Dee Finney's blog
start date July 20, 2011
Today's date April 21, 2014
TOPIC: MILITIAS AND AMERICAN SPRING
DATE OF DREAM: 3-14-14
I was evidently living in a city with Joe in an apartment building, and one morning I wanted to clean a large rug, which was white - it was very large, oval, and white and a fringe around the outside.
The driveway for some reason came right up to my front door, and one of the maintenance men I had the hots for was driving a car and pulled it so close to the door I couldn't open it.
Just then Joe came up the driveway and started talking to the guy who was driving a convertible car with a younger woman by his side. I don't know if she was his girlfriend or his wife, (she looked like a TV character I've seen recently with dark hair).
But the man pulled the car back a bit while Joe was talking to him, and that gave me an excuse to open the door and ask Joe about cleaning the carpet.
As soon as I did, the maintenance man got out of his car and brought a beautiful brand new yellow carpet cleaner into my apartment, and I got all excited that I was going to have my white carpet cleaned free by my 'hotty' new boyfriend.
He put the machine down in front of me, then went back to his car and brought out a huge longe rifle with a long bayonet on the front.
That was really impressive and scary looking but Joe said to him, "Now that's what we need in the militia when we get it going."
and I woke up.
OPERATION AMERICAN SPRING - Washington, D.C. in the cross-hairs - The Out -of-Control Government Leadership Must Be Stopped ...
Operation “American Spring” set for May 16, 2014: Target Washington, D.C. 20277 likes · 3563 talking about this. Restoration of Our Ninth and Tenth ...
Feb 25, 2014 ... History is a great teacher and the upcoming Operation American Spring, to be held on May 16, 2014, stands as an example of why we need to ...
Jan 28, 2014 ... "We have 1.8 million definite militia members coming," promises OperationAmerican Spring spokeswoman Karen Smith. (The Anti-Defamation ...
2 days ago ... Operation American Spring, the far-right, militia-aligned group that's ... Bundy ranch and plugs Operation American Spring, while hinting that the ...
JOHN B WELLS AND COL. HARRY RILEY TALKING ABOUT OPERATION AMERICAN SPRING
CALLING ALL PATRIOTS - COL HARRY RILEY
MANY MILITIAS AE HIDDEN IN PLAIN SITE AND DON'T ADVERTISE THEIT WHEREABOUTS
HERE ARE SOME OTHERS
THE PATRIOT PAGE - WHERE PATRIOTISM NEVER GOES OUT OF STYLE
Here are are the top Militia Organizations - aligned by popular referrals on the internet:
Militia Of Montana
... For more information please write to: Militia of Montana PO Box 1486, Noxon, MT 59853 Ph#(406)-847-2735 Fax#(406)-847-2246 Or E-Mail firstname.lastname@example.org. www.militiaofmontana.com/
The 7th Missouri Militia
The 7th Missouri Militia. A Patriot Service Unit Specializing in Politics, Law, & Communications. . . ... Organizing Your Militia Cell". ... Description: "The purpose of the 7th Missouri Militia is to provide legal, political and communications support...
Southern Michigan Regional Militia
... Southern Michigan Regional Militia. Web Page. Medical Corps. Emergency Preparedness. I am the foundation ...
Description: The Wolverines. www.michiganmilitia.org/
California Militia Homepage
CALIFORNIA MILITIA 2002. NEWS. 6:15 AM DECEMBER 25, 2001 Today, years after the American Electorate ...
Description: Formerly Constitutional Militia of So. Calif. www.geocities.com/CapitolHill/ Congress/2608/welcome.html -
The Militia of Montana. NOTICE: Barefoot's World has a new domain -- http://www.barefootsworld.net. ...
Marietta Pennsylvania Militia Marietta Lancaster County PA
Marietta Pennsylvania Militia Preserving, Protecting, and Defending Marietta Pa JOIN OUR REAL - " HOMELAND SECURITY WEBRING " - " LET'S ROLL ". ... Description: "Preserving, Protecting, and Defending Marietta." www.mariettapa.com/marietta_militia.html -
Maine Constitutional Militia Home
To The Maine Constitutional Militia Home Page. Dedicated to preserving liberty. Join. ... Support Your Local Militia! ...
Description: Dedicated to preserving liberty. mainemilitia.homestead.com/ -
The North Carolina Citizen Militia
The North Carolina Citizen Militia. The Palladium of Liberty - An Armed Citizenry. ...
Description: "The primary purpose of the North Carolina unorganized, or reserve militia, www.netpath.net/~jeffr/nccm.htm
The Official Pack 44 Militia Homepage
The Pack 44 Militia. Welcome to the Official Pack 44 Militia Homepage!! "A well regulated Militia, being necessary to the security of a free State
Description: "Our goal as the Pack 44 Militia is not to disrupt the function of our Government marina.fortunecity.com/longmark/311/
US National Militia Directory
US National Militia Directory. Directory by State. ... For background on the modern militia movement, see the Texas Militia Papers. ...
Ohio Unorganized Militia Assistance and Advisory Committee
OUMAAC The Ohio Unorganized Militia Assistance and Advisory Committee. ... OHIO REVISED CODE ORC ... www.oumaac.com/
MichiganMilitia.Com - Index Page
website is to inform, promote and facilitate the development and training of militia groups - I don't care what race you are, what ethnic group you belong ...
Description: A non-profit corporation incorporated in Jan. 2000. Focusing on freedom, organization, legitimacy....
PA 1st Unorganized Militia
Description: A Constitutional unorganized militia. www.1stpa-militia.org/ -
VIRGINIA CITIZENS MILITIA
VIRGINIA CITIZENS. MILITIA. Sic Semper Tyrannis. VCM
has a new web site at http://www.VIRGINIA-CITIZENS ...
Beaver County Militia
BEAVER COUNTY MILITIA. ... A Kinder, Gentler Militia". © 1997, 1998, 1999, 2000, 2001, 2002 Beaver County Militia. ...
Description: Some political satire with this tongue in cheek militia parody. Stressing a kinder,gentler militia.
US MILITIA. ... The owner of this domain is currently on sabbatical. Email may not be answered. Copyright 2001,2002 www.us-militia.org. www.us-militia.org/ -
MILITIA FEVER. The Fallacy of "Neither Left nor Right". by Janet Biehl. Editor's ... media. MILITIA ANTSTATISM. ...
Michigan Militia Corps
... DBA Michigan Militia Corps Wolverines. Sign the petition to boycott Smith & Wesson. ... Michigan Militia Corps "Wolverines". ...
the Citizens Militia of Maryland
the Citizens Militia of Maryland. Maryland Militia-Keeping Maryland free. !!WE ARE NOT A TERRORIST ORGANIZATION...
Texas Constitutional Militia
... Texas Constitutional Militia. The militia activities ... Texas Militia Papers. Militia Contacts by County. ...
[ More results from www.constitution.org ]
Indiana Militia -
The Original Homelands Defense
... The Indiana Militia supports the Civil Defense Declaration by the Patriot Alliance. ~ The Citizen Constitutional Militia ~ America's ORIGINAL Homelands Defense. ...
Description: Declaration, membership information, links to related organizations, news, and editorials.
The Peoples Militia
The Peoples Militia The Peoples Militia has been disbanned due to group leadership
moving out of state. Please Click here for more information on the cause.
Maine State Militia-Washington County Constitutional Militia-"A" ...
Maine State Militia-Washington County Constitutional Militia-"A" Company. The Constitutional ...
Description: Started in response to future problems over Y2K.
The Unorganized Militia
The Unorganized Militias. ... THE LAW, by Fredric Bastiat, Paris, 1850. ... Here are some militia related quotes: ...
WELCOME to the MI National Center!
... May 3-5, 2001 Faith, Education, Leadership. Copyright 1998-2002 The Militia of the Immaculata.
The Militia Watchdog
Yahoo! Society and Culture > Issues and Causes > Militia Movement
... Yahoo! Directory Militia Movements all of Yahoo! just
this category Advanced Search Help. ...
dir.yahoo.com/Society_and_Culture/Issues_and_Causes/ Militia_Movement/ -
Markland Medieval Mercenary Militia
... All content herein is intellectual property of Markland Medieval Mercenary Militia
and the individual who created the particular information in question ...
Militia extremists defend their views
Militia extremists defend their views. ... If this stuff is true," Zapalik
says, "the militia may be the last line of defense in America.". ...
www.sfgate.com/okc/winokur/0423.html - 9k - Cached - Similar pages
Index to militia directory
What is the militia? ... Here are some articles on the militia: Opinions expressed are those of the respective authors.
Description: Articles which attempt to define the militia movement.
MacMilitia.com | Resurrected
Description: Online version of the print publication, started in 1997 by several homeschooled teens.
Indianas' Greene County Militia
Indianas' Greene County Militia. The Greene County Militia. The Greene ... Why the Militia??? The Concept ...
Description: Local extremist organization. Group information, links of related interest.
A Well Regulated Militia...
For God, For Family, For Liberty. Welcome to "A Well Regulated Militia..." The only interactive online resource center on the web that is of, for, and by the people... www.awrm.org/ -
USA Patriotic/Militia/Anti-NWO Links
USA Patriotic/Militia/Anti-NWO Links. If you run, you'll only die tired!
Official Homepage, Kentucky State Militia, 9th Battalion in ...
New Jersey Militia
NEW JERSEY MILITIA. ... NJM Newsletters, NJ Militia's Purpose.
North Carolina Citizens Militia
... family, community and nation. The collective right to assemble as an ‘unorganized’ militia is affirmed in Article 1, Section 8 of the Constitution in which ... Description: Aimed at assisting the individual and the unit in preparing and organizing for all most any situation. www.ncmilitia.org/ -
ROYAL JERSEY MILITIA HOMEPAGE Welcome ... Club. Militia Insignia
[ More results from www.fortunecity.com ]
The Baja Arizona Militia Page
Welcome! to the Republic of Baja Arizona's MILITIA PAGE. .
