitution, where Congress could not quietly take it back.

How the right was defined

  1. 1689
    English Bill of Rights

    After the Glorious Revolution, Parliament declares that Protestant subjects may have arms for their defence. The founding generation grew up on this idea.

  2. 1791
    The Second Amendment is ratified

    On December 15, 1791 the states ratify the Bill of Rights. The right to keep and bear arms sits second, right after speech, religion and the press.

  3. 2008
    District of Columbia v. Heller

    The Supreme Court holds, 5 to 4, that the Second Amendment protects an individual right to possess a firearm for lawful purposes such as self-defense in the home.

  4. 2010
    McDonald v. Chicago

    The Court holds that the right applies to state and local governments through the Fourteenth Amendment, not just the federal government.

  5. 2022
    N.Y. State Rifle & Pistol Assn. v. Bruen

    The Court holds that the right extends outside the home and that gun laws must fit the nation's historical tradition of firearm regulation. This ended the interest-balancing test lower courts had used.

  6. 2024
    United States v. Rahimi

    The Court upholds, 8 to 1, a federal law barring firearm possession by people under a domestic-violence restraining order, and confirms the historical-tradition test.

“The inherent right of self-defense has been central to the Second Amendment right.”Justice Scalia, writing for the Court in District of Columbia v. Heller (2008)

What it means today

For tens of millions of Americans the Second Amendment is not an abstraction. It is the hunter in the field before sunrise, the competitor at the line, the parent who locks up a rifle and trains with a pistol so their family is safer, and the concealed carrier who hopes never to draw. Courts have said the right is individual, that it reaches the states, and that it goes beyond your front door.

It is also a right that varies by state, and the fight over its limits is still being decided in courtrooms and legislatures. That is why DownRange tracks the bills, the rulings and the rules as they move.

A right worth earning every day

Freedom is kept by the people who use it well. Responsible gun owners are the best argument for the right. Four habits to start with:

Stay informed. Stay ready.

Get the news, the deals and the law changes that matter to you, checked against your state.

This page is general information about the Constitution and published court decisions. It is not legal advice. Laws differ by state and change often; confirm current rules with the official source or a licensed attorney.