... the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins." — Rep. Elbridge Gerry of ... www.tuffmilitia.com/ -
STOP the HATE.org
Stop the hate - get involved
Description: List of militia and patriot groups.
BSA: Sasquatch Militia
... Sasquatch Militia. Operating under the aegis of the Bureau of Sasquatch Affairs & the Cascadian Defense Department. ... Join the Sasquatch Militia... ... zapatopi.net/bsa/militia.html -
Thinking of Joining the Militia
The Central Ohio Unorganized Militia. ... God Bless the United States of America! The COUM is part of the Ohio Unorganized Militia and a member of OUMAAC. ...www.pandar.com/coum/ -
"United States Special Operations Citizens Militia, of Florida". "A well regulated militia, being necessary to the security of a free State ...hometown.aol.com/USSOCM/page3/ -
WELCOME PATRIOTS TO THE CONNECTICUT 51ST MILITIA HOMEPAGE
*Freedom against tyranny**. !!! PLEASE ... www.expage.com/page/ctmilitia
The American Militia - Defending the Constitution from Enemies ...
God Bless George W. Bush and Richard E. Cheney! God Bless America! ... Militia Database. Educational Sources. ... Militia Resources, Liberty Sticks. ... www.americanmilitia.net/
St. Maries Citty Militia
St. Maries Citty Militia. The St. Maries Citty ... presence there. ... www.radix.net/~crusher/smcm.htm -
agencies and sites: criminal justice: militia links
Militia Related Links. Militia WatchDog's Links Page . American Militia Movement Organizaion(AMMO). ...
The Third Ulster Militia - An 18th-Century Living History ...... 2000-2001 Third Ulster Militia. www.shokan.com/thirdulster/ -
Field Manual of the Free Militia
Principles justifying the arming and organizing of a militia Prerequisite(s): None Restriction(s): Prospective recruits approved by the cell ... www.ifas.org/library/militia/ -
1st New Market Colonial Militia
1 st New Market Colonial Militia. Home Join Us Schedule Upcoming Events Piscassic Muster Bunker ... Description: Information on Bunker Hill 2001, musket care, site of early rebellion. By Foot Guard for the New Hampshire...www.1stnewmarket.org/ -
New Mexico Militia 5th Brigade
This site established in May of 1998.. www.users.qwest.net/~toad419/ -
MOM at Maltby
Militia of Montana Meeting. at the Maltby Community Center, February 11, 1995. 1995 by Paul de Armond. ... Description: Notes of the Feb 11, 1995 MOM meeting at the Maltby Community Center by Paul de Armond. nwcitizen.com/publicgood/reports/maltby3.htm
[ More results from nwcitizen.com ]
- MORE MILITIA SITES
- The Spotlight
- Bo Gritz
American Patriot Network
It's 2002, do you know where your Rights are? A unique look at US History, Civil Liberties and the US Constitution. ...
... American Patriot Friends Network a/k/a American Patriot Fax Network was founded
Feb. 21, 1993. We started with faxing daily reports from the Weaver-Harris ...
Description: Network of patriotic movement, including "Minute Man Press" online.
- Pete Celano's Extremist Page
Gun Owners of America
C ocaine I mporting A gency
- Captain Riley: Gulf War Syndrome
- Firearms & Liberty
- Free America
- The Independence Web Page
- The Paul Revere Network
- Citizens Committee for the Right to Keep and Bear Arms
State Militia Organizations
- Alabama Militias
Arizona State Militia | Setting a New Standard for Arizona ...
arizonastatemilitia.com/ - Similarto Arizona State Militia | Setting a New Standard for Arizona ...
Arizona State Militia | Now Recruiting Patriots StatewideThe Arizona State Militia is currently seeking new recruits in all counties within the state! All citizens are ...
Arizona Creates A State Militia | The Truth About Guns
www.thetruthaboutguns.com/2013/.../arizona-creates-a-state-mili... - Similarto Arizona Creates A State Militia | The Truth About Guns
May 7, 2013 ... When Arizona Governor Jan Brewer poked President Obama in the chest on the runway in Phoenix, it was clear that the working relationship ...
California State Militia - Home
cal-militia.com/ - Similarto California State Militia - Home
WantedCitizens over the age of 18, not currently enlisted in the organized military forces of the United States of America, to stand in reserve as a member of the ...About Us - FAQ - Contact Us - Militia Links
www.constitution.org/mil/ca/mil_usca.htm - Similarto California Constitutional Militia - Constitution Society
A link-free version of the above California Counties Table is available here. ... High DesertMilitia of Southern California ...
Florida Constitutional Militia - Constitution Society
www.constitution.org/mil/fl/mil_usfl.htm - Similarto Florida Constitutional Militia - Constitution Society
Alachua, Dade, Hardee, Leon, Osceola, Suwannee. Baker, De Soto, Hendry, Levy, Palm Beach, Taylor. Bay, Dixie, Hernando, Liberty, Pasco, Union. Bradford ...
- Georgia Constitutional Militia
www.constitution.org/mil/la/mil_usla.htm - Similarto Louisiana Constitutional Militia - Constitution Society
Acadia, Cameron, Iberia, Morehouse, Saint Charles, Union. Allen, Catahoula, Iberville, Natchitoches, Saint Helena, Vermillion. Ascension, Claiborne, Jackson
snmmilitia.tripod.com/ - Similarto Home of the Southern New Mexico Militia
We believe a well-armed citizenry is the best form of Homeland Security and can better deter crime, invasion, terrorism, and tyranny. The intention of this website ...
newmexicomilitia.tripod.com/ - Similarto Home of the New Mexico Citizen's Militia
Welcome to the online home of the New Mexico Citizen's Militia, a website for all law-abiding citizens of the Land of Enchantment, regardless of age, race, ...
newmexicomilitia.tripod.com/militiacomposition.htm - Similarto Militia Composition/New Mexico Citizen's Militia
Militia: composition and classes. Title 10 U.S.C. Section 311. Militia: composition and classes. The Militia of the United States consists of all able bodied males at ...
- North Carolina Citizen Militia
Ohio Constitutional Militia - Constitution Society
www.constitution.org/mil/oh/mil_usoh.htm - Similarto Ohio Constitutional Militia - Constitution Society
Adams, Coshocton, Hamilton, Logan, Noble, Stark. Allen, Crawford, Hancock, Lorain, Ottawa, Summit. Ashland, Cuyahoga, Hardin, Lucas, Paulding, Trumbull.
- Texas Constitutional Militia
A militia // generally is an army or other fighting force that is composed of non-professional fighters; citizens of a nation or subjects of a state or government that can be called upon to enter a combat situation, as opposed to a professional force of regular, full-time military personnel. Historically, members of a fighting nobility class (e.g., knights or the samurai) could be considered an early form of militia. This is because their duties often extended beyond the realm of combat, into civic roles.
However, beginning as early as the late 20th century, some militias (particularly officially recognized and sanctioned militas of a government) may be considered professional forces, while still maintaining their status as a "part-time" or "on-call" organization. For instance, the members of the various Army and Air National Guard units of the United States are considered professional soldiers and airmen, respectively. These soldiers and airmen are trained to maintain, and do maintain, exactly the same standards as their "full-time" (active duty) counterparts. Therefore, these professional militia men and women of the National Guard of the United States are colloquially known as "citizen-soldiers" or "citizen-airmen". The historical view is when three or more citizen gather together in the common defense of their country or state, then they became a militia.
Militias thus can be military or paramilitary, depending on the instance. Some of the ways the term "militia" is used include:
- Defense activity or service, to protect a community, its territory, property, and laws.
- The entire able-bodied population of a community, town, county, or state, available to be called to arms.
- A subset of these who may be legally penalized for failing to respond to a call-up.
- A subset of these who actually respond to a call-up, regardless of legal obligation.
- A private, non-government force, not necessarily directly supported or sanctioned by its government.
- An official reserve army, composed of citizen soldiers. Called by various names in different countries such as; the Army Reserve,National Guard, or state defense forces.
- The national police forces in several former communist states such as the Soviet Union and the Warsaw Pact countries, but also in thenon-aligned SFR Yugoslavia. The term was inherited in Russia, and other former CIS countries and are known as militsiya.
- In France the equivalent term "Milice" has become tainted due to its use by notorious collaborators with Nazi Germany.
- A select militia is composed of a small, non-representative portion of the population, often politicized.[
The history of militia in the United States dates from the colonial era, such as in the American Revolutionary War. Based on the British system, colonial militias were drawn from the body of adult male citizens of a community, town, or local region. Because there were usually few British regulars garrisoned in North America, colonial militia served a vital role in local conflicts, particularly in the French and Indian Wars. Before shooting began in the American War of Independence, American revolutionaries took control of the militia system, reinvigorating training and excluding men with Loyalist inclinations. Regulation of the militia was codified by theSecond Continental Congress with the Articles of Confederation. The revolutionaries also created a full-time regular army—the Continental Army—but because of manpower shortages the militia provided short-term support to the regulars in the field throughout the war.
In colonial era Anglo-American usage, militia service was distinguished from military service in that the latter was normally a commitment for a fixed period of time of at least a year, for a salary, whereas militia was only to meet a threat, or prepare to meet a threat, for periods of time expected to be short. Militia persons were normally expected to provide their own weapons, equipment, or supplies, although they may later be compensated for losses or expenditures. A related concept is the jury, which can be regarded as a specialized form of militia convened to render a verdict in a court proceeding (known as a petit jury or trial jury) or to investigate a public matter and render a presentment or indictment (grand jury).
With the Constitutional Convention of 1787 and Article 1 Section 8 of the United States Constitution, control of the army and the power to direct the militia of the states was concurrently delegated to the federal Congress. The Militia Clauses gave Congress authority for "organizing, arming, and disciplining" the militia, and "governing such Part of them as may be employed in the Service of the United States", with the States retaining authority to appoint officers and to impose the training specified by Congress. Proponents describe a key element in the concept of "militia" was that to be "genuine" it not be a "select militia", composed of an unrepresentative subset of the population. This was an argument presented in the ratification debates.
The first legislation on the subject was The Militia Act of 1792 which provided, in part:
- That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia, ... every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock....
During the nineteenth century, each of the states maintained its militia differently, some more than others. Prior to the Civil War, militia units were sometimes used by southern states for slave control. In free states, Republican militias - called "Wide Awakes" - sided with abolitionists in sometimes violent confrontations with Federal authorities. In California, the militia carried out campaigns against bandits and against the Indians at the direction of its Governor between 1850 and 1866. During Reconstruction after the Civil War, Republican state governments had militias composed almost entirely of freed slaves and populist whites. Their deployment to maintain order in the former Confederate states caused increased resentment among many Southern whites.
During the nineteenth century, American militia saw action in the various Indian Wars and the War of 1812, the American Civil War and theSpanish-American War. Sometimes militia units were found to be unprepared, ill supplied and unwilling.
Paramilitary groups in the Postbellum South
Secret groups like the Ku Klux Klan and Knights of the White Camellia arose quickly in states across the South, reaching a peak in the late 1860s. Even more significant in terms of effect were private militias, paramilitary organizations that formed starting in 1874, including theWhite League in Louisiana, which quickly formed chapters in other states; the Red Shirts in Mississippi in 1875, and with force in South Carolina and North Carolina; as well as other "White Line" militias and rifle clubs. In contrast to the KKK, they were open, members were often well known in the communities, and they directed their efforts at political aims: using force, intimidation and violence, including murder, to push out Republican officeholders, break up organizing, and suppress freedmen's voting and civil rights. The paramilitary groups were described as "the military arm of the Democratic Party" and were instrumental in helping secure Democratic victories in the South in the elections of 1876.
The Militia Act of 1903 divided what had been the militia into what it termed the "organized" militia, created from portions of the former state guards to become state National Guard units, and the "unorganized" militia consisting of all males from ages 17 to 45, with the exception of certain officials and others, which is codified in 10 U.S.C. § 311. Some states, such as Texas and California, created separate state defense forces for assistance in local emergencies. Congress later established a system of "dual enlistment" for the National Guard, so that anyone who enlisted in the National Guard also enlisted in the U.S. Army. Privately organized citizen militia-related groups blossomed in the mid-1990s, which collectively became known as the constitutional militia movement. The supporters have not been affiliated with any government organization, although many have been military and law enforcement veterans.
In its original sense, militia meant "the state, quality, condition, or activity of being a fighter or warrior." It can be thought of as "combatant activity", "the fighter frame of mind", "the militant mode", "the soldierly status", or "the warrior way".In this latter usage, a militia is a body of private persons who respond to an emergency threat to public safety, usually one that requires an armed response, but which can also include ordinary law enforcement or disaster responses. The act of bringing to bear arms contextually changes the status of the person, from peaceful citizen, to warrior citizen. The militia is the sum total of persons undergoing this change of state. Persons have been said to engage in militia in response to a "call up" by any person aware of the emergent threat requiring the response, and thence to be in "called up" status until the emergency is past. There is no minimum size to militia, and a solitary act of defense, including self-defense, can be thought of as one person calling up himself to defend the community, represented by himself or others, and to enforce the law.See citizen's arrest and hue and cry.
21st Century: Federally organized or not
In the 2008 decision of the Supreme Court in District of Columbia v. Heller, the de jure definition of "militia" as used in United Statesjurisprudence was discussed. The court's opinion made explicit, in its obiter dicta, that the term "militia", as used in colonial times in thisoriginalist decision, included both the federally organized militia and the citizen-organized militias of the several States: "... the 'militia' in colonial America consisted of a subset of 'the people'—those who were male, able-bodied, and within a certain age range" (7) ... Although the militia consists of all able-bodied men, the federally organized militia may consist of a subset of them"(23).
The most important previous activity of the Texas Militia was the Texas Revolution in 1836. Texans declared independence from Mexicowhile they were defeated during the Battle of the Alamo in March 1836. On April 21, 1836, led by Sam Houston, the Militia attacked theMexican Army in the early morning as they camped at the Battle of San Jacinto, near the present city of Houston. Following the war, some militia units reorganized into what was later to be known as the Texas Rangers, which was a private, volunteer effort for several years before becoming an official organization. After Texas joined the Union of the United States in 1845, Texas militia units participated in theMexican-American War. In 1861 Texas joined the other Confederate States in seceding from the Union, and Texas militias played a role in the American Civil War, until it ended in 1865. Texas militiamen joined Theodore Roosevelt's Rough Riders, a volunteer militia, and fought with him during the Spanish-American War in 1898. Some of the training of the Rough Riders took place in San Pedro Park, in the north central part of San Antonio, near the present site of San Antonio College. When a muster of the Militia proposed to train there on April 19, 1994, they were threatened with arrest, even though the charter of San Pedro Park forbids exclusion of activities of that kind. This threat led to a change of the meeting site to Highway 151. Like many other American States, Texas maintains a recognized State Militia, theTexas State Guard.
Public militias in the United States
Private militias in the United States
Militia organizations in the United States are a number of private organizations that call themselves militia or unorganized militia.These organizations include paramilitary groups, and groups of similar ideologies. They refer to themselves as "militia", "unorganized militia", and "constitutional militia" While groups such as the Posse Comitatus existed as early as the 1980s, the movement gained momentum after controversial standoffs with government agents in the early 1990s. By the mid-1990s, groups were active in all 50 states with membership estimated at between 20,000 and 60,000. Although in unconnected groups, they may be united in their beliefs of the federal government's threat to their freedom and, in particular, the movement's opposition to any limit of the Second Amendment right to bear arms.
Militia organizations in the United States are paramilitary out-growth of the independent survivalist, anti-tax and other causes in the patriot movement subculture in the United States. The formation of the militias was influenced by the historical precedent of existing paramilitary movements such as the Posse Comitatus and groups associated with protecting liberties of governed people.
Although the far-right Patriot movement had long been marginalized, cultural factors paved the way for the wide-scale growth of the libertarian or ideological militia movement. This attitude corresponded with the perception that the federal government's powers and reach had increased greatly.
Precursor groups existed in the form of small militias that had organized during the 1970s and 1980s, but the movement underwent a wave of growth and rose to prominence in American culture in the 1990s. Events such as the killing of Gordon Kahl by government agents, the controversies of the Presidency of Bill Clinton, and the passage of the North American Free Trade Agreementangered those on the right and left. The catalysts came in the form of the FBI's 1992 shootout with Randy Weaver at Ruby Ridge, and the government's 1993 siege and eventual destruction of David Koresh and the Branch Davidians in Waco, Texas.Historian Mark Pitcavage described the militia movement of the 1990s:
The militia movement is a right-wing movement that arose following controversial standoffs in the 1990s. It inherited paramilitary traditions of earlier groups, especially the conspiratorial, anti government Posse Comitatus. The militia movement claims that militia groups are sanctioned by law but uncontrolled by government; in fact, they are designed to oppose a tyrannical government. Adherents believe that behind the "tyranny" is a left-wing, globalist conspiracy known as the New World Order. The movement's ideology has led some adherents to commit criminal acts, including stockpiling illegal weapons and explosives and plotting to destroy buildings or assassinate public officials, as well as lesser confrontations.
Some militia groups saw the Davidians and the Weaver family as martyrs and used Ruby Ridge and Waco as examples of the federal government's threat to people who refused to conform. Additionally, those two events became a rallying cry to form militias to defend the people against the forces of a government perceived as hostile. Government agencies responsible for the deaths of the Branch Davidians, and members of the Weaver family at Ruby Ridge, were later exonerated and exempted from further investigation. This heightened tensions in militias, as many leaders were gun rights advocates and firm believers in the right to bear arms.
Resentment of the federal government only heightened with the passage of the Brady Act in 1993 and the Assault Weapons Ban a year later. Those laws also helped to drive more moderate gun owners into sympathy with some of the militia movement's positions. The USMS and FBI shootings of Sam and Vicki Weaver at Ruby Ridge alienated many in the gun rights movement. Some members of the militia movement viewed this as an attempt by the government to disarm the American people, a preliminary step to clear the way for an invasion of United Nations troops and the establishment of a New World Order. Many people joined militias to protect themselves, their families, and their rights from perceived government intrusion.
During the 1990s public attention to the militia movement began to grow. The Oklahoma City bombing on April 19, 1995, the second anniversary of the Waco fire, drew nation-wide attention to the militia movement as Timothy McVeigh was erroneously associated with the Michigan Militia. This increased public scrutiny and law enforcement pressure, and brought in more recruits due to the heightened awareness of the movement.
In March 1996, agents of the FBI and other law enforcement organizations surrounded the 960-acre (390 ha) eastern Montana "Justus Township" compound of the Montana Freemen. The Freemen were a Sovereign Citizen group that included elements of the Christian Identity ideology, espoused common law legal theories, and rejected the legitimacy of the Federal Reserve. Montana legislator Carl Ohs mediated through the standoff. Both Randy Weaver (one of the besieged at Ruby Ridge) and Bo Gritz (a civilian negotiator at Ruby Ridge) had attempted to talk to the group but had given up in frustration, as did Colorado Senator Charlie Duke when he had attempted negotiations. A break finally came when far right leaders abandoned the group to their fate. The group surrendered peacefully after an 81-day standoff and 14 of the Freemen faced criminal charges relating to circulating millions of dollars in bogus checks and threatening the life of a federal judge. The peaceful resolution of this and other standoffs after Ruby Ridge and Waco have been credited by some to the creation of the Critical Incident Response Group (CIRG) in the U.S. Department of Justice in 1994.
Another incident occurred in Fort Davis, Texas a year later in March 1997 when a faction of the self-styled "Republic of Texas" militia group seized hostages. The Republic of Texas group believed that the annexation of Texas as a state in 1845 was illegal, that Texas should remain an independent nation, and that the legitimate government of Texas was the group's leadership. Joe and Margaret Ann Rowe were taken at gunpoint in retaliation for the arrest of member Robert J. Scheidt, who had been arrested on weapons charges. Leader Richard McLaren then declared that the group was in a state of war with the federal government. The property was then surrounded by the entire Jeff Davis County sheriff's department, state troopers, Texas Rangers, and agents of the FBI. McLaren's wife, Evelyn, convinced him to surrender peacefully after a week-long standoff. The McLarens and four other Republic of Texas members were sent to prison.
A 1999 US Department of Justice analysis of the potential militia threat at the Millennium conceded that the vast majority of militias were reactive (not proactive) and posed no threat. In January 2000, the FBI Project Megiddo report stated:
- Most militias engage in a variety of anti-government rhetoric. This discourse can range from the protesting of government policies to the advocating of violence and/or the overthrow of the federal government. However, the majority of militia groups are non-violent and only a small segment of the militias actually commit acts of violence to advance their political goals and beliefs. A number of militia leaders, such as Lynn Van Huizen of the Michigan Militia Corps -Wolverines, have gone to some effort to actively rid their ranks of radical members who are inclined to carry out acts of violence and/or terrorism. Officials at the FBI Academy classify militia groups within four categories, ranging from moderate groups who do not engage in criminal activity to radical cells which commit violent acts of terrorism. It should be clearly stated that the FBI only focuses on radical elements of the militia movement capable and willing to commit violence against government, law enforcement, civilian, military and international targets.
By 2001, the militia movement seemed to be in decline, having peaked in 1996 with 858 groups. However, with the post-2007 global financial crisis and the election of Barack Obama to the United States presidency in 2008, militia activity has experienced a resurgence.
Militias' primary forms of outreach are gun shows, shortwave radio, newsletters, and the Internet.
The ideologies of militia groups can be described as political, constitutional, conspiratorial, or community based. Militia groups claim legitimacy based on colonial writings, particularly the Declaration of Independence; Article 1, section 8 and the 2nd Amendment of theUnited States Constitution; the Militia Act of 1792; Title 10, Section 311 of the United States Code; and the concept of an independent wing of the citizenry that enacts its own governmental beliefs.Watchdog groups such as the Anti-Defamation League and the Southern Poverty Law Center have portrayed militias as often holding racist ideologies. White supremacist views are held by prominent paramilitary militia groups such as the former Aryan Nations of northern Idaho, although counterexamples do exist. For example, The Gadsden Alabama Minutemen who exposed the racist "Good'O'Boys Roundup" held by ATF agent Eugene Rightmyer had a black member, though this does not necessarily discredit racism claims in general, but rather racism against blacks in that specific militia.Robert Churchill noted a white supremacist "resistance wing" of the movement and a radical libertarian "constitutionalist wing" motivated by various, at times overlapping, concerns. The beliefs of the latter group center around opposition to the power of federal or local governments and limitations imposed by governing parties or erosions of liberties by governing parties.
Some of the militia groups sees power of a government as a form of tyranny. Their beliefs focus on limited-government, on taxes, regulations, and gun control efforts as perceived threats to constitutional liberties. Many of their views are similar to those of the John Birch Society, tax protester movement, county supremacy movement, state sovereignty movement, and the states’ rights movement.Gun control (see Second Amendment) is considered unconstitutional, and a move toward fascism by the government. The controversial novel Unintended Consequences by John Ross in 1996 is an example of these beliefs. However, not all militias are armed or support the use of violence in political change.
The ideologies most commonly associated with these militia groups and organizations are the Christian Patriot movement, theConstitutional militia movement, and opposition to the creation of an alleged one world government. Most militias are derived from a local populace who come to common belief, and so ideologies tend to differ by region. Most agree upon local regulation opposed to global, federal or state regulation.
Active militia groups
United States militia groups Milita group name State, county or locale 2nd Alabama Militia Alabama, Mobile Alabama Shoals Badgers Alabama, Tuscumbia Alaska Citizens Militia Alaska, Nikiski Arizona Citizens Militia Arizona, Douglas Arizona Militia Arizona, Glendale Cochise County Militia Arizona, Tombstone Northern Arizona Militia Arizona, Flagstaff Arkansas Defense Force Arkansas, Statewide Militia of Washington County Arkansas, Fayetteville American Resistance Movement All States, USA/Nation-Wide area State of California Unorganized Militia California, Monrovia Minutemen Militia Colorado, Fort Collins Florida Free Alliance Florida, Nokomis Florida Free Militia Florida, Palm Coast Georgia Militia Georgia, Chatham County Militia of Georgia Georgia, Lawrenceville Idaho Citizens Constitutional Militia Idaho, statewide North Idaho Light Foot Militia Idaho, Bonner County 135th Illinois Volunteer Cavalry Illinois, statewide Illinois State Militia (Unorganized) 167th Battalion, 21st FF Illinois, statewide Indiana Citizens Volunteer Militia, 3rd Brigade Indiana, Tippecanoe County Indiana Constitutional Militia Indiana, statewide Indiana Militia Corps Indiana, Statewide Indiana Sedentary Militia Indiana, Hendricks County Indiana Sons of Liberty Indiana, Statewide Indiana's Greene County Militia Indiana, Greene County Indiana State Militia 14th Regiment Indiana, Owen County Kansas State Militia Kansas, Wichita Kansas Regional Militias Kansas, North East, South East, Western, North Central, South Central, Central Kansas Militias 1st Joint Public Militia Kentucky, Bowling Green Kentucky State Militia - Ohio Valley Command Kentucky, Louisville Northern Kentucky Militia 105th "Blue Guard" Kentucky, Bracken,Mason,Pendleton,Countys Louisiana Militia Louisiana, statewide Louisiana Unorganized Militia Louisiana, Abbeville Maine Constitutional Militia Maine, statewide Southern Sons of Liberty Maryland, statewide Delta 5 Mobile Light Infantry Militia Michigan, Eaton County East-Central Volunteer Militia of Michigan Michigan, Lapeer County Hutaree Militia Michigan, Southern Jackson County Volunteers Michigan, Jackson County Lenawee County Free and Independent Militia Michigan, Adrian Michigan Militia Michigan, Redford Michigan Militia Corps Wolverines 8th Division Michigan, South Central Northern Michigan Backyard Protection Militia Michigan, Northern Southeast Michigan Volunteer Militia Michigan, 13 counties West Michigan Volunteer Militia Michigan, Muskegon County Capitol City Militia Michigan, Eaton County and Ingham County Mid Michigan Militia Michigan,7 Counties,centered around Ingham County Ocqueoc Militia Michigan, Presque Isle County, Montmorency County, Alpena County, Cheboygan County Minnesota Militia/Army of Mississippi Minnesota, St. Cloud Minnesota Minutemen militia Minnesota Constitution Defense Militia of Attala County (CDMAC) Mississippi, Attala County East Central Mississippi Militia Mississippi, East Central Missouri Militia Missouri, Kansas City Militia of Montana Montana, Noxon New Hampshire Patriot Militia New Hampshire, statewide United States Constitution Rangers New Hampshire, West Lebanon New Jersey Militia New Jersey, Trenton New Jersey Guardian Angels New Jersey, Jackson Empire State Militia 11th Field Force New York, Northwestern Sons of Liberty New York, Buffalo Bloodville Volunteers New York, Saratoga County North Carolina Citizens Militia North Carolina, Charlotte Constitutional Militia of Clark County Ohio, Clark County Constitutional Militia of Franklin County(M.C.M.) Ohio, Franklin County Northeastern Ohio Defense Force 3BN Ohio, Lisbon Northwestern Ohio Defense Force 4BN Ohio, Kenton Ohio Defense Force State Headquarters Ohio, Zanesville Ohio Militia Ohio, statewide Southeastern Ohio Defense Force 3rd Platoon Ohio, Belmont County Southwestern Ohio Defense Force 5BN Ohio, Lebanon Unorganized Militia of Champaign County Ohio, St. Paris Eastern Oregon Militia Oregon, Eastern Oregon / Oregon Militia Alliance Oregon Militia Alliance Oregon, statewide Oregon Militia Corps Oregon, statewide Northwest Rangers Advanced Training Group Oregon, Central Oregon / Oregon Militia Alliance Oregon Training Group Southern Oregon Militia Oregon, Eagle Point Keystone Freedom Fighters Pennsylvania, Gettysburg East Tennessee Militia Tennessee, East American Patriots for Freedom Foundation Texas, Spring Central Texas Militia Texas, Central Texas Well Regulated Militia Texas, Edwards County Texas State Militia Texas Virginia Citizens Militia Virginia, Roanoke Grays Harbor County Patriot Militia Washington, Grays Harbor County King County Volunteer Militia Washington, King County Kitsap County WA Militia Washington, Kitsap County Washington State Militia Washington, statewide
- Constitutional militia movement
- Patriot movement
- 2011 Georgia terrorist plot
- Minutemen (anti-Communist organization)
- Michigan Militia
- Minuteman Project
- Mark Koernke
- New World Order (conspiracy theory)
- Rainbow Farm
- Second Amendment
- Betrayed (1988 film)
- Revolution (2012 TV series)
- The Covenant, The Sword, and the Arm of the Lord
- The Postman (1985 novel)
- Lucky You (1997 novel)
- The Postman (1997 film)
- The Turner Diaries (1978 novel)
THE RIGHT TO BEAR ARMS
en.wikipedia.org/wiki/Right_to_keep_and_bear_arms - Similarto Right to keep and bear arms - Wikipedia, the free encyclopedia
The right to keep and bear arms (often referred to as the right to bear arms or to have arms) is the people's right to have their own arms for their defense as ...
en.wikipedia.org/.../Second_Amendment_to_the_United_Stat... - Similarto Second Amendment to the United States Constitution - ...
The right to bear arms in English history is believed to have been regarded in English law as an auxiliary to the long-established natural right of self-defense, ...
law.umkc.edu/faculty/projects/ftrials/conlaw/beararms.htm - Similarto The Right to Bear Arms
Writing for a 5 to 4 majority, Justice Scalia found the right to bear arms to be an individual right consistent with the overriding purpose of the 2nd Amendment, ...
www.npr.org/.../debate-has-the-right-to-bear-arms-outlived-its-usefu... - Similarto Debate: Has The Right To Bear Arms Outlived Its Usefulness? : NPR
Nov 21, 2013 ... Some argue that if Americans were writing the Constitution over again in 2013, it wouldn't make sense to include the right to bear arms. A group ...
www.law.cornell.edu/constitution/second_amendment - Similarto Second Amendment - Legal Information Institute
Amendment II 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.
www2.law.ucla.edu/volokh/beararms/statecon.htm - Similarto State Constitutional Right to Keep and Bear Arms Provisions
1868: "The people shall have the right to bear arms in defence of themselves and of the lawful authority of the State." Art. I, § 22. 1885: "The right of the people to ...
https://www.ccrkba.org/ - Similarto The Common Sense Gun Lobby Citizens Committee For The Right ...
Offers books, discusses legal issues, current and proposed legislation on the right to keep and bear arms.
Second Amendment to the United States Constitution
United States of America This article is part of the series:
Preamble and Articles
of the Constitution
Amendments to the Constitution Full text of the Constitution
US Government Portal
Constitutions of states in the Union
Constitutions of other countries
U.S. Firearms Legal Topics
- Assault weapon
- Assault weapon ban
- ATF Bureau
- Brady Handgun Violence Prevention Act
- Concealed carry in the U.S.
- Connecticut Children's Safety Act
- Domestic Violence Offender Gun Ban
- Federal Assault Weapons Ban
- Federal Firearms License
- Firearm case law
- Firearm Owners Protection Act
- Gun Control Act of 1968
- Gun-Free School Zones Act (GFSZA)
- Gun laws in the U.S.—by state
- Gun laws in the U.S.—federal
- Gun politics in the U.S.
- High-capacity magazine ban
- International treaties for arms control
- National Firearms Act (NFA)
- NY SAFE Act (New York)
- Second Amendment to the Constitution
- Straw purchase
- Sullivan Act (New York)
- Violent Crime Control Act
The Second Amendment (Amendment II) to the United States Constitution protects the right of individuals to keep and bear arms. The Supreme Court of the United States has ruled that the right vests in individuals, not merely collective militias, while also ruling that the right is not unlimited and does not prohibit all regulation of either firearms or similar devices. State and local governmentsare limited to the same extent as the federal government from infringing this right per the incorporation of the Bill of Rights. The Second Amendment was adopted on December 15, 1791, as part of the first ten amendments comprising the Bill of Rights.
The Second Amendment was based partially on the right to keep and bear arms in English common-law and was influenced by the English Bill of Rights of 1689. Sir William Blackstone described this right as an auxiliary right, supporting the natural rights of self-defense, resistance to oppression, and the civic duty to act in concert in defense of the state.
In United States v. Cruikshank (1876), the Supreme Court of the United States ruled that, "The right to bear arms is not granted by the Constitution; neither is it in any manner dependent upon that instrument for its existence" and limited the applicability of the Second Amendment to the federal government. InUnited States v. Miller (1939), the Supreme Court ruled that the federal government and the states could limit any weapon types not having a “reasonable relationship to the preservation or efficiency of a well regulated militia”.
In the twenty-first century, the amendment has been subjected to renewed academic inquiry and judicial interest. In District of Columbia v. Heller (2008), the Supreme Court handed down a landmark decision, expressly holding the amendment to protect an individual right to possess and carry firearms. In McDonald v. Chicago (2010), the Court clarified its earlier decisions that limited the amendment's impact to a restriction on the federal government, expressly holding that the Fourteenth Amendment applies the Second Amendment to state and local governments to the same extent that the Second Amendment applies to the federal government. Despite these decisions, the debate between the gun control and gun rights movements and related organizations continues
There are several versions of the text of the Second Amendment, each with capitalization or punctuation differences. Differences exist between the drafted and ratified copies, the signed copies on display, and various published transcriptions. The importance (or lack thereof) of these differences has been the source of debate regarding the meaning and interpretation of the amendment, particularly regarding the importance of the prefatory clause.
One version was passed by the Congress,
As passed by the Congress and preserved in the National Archives:
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.
As ratified by the States and authenticated by Thomas Jefferson, then-Secretary of State:
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.
Influence of the English Bill of Rights of 1689
The right to bear arms in English history is believed to have been regarded in English law as an auxiliary to the long-established natural right of self-defense, auxiliary to the natural and legally defensible rights to life. The English Bill of Rights of 1689 emerged from a tempestuous period in English politics during which two issues were major sources of conflict: the authority of the King to govern without the consent of Parliament and the role of Catholics in a country that was becoming ever more Protestant. Ultimately, the Catholic James IIwas overthrown in the Glorious Revolution, and his successors, the Protestants William III and Mary II, accepted the conditions that were codified in the Bill. One of the issues the Bill resolved was the authority of the King to disarm its subjects, after James II had attempted to disarm many Protestants, and had argued with Parliament over his desire to maintain a standing (or permanent) army. The bill states that it is acting to restore "ancient rights" trampled upon by James II, though some have argued that the English Bill of Rights created a new right to have arms, which developed out of a duty to have arms. In District of Columbia v. Heller (2008), the Supreme Court did not accept this view, remarking that the English right at the time of the passing of the English Bill of Rights was "clearly an individual right, having nothing whatsoever to do with service in the militia" and that it was a right not to be disarmed by the Crown and was not the granting of a new right to have arms.
The text of the English Bill of Rights of 1689 includes language protecting the right of Protestants against disarmament by the Crown. This document states: "That the Subjects which are Protestants may have Arms for their Defence suitable to their Conditions and as allowed by Law." It also contained text that aspired to bind future Parliaments, though under English constitutional law no Parliament can bind any later Parliament. Nevertheless, the English Bill of Rights remains an important constitutional document, more for enumerating the rights of Parliament over the monarchy than for its clause concerning a right to have arms.
The statement in the English Bill of Rights concerning the right to bear arms is often quoted only in the passage where it is written as above and not in its full context. In its full context it is clear that the bill was asserting the right of Protestant citizens not to be disarmed by the King without the consent of Parliament and was merely restoring rights to Protestants that the previous King briefly and unlawfully had removed. In its full context it reads:
Whereas the late King James the Second by the Assistance of diverse evill Councellors Judges and Ministers imployed by him did endeavour to subvert and extirpate the Protestant Religion and the Lawes and Liberties of this Kingdome (list of grievances including) ... by causing severall good Subjects being Protestants to be disarmed at the same time when Papists were both Armed and Imployed contrary to Law, (Recital regarding the change of monarch) ... thereupon the said Lords Spirituall and Temporall and Commons pursuant to their respective Letters and Elections being now assembled in a full and free Representative of this Nation takeing into their most serious Consideration the best meanes for attaining the Ends aforesaid Doe in the first place (as their Auncestors in like Case have usually done) for the Vindicating and Asserting their ancient Rights and Liberties, Declare (list of rights including) ... That the Subjects which are Protestants may have Arms for their Defence suitable to their Conditions and as allowed by Law.
The historical link between the English Bill of Rights and the Second Amendment, which both codify an existing right and do not create a new one, has been acknowledged by the U.S. Supreme Court.
The English Bill of Rights includes the proviso that arms must be as "allowed by law." This has been the case before and after the passage of the Bill. While it did not override earlier restrictions on the ownership of guns for hunting, it was written to preserve the hunting rights of the landed aristocracy and is subject to the parliamentary right to implicitly or explicitly repeal earlier enactments. There is some difference of opinion as to how revolutionary the events of 1688–89 actually were, and several commentators make the point that the provisions of the English Bill of Rights did not represent new laws, but rather stated existing rights. Mark Thompson wrote that, apart from determining the succession, the English Bill of Rights did "little more than set forth certain points of existing laws and simply secured to Englishmen the rights of which they were already posessed [sic]." Before and after the English Bill of Rights, the government could always disarm any individual or class of individuals it considered dangerous to the peace of the realm. In 1765, William Blackstonewrote the Commentaries on the Laws of England describing the right to have arms in England during the 18th century as a natural right of the subject that was "also declared" in the English Bill of Rights.
The fifth and last auxiliary right of the subject, that I shall at present mention, is that of having arms for their defence, suitable to their condition and degree, and such as are allowed by law. Which is also declared by the same statute I W. & M. st.2. c.2. and is indeed a public allowance, under due restrictions, of the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression.
Although there is little doubt that the writers of the Second Amendment were heavily influenced by the English Bill of Rights, it is a matter of interpretation as to whether they were intent on preserving the power to regulate arms to the states over the federal government (as the English Parliament had reserved for itself against the monarch) or whether it was intent on creating a new right akin to the right of others written into the Constitution (as the Supreme Court decided in Heller). Some in the United States have preferred the "rights" argument arguing that the English Bill of Rights had granted a right. The need to have arms for self-defence was not really in question. Peoples all around the world since time immemorial had armed themselves for the protection of themselves and others, and as organized nations began to appear these arrangements had been extended to the protection of the state. Without a regular army and police force (which in England was not established until 1829), it had been the duty of certain men to keep watch and ward at night and to confront and capture suspicious persons. Every subject had an obligation to protect the king's peace and assist in the suppression of riots.
Experience in America prior to the U.S. Constitution
Early English settlers in America viewed the right to arms and/or the right to bear arms and/orstate militias as important for one or more of these purposes (in no particular order):
- enabling the people to organize a militia system.
- participating in law enforcement;
- deterring tyrannical government;
- repelling invasion;
- suppressing insurrection, allegedly including slave revolts;
- facilitating a natural right of self-defense.
Which of these considerations were thought of as most important and ultimately found expression in the Second Amendment is disputed. Some of these purposes were explicitly mentioned in early state constitutions; for example, the Pennsylvania Constitution of 1776 asserted that, "the people have a right to bear arms for the defence of themselves and the state".
During the 1760s pre-revolutionary period, the established colonial militia was composed of colonists, including many who were loyal to British imperial rule. As defiance and opposition to British rule developed, a distrust of these Loyalists in the militia became widespread among the colonists, known as Patriots, who favored independence from British rule. As a result, these Patriots established independent colonial legislatures to create their own militias that excluded the Loyalists and then sought to stock independent armories for their militias. In response to this arms build up, the British Parliament established an embargo on firearms, parts and ammunition on the American colonies.
British and Loyalist efforts to disarm the colonial Patriot militia armories in the early phases of the American Revolution resulted in the Patriot colonists protesting by citing the Declaration of Rights, Blackstone's summary of the Declaration of Rights, their own militia laws andcommon law rights to self-defense. While British policy in the early phases of the Revolution clearly aimed to prevent coordinated action by the Patriot militia, some have argued that there is no evidence that the British sought to restrict the traditional common law right of self-defense. Patrick J. Charles disputes these claims citing similar disarming by the patriots and challenging those scholars' interpretation of Blackstone.
The right of the colonists to arms and rebellion against oppression was asserted, for example, in a pre-revolutionary newspaper editorial in 1769 Boston objecting to the British army suppression of colonial opposition to the Townshend Acts:
Instances of the licentious and outrageous behavior of the military conservators of the peace still multiply upon us, some of which are of such nature, and have been carried to such lengths, as must serve fully to evince that a late vote of this town, calling upon its inhabitants to provide themselves with arms for their defense, was a measure as prudent as it was legal: such violences are always to be apprehended from military troops, when quartered in the body of a populous city; but more especially so, when they are led to believe that they are become necessary to awe a spirit of rebellion, injuriously said to be existing therein. It is a natural right which the people have reserved to themselves, confirmed by the Bill of Rights, to keep arms for their own defence; and as Mr. Blackstone observes, it is to be made use of when the sanctions of society and law are found insufficient to restrain the violence of oppression.
The armed forces that won the American Revolution consisted of the standing Continental Army created by the Continental Congress, together with regular French army and naval forces and various state and regional militia units. In opposition, the British forces consisted of a mixture of the standing British Army, Loyalist Militia and Hessian mercenaries. Following the Revolution, the United States was governed by the Articles of Confederation. Federalists argued that this government had an unworkable division of power between Congress and the states, which caused military weakness, as the standing army was reduced to as few as 80 men. They considered it to be bad that there was no effective federal military crackdown to an armed tax rebellion in western Massachusetts known as Shays' Rebellion. Anti-federalists on the other hand took the side of limited government and sympathized with the rebels, many of whom were former Revolutionary War soldiers. Subsequently, the Constitutional Convention proposed in 1787 to grant Congress exclusive power to raise and support a standing army and navy of unlimited size. Anti-federalists objected to the shift of power from the states to the federal government, but as adoption of the Constitution became more and more likely, they shifted their strategy to establishing a bill of rights that would put some limits on federal power.
Modern scholars Thomas B. McAffee and Michael J. Quinlan have stated that James Madison "did not invent the right to keep and bear arms when he drafted the Second Amendment; the right was pre-existing at both common law and in the early state constitutions." In contrast, historian Jack Rakove suggests that Madison's intention in framing the Second Amendment was to provide assurances to moderate Anti-Federalists that the militias would not be disarmed.
One aspect of the gun control debate is the conflict between gun control laws and the right to rebel against unjust governments. Blackstone in his Commentaries alluded to this right to rebel as the natural right of resistance and self preservation, to be used only as a last resort, exercisable when "the sanctions of society and laws are found insufficient to restrain the violence of oppression". Some believe that the framers of the Bill of Rights sought to balance not just political power, but also military power, between the people, the states and the nation, as Alexander Hamilton explained in 1788:
[I]f circumstances should at any time oblige the government to form an army of any magnitude[,] that army can never be formidable to the liberties of the people while there is a large body of citizens, little, if at all, inferior to them in discipline and the use of arms, who stand ready to defend their own rights and those of their fellow-citizens.
Some scholars have said that it is wrong to read a right of armed insurrection in the Second Amendment because clearly the founding fathers sought to place trust in the power of the ordered liberty of democratic government versus the anarchy of insurrectionists. Other scholars, such as Glenn Reynolds, contend that the framers did believe in an individual right to armed insurrection. The latter scholars cite examples, such as the Declaration of Independence (describing in 1776 "the Right of the People to...institute new Government") and the Constitution of New Hampshire (stating in 1784 that "nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind").
There was an ongoing debate in the 1780s about "the people" fighting governmental tyranny (as described by Anti-Federalists); or the risk of mob rule of "the people" (as described by the Federalists) related to the ongoing revolution in France. A widespread fear, during the debates on ratifying the Constitution, was the possibility of a military takeover of the states by the federal government, which could happen if the Congress passed laws prohibiting states from arming citizens, or prohibiting citizens from arming themselves. Though it has been argued that the states lost the power to arm their citizens when the power to arm the militia was transferred from the states to the federal government by Article I, Section 8 of the Constitution, the individual right to arm was retained and strengthened by the Militia Acts of 1792 and the similar act of 1795.
Drafting and adoption of the Constitution
In March 1785, delegates from Virginia and Maryland assembled at the Mount Vernon Conference to fashion a remedy to the inefficiencies of the Articles of Confederation. The following year, at a meeting in Annapolis, Maryland, 12 delegates from five states (New Jersey, New York, Pennsylvania, Delaware, and Virginia) met and drew up a list of problems with the current government model. At its conclusion, the delegates scheduled a follow-up meeting in Philadelphia, Pennsylvania for May 1787 to present solutions to these problems, such as the absence of:
- interstate arbitration processes to handle quarrels between states;
- sufficiently trained and armed intrastate security forces to suppress insurrection;
- a national militia to repel foreign invaders.
It quickly became apparent that the solution to all three of these problems required shifting control of the states' militias to the federal congress and giving that congress the power to raise a standing army. Article 1, Section 8 of the Constitution codified these changes by allowing the Congress to provide for the common defense and general welfare of the United States by doing the following:
- raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
- provide and maintain a navy;
- make rules for the government and regulation of the land and naval forces;
- provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
- provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress.
Some representatives mistrusted proposals to enlarge federal powers, because they were concerned about the inherent risks of centralizing power. Federalists, including James Madison, initially argued that a bill of rights was unnecessary, sufficiently confident that the federal government could never raise a standing army powerful enough to overcome a militia. Federalist Noah Webster argued that an armed populace would have no trouble resisting the potential threat to liberty of a standing army. Anti-federalists, on the other hand, advocated amending the Constitution with clearly defined and enumerated rights providing more explicit constraints on the new government. Many Anti-federalists feared the new federal government would choose to disarm state militias. Federalists countered that in listing only certain rights, unlisted rights might lose protection. The Federalists realized there was insufficient support to ratify the Constitution without a bill of rights and so they promised to support amending the Constitution to add a bill of rights following the Constitution's adoption. This compromise persuaded enough Anti-federalists to vote for the Constitution, allowing for ratification. The Constitution was declared ratified on June 21, 1788, when nine of the original thirteen states had ratified it. The remaining four states later followed suit, although the last two states, North Carolina and Rhode Island, ratified only after Congress had passed the Bill of Rights and sent it to the states for ratification. James Madison drafted what ultimately became the Bill of Rights, which was proposed by the first Congress on June 8, 1789, and was adopted on December 15, 1791.
The debate surrounding the Constitution's ratification is of practical importance, particularly to adherents of originalist and strict constructionist legal theories. In the context of such legal theories and elsewhere, it is important to understand the language of the Constitution in terms of what that language meant to the people who wrote and ratified the Constitution.
The Second Amendment was relatively uncontroversial at the time of its ratification. Robert Whitehill, a delegate from Pennsylvania, sought to clarify the draft Constitution with a bill of rights explicitly granting individuals the right to hunt on their own land in season,though Whitehill's language was never debated. Rather, the Constitutional delegates altered the language of the Second Amendment several times to emphasize the military context of the amendment and the role of the militia as a force to defend national sovereignty, quell insurrection,and protect against tyranny.
There was substantial opposition to the new Constitution, because it moved the power to arm the state militias from the states to the federal government. This created a fear that the federal government, by neglecting the upkeep of the militia, could have overwhelming military force at its disposal through its power to maintain a standing army and navy, leading to a confrontation with the states, encroaching on the states' reserved powers and even engaging in a military takeover. Article VI of the Articles of Confederation states:
- No vessel of war shall be kept up in time of peace by any State, except such number only, as shall be deemed necessary by the united States in congress assembled, for the defense of such State, or its trade; nor shall any body of forces be kept up by any State in time of peace, except such number only, as in the judgement of the united States, in congress assembled, shall be deemed requisite to garrison the forts necessary for the defense of such State; but every State shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutered, and shall provide and constantly have ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition and camp equipage.
In contrast, Article I, Section 8, Clause 16 of the U.S. Constitution states:
- To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.
A foundation of American political thought during the Revolutionary period was the well justified concern about political corruption and governmental tyranny. Even the federalists, fending off their opponents who accused them of creating an oppressive regime, were careful to acknowledge the risks of tyranny. Against that backdrop, the framers saw the personal right to bear arms as a potential check against tyranny. Theodore Sedgwick of Massachusetts expressed this sentiment by declaring that it is "a chimerical idea to suppose that a country like this could ever be enslaved . . . Is it possible . . . that an army could be raised for the purpose of enslaving themselves or their brethren? or, if raised whether they could subdue a nation of freemen, who know how to prize liberty and who have arms in their hands?" Noah Webster similarly argued:
- Before a standing army can rule the people must be disarmed; as they are in almost every kingdom in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops that can be, on any pretence, raised in the United States.
George Mason argued the importance of the militia and right to bear arms by reminding his compatriots of England's efforts "to disarm the people; that it was the best and most effectual way to enslave them . . . by totally disusing and neglecting the militia." He also clarified that under prevailing practice the militia included all people, rich and poor. "Who are the militia? They consist now of the whole people, except a few public officers." Because all were members of the militia, all enjoyed the right to individually bear arms to serve therein.
The framers thought the personal right to bear arms to be a paramount right by which other rights could be protected. Therefore, writing after the ratification of the Constitution, but before the election of the first Congress, James Monroe included "the right to keep and bear arms" in a list of basic "human rights", which he proposed to be added to the Constitution.
Patrick Henry argued in the Virginia ratification convention on June 5, 1788, for the dual rights to arms and resistance to oppression:
Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined.
While both Monroe and Adams supported the Constitution being ratified, its most influential framer was James Madison. In Federalist No. 46, he confidently contrasted the federal government of the United States to the European kingdoms, which he contemptuously described as "afraid to trust the people with arms." He assured his fellow citizens that they need never fear their government because of "the advantage of being armed...."
By January 1788, Delaware, Pennsylvania, New Jersey, Georgia and Connecticut ratified the Constitution without insisting upon amendments. Several specific amendments were proposed, but were not adopted at the time the Constitution was ratified. For example, the Pennsylvania convention debated fifteen amendments, one of which concerned the right of the people to be armed, another with the militia. The Massachusetts convention also ratified the Constitution with an attached list of proposed amendments. In the end, the ratification convention was so evenly divided between those for and against the Constitution that the federalists agreed to amendments to assure ratification. Samuel Adams proposed that the Constitution:
- Be never construed to authorize Congress to infringe the just liberty of the press, or the rights of conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms; or to raise standing armies, unless when necessary for the defence of the United States, or of some one or more of them; or to prevent the people from petitioning, in a peaceable and orderly manner, the federal legislature, for a redress of their grievances: or to subject the people to unreasonable searches and seizures.
Conflict and compromise in Congress produce the Bill of Rights
James Madison's initial proposal for a bill of rights was brought to the floor of the House of Representatives on June 8, 1789, during the first session of Congress. The initial proposed passage relating to arms was:
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 but no person religiously scrupulous of bearing arms shall be compelled to render military service in person.
On July 21, Madison again raised the issue of his bill and proposed a select committee be created to report on it. The House voted in favor of Madison's motion, and the Bill of Rights entered committee for review. The committee returned to the House a reworded version of the Second Amendment on July 28. On August 17, that version was read into the Journal:
A well regulated militia, composed of the body of the people, being the best security of a free State, the right of the people to keep and bear arms shall not be infringed; but no person religiously scrupulous shall be compelled to bear arms.
In late August 1789, the House debated and modified the Second Amendment. These debates revolved primarily around risk of "mal-administration of the government" using the "religiously scrupulous" clause to destroy the militia as Great Britain had attempted to destroy the militia at the commencement of the American Revolution. These concerns were addressed by modifying the final clause, and on August 24, the House sent the following version to the Senate:
A well regulated militia, composed of the body of the people, being the best security of a free state, the right of the people to keep and bear arms shall not be infringed; but no one religiously scrupulous of bearing arms shall be compelled to render military service in person.
The next day, August 25, the Senate received the amendment from the House and entered it into the Senate Journal. However, the Senate scribe added a comma before "shall not be infringed" and changed the semicolon separating that phrase from the religious exemption portion to a comma:
A well regulated militia, composed of the body of the people, being the best security of a free state, the right of the people to keep and bear arms, shall not be infringed, but no one religiously scrupulous of bearing arms shall be compelled to render military service in person.
By this time, the proposed right to keep and bear arms was in a separate amendment, instead of being in a single amendment together with other proposed rights such as the due process right. As a Representative explained, this change allowed each amendment to "be passed upon distinctly by the States." On September 4, the Senate voted to change the language of the Second Amendment by removing the definition of militia, and striking the conscientious objector clause:
A well regulated militia, being the best security of a free state, the right of the people to keep and bear arms, shall not be infringed.
The Senate returned to this amendment for a final time on September 9. A proposal to insert the words "for the common defence" next to the words "bear arms" was defeated. An extraneous comma added on August 25 was also removed. The Senate then slightly modified the language and voted to return the Bill of Rights to the House. The final version passed by the Senate was:
A well regulated militia being the security of a free state, the right of the people to keep and bear arms shall not be infringed.
The House voted on September 21, 1789 to accept the changes made by the Senate, but the amendment as finally entered into the House journal contained the additional words "necessary to":
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.
On December 15, 1791, the Bill of Rights (the first ten amendments to the Constitution) was adopted, having been ratified by three-fourths of the states.
Militia in the decades following ratification
During the first two decades following the ratification of the Second Amendment, public opposition to standing armies, among Anti-Federalists and Federalists alike, persisted and manifested itself locally as a general reluctance to create a professional armed police force, instead relying on county sheriffs, constables and night watchmen to enforce local ordinances.Though sometimes compensated, often these positions were unpaid—held as a matter of civic duty. In these early decades, law enforcement officers were rarely armed with firearms, using billy clubs as their sole defensive weapons. In serious emergencies, a posse comitatus, militia company, or group of vigilantes assumed law enforcement duties; these individuals were more likely than the local sheriff to be armed with firearms. On May 8, 1792, Congress passed "[a]n act more effectually to provide for the National Defence, by establishing an Uniform Militia throughout the United States" requiring:
[E]ach and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia...[and] every citizen so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch with a box therein to contain not less than twenty-four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball: or with a good rifle, knapsack, shot-pouch and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear, so armed, accoutred and provided, when called out to exercise, or into service, except, that when called out on company days to exercise only, he may appear without a knapsack.
The act also gave specific instructions to domestic weapon manufacturers "that from and after five years from the passing of this act, muskets for arming the militia as herein required, shall be of bores sufficient for balls of the eighteenth part of a pound." In practice, private acquisition and maintenance of rifles and muskets meeting specifications and readily available for militia duty proved problematic; estimates of compliance ranged from 10 to 65 percent. Compliance with the enrollment provisions was also poor. In addition to the exemptions granted by the law for custom-house officers and their clerks, post-officers and stage drivers employed in the care and conveyance of U.S. mail, ferrymen, export inspectors, pilots, merchant mariners and those deployed at sea in active service; state legislatures granted numerous exemptions under Section 2 of the Act, including exemptions for: clergy, conscientious objectors, teachers, students, and jurors. And though a number of able-bodied white men remained available for service, many simply did not show up for militia duty. Penalties for failure to appear were enforced sporadically and selectively. None are mentioned in the legislation.
The first test of the militia system occurred in July 1794, when a group of disaffected Pennsylvania farmers rebelled against federal tax collectors whom they viewed as illegitimate tools of tyrannical power.[ Attempts by the four adjoining states to raise a militia for nationalization to suppress the insurrection proved inadequate. When officials resorted to drafting men, they faced bitter resistance. Forthcoming soldiers consisted primarily of draftees or paid substitutes as well as poor enlistees lured by enlistment bonuses. The officers, however, were of a higher quality, responding out of a sense of civic duty and patriotism, and generally critical of the rank and file. Most of the 13,000 soldiers lacked the required weaponry; the war department provided nearly two-thirds of them with guns.In October, President George Washington and GeneralHarry Lee marched on the 7,000 rebels who conceded without fighting. The episode provoked criticism of the citizen militia and inspired calls for a universal militia. Secretary of War Henry Knox and President John Adams had lobbied Congress to establish federal armories to stock imported weapons and encourage domestic production. Congress did subsequently pass "[a]n act for the erecting and repairing of Arsenals and Magazines" on April 2, 1794, two months prior to the insurrection. Nevertheless, the militia continued to deteriorate and twenty years later, the militia's poor condition contributed to several losses in the War of 1812, including the sacking of Washington, D.C., and the burning of the White House in 1814.
In 1792, Tench Coxe made the following point in a commentary on the Second Amendment:
As civil rulers, not having their duty to the people duly before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the next article in their right to keep and bear their private arms.
The earliest published commentary on the Second Amendment by a major constitutional theorist was by St. George Tucker. He annotated a five-volume edition of Sir William Blackstone's Commentaries on the Laws of England, a critical legal reference for early American attorneys published in 1803. Tucker wrote:
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. Amendments to C. U. S. Art. 4. This may be considered as the true palladium of liberty.... The right of self defence is the ﬁrst law of nature: in most governments it has been the study of rulers to conﬁne this right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any colour or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction. In England, the people have been disarmed, generally, under the specious pretext of preserving the game : a never failing lure to bring over the landed aristocracy to support any measure, under that mask, though calculated for very different purposes. True it is, their bill of rights seems at ﬁrst view to counteract this policy: but the right of bearing arms is conﬁned to protestants, and the words suitable to their condition and degree, have been interpreted to authorise the prohibition of keeping a gun or other engine for the destruction of game, to any farmer, or inferior tradesman, or other person not qualiﬁed to kill game. So that not one man in ﬁve hundred can keep a gun in his house without being subject to a penalty.
In footnotes 40 and 41 of the Commentaries, Tucker stated that the right to bear arms under the Second Amendment was not subject to the restrictions that were part of English law: "The right of the people to keep and bear arms shall not be infringed. Amendments to C. U. S. Art. 4, and this without any qualification as to their condition or degree, as is the case in the British government" and "whoever examines the forest, and game laws in the British code, will readily perceive that the right of keeping arms is effectually taken away from the people of England." Blackstone himself also commented on English game laws, Vol. II, p. 412, "that the prevention of popular insurrections and resistance to government by disarming the bulk of the people, is a reason oftener meant than avowed by the makers of the forest and game laws."Blackstone discussed the right of self-defense in a separate section of his treatise on the common law of crimes. Tucker's annotations for that latter section did not mention the Second Amendment but cited the standard works of English jurists such as Hawkins.
Further, Tucker criticized the English Bill of Rights for limiting gun ownership to the very wealthy, leaving the populace effectively disarmed, and expressed the hope that Americans "never cease to regard the right of keeping and bearing arms as the surest pledge of their liberty."
Tucker's commentary was soon followed, in 1825, by that of William Rawle in his landmark text, A View of the Constitution of the United States of America. Like Tucker, Rawle condemned England's "arbitrary code for the preservation of game," portraying that country as one that "boasts so much of its freedom," yet provides a right to "protestant subjects only" that it "cautiously describ[es] to be that of bearing arms for their defence" and reserves for "[a] very small proportion of the people[.]"In contrast, Rawle characterizes the second clause of the Second Amendment, which he calls the corollary clause, as a general prohibition against such capricious abuse of government power, declaring bluntly:
No clause could by any rule of construction be conceived to give to congress a power to disarm the people. Such a flagitious attempt could only be made under some general pretence by a state legislature. But if in any blind pursuit of inordinate power, either should attempt it, this amendment may be appealed to as a restraint on both.
Speaking of the Second Amendment generally, Rawle said:
The prohibition is general. No clause in the Constitution could by any rule of construction be conceived to give to congress a power to disarm the people. Such a flagitious attempt could only be made under some general pretence by a state legislature. But if in any blind pursuit of inordinate power, either should attempt it, this amendment may be appealed to as a restraint on both.
Rawle, long before the concept of incorporation was formally recognized by the courts, or Congress drafted the Fourteenth Amendment, contended that citizens could appeal to the Second Amendment should either the state or federal government attempt to disarm them. He did warn, however, that "this right [to bear arms] ought not...be abused to the disturbance of the public peace" and observed, paraphrasing Coke, that "[a]n assemblage of persons with arms, for unlawful purpose, is an indictable offence, and even the carrying of arms abroad by a single individual, attended with circumstances giving just reason to fear that he purposes to make an unlawful use of them, would be sufficient cause to require him to give surety of the peace."
Joseph Story articulated in his influential Commentaries on the Constitution the orthodox view of the Second Amendment, which he viewed as the amendment's clear meaning:
The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpations and arbitrary power of rulers; and it will generally, even if these are successful in the first instance, enable the people to resist and triumph over them. And yet, though this truth would seem so clear, and the importance of a well-regulated militia would seem so undeniable, it cannot be disguised, that among the American people there is a growing indifference to any system of militia discipline, and a strong disposition, from a sense of its burdens, to be rid of all regulations. How it is practicable to keep the people duly armed without some organization, it is difficult to see. There is certainly no small danger, that indifference may lead to disgust, and disgust to contempt; and thus gradually undermine all the protection intended by this clause of our National Bill of Rights.
Story describes a militia as the "natural defence of a free country," both against foreign foes, domestic revolts and usurpation by rulers. The book regards the militia as a "moral check" against both usurpation and the arbitrary use of power, while expressing distress at the growing indifference of the American people to maintaining such an organized militia, which could lead to the undermining of the protection of the Second Amendment.
Abolitionist Lysander Spooner, commenting on bills of rights, stated that the object of all bills of rights is to assert the rights of individuals against the government and that the Second Amendment right to keep and bear arms was in support of the right to resist government oppression, as the only security against the tyranny of government lies in forcible resistance to injustice, for injustice will certainly be executed, unless forcibly resisted. Spooner's theory provided the intellectual foundation for John Brown and other radical abolitionists who believed that arming slaves was not only morally justified, but entirely consistent with the Second Amendment. An express connection between this right and the Second Amendment was drawn by Lysander Spooner who commented that a "right of resistance" is protected by both the right to trial by jury and the Second Amendment.
In 1867, Judge Timothy Farrar published his Manual of the Constitution of the United States of America, which was written when the Fourteenth Amendment was “in the process of adoption by the State legislatures.”:
The States are recognized as governments, and, when their own constitutions permit, may do as they please; provided they do not interfere with the Constitution and laws of the United States, or with the civil or natural rights of the people recognized thereby, and held in conformity to them. The right of every person to "life, liberty, and property," to "keep and bear arms," to the "writ of habeas corpus" to "trial by jury," and divers others, are recognized by, and held under, the Constitution of the United States, and cannot be infringed by individuals or or even by the government itself.
Judge Thomas Cooley
Judge Thomas Cooley, perhaps the most widely read constitutional scholar of the nineteenth century, wrote extensively about this amendment, and he explained in 1880 how the Second Amendment protected the "right of the people":
It might be supposed from the phraseology of this provision that the right to keep and bear arms was only guaranteed to the militia; but this would be an interpretation not warranted by the intent. The militia, as has been elsewhere explained, consists of those persons who, under the law, are liable to the performance of military duty, and are officered and enrolled for service when called upon. But the law may make provision for the enrolment of all who are fit to perform military duty, or of a small number only, or it may wholly omit to make any provision at all; and if the right were limited to those enrolled, the purpose of this guaranty might be defeated altogether by the action or neglect to act of the government it was meant to hold in check. The meaning of the provision undoubtedly is, that the people, from whom the militia must be taken, shall have the right to keep and bear arms; and they need no permission or regulation of law for the purpose.
Late 20th century commentary
In the latter half of the 20th century there was considerable debate over whether the Second Amendment protected an individual right or a collective right. The debate centered on whether the prefatory clause (“A well regulated militia being necessary to the security of a free State”) declared the amendment’s only purpose or merely announced a purpose to introduce the operative clause (“the right of the People to keep and bear arms shall not be infringed”).
Three basic competing models were offered to interpret the Second Amendment:
The first, known as the "states' rights" or "collective right" model, holds that the Second Amendment does not apply to individuals; rather, it recognizes the right of each state to arm its militia.
Judicial reluctance to consider seriously whether the Fourteenth Amendment protects the right to keep and bear arms from state infringement perhaps reflects a tendency to view the Second Amendment, with its apparent guarantee of gun ownership, as embarrassing and politically incorrect. Under the twentieth-century “State’s rights” view, “the people” have no right to keep or bear arms, but the states have a collective right to have the National Guard.
The second, known as the "sophisticated collective right model", holds that the Second Amendment recognizes some limited individual right. However, this individual right could only be exercised by actively participating members of a functioning, organized state militia.
Indeed, the fact that the collective right theory was once so confidently advanced by gun control enthusiasts is on its way down the collective memory hole as though it had never been asserted. With its demise, the intellectual debate over the original meaning of the second Amendment has turned in a different direction. Although now conceding that the right to keep and bear arms indeed belongs to individuals rather than to states, almost without missing a beat, gun control enthusiasts now claim with equal assurance that the individual right to bear arms was somehow "conditioned" in its exercise on participation in an organized militia.
The third, known as the "standard model", is that the Second Amendment recognized the personal right of individuals to keep and bear arms.
However, the weight of serious scholarship supports the historical intent of the Second Amendment to protect individual rights and to deter governmental tyranny. From the Federalist Papers to explanations when the Bill of Rights was introduced, it is clear that the purpose of the Second Amendment was to protect individual rights.
Under both of the collective right models, the opening phrase was considered essential as a pre-condition for the main clause.These interpretations held that this was a grammar structure that was common during that era and that this grammar dictated that the Second Amendment protected a collective right to firearms to the extent necessary for militia duty.
Under the standard model, the opening phrase is believed to be prefatory or amplifying to the operative clause. The opening phrase was meant as a non-exclusive example—one of many reasons for the amendment. This interpretation is consistent with the position that the Second Amendment protects a modified individual right.
The question of a collective right versus an individual right was progressively resolved with the Fifth Circuit ruling in United States v. Emerson (2001), along with the Supreme Court's rulings in District of Columbia v. Heller (2008), and McDonald v. Chicago (2010). These rulings upheld the individual rights model when interpreting the Second Amendment. In Heller, the Supreme Court ruled that the Second Amendment protects an individual right. Although the Second Amendment is the only Constitutional amendment with a prefatory clause, such constructions were widely used elsewhere.
Meaning of "well regulated militia"
The term "regulated" means "disciplined" or "trained". In Heller, the U.S. Supreme Court stated that "[t]he adjective 'well-regulated' implies nothing more than the imposition of proper discipline and training."
In the year prior to the drafting of the Second Amendment, in Federalist No. 29 Alexander Hamilton wrote the following about "organizing", "disciplining", "arming", and "training" of the militia as specified in the enumerated powers:
If a well regulated militia be the most natural defence of a free country, it ought certainly to be under the regulation and at the disposal of that body which is constituted the guardian of the national security...confiding the regulation of the militia to the direction of the national authority...[but] reserving to the states...the authority of training the militia....A tolerable expertness in military movements is a business that requires time and practice. It is not a day, or even a week, that will suffice for the attainment of it. To oblige the great body of the yeomanry, and of the other classes of the citizens, to be under arms for the purpose of going through military exercises and evolutions, as often as might be necessary to acquire the degree of perfection which would entitle them to the character of a well-regulated militia, would be a real grievance to the people, and a serious public inconvenience and loss.... Little more can reasonably be aimed at, with respect to the People at large, than to have them properly armed and equipped; and in order to see that this be not neglected, it will be necessary to assemble them once or twice in the course of a year.
Justice Scalia, writing for the Court in Heller : "In Nunn v. State, 1 Ga. 243, 251 (1846), the Georgia Supreme Court construed the Second Amendment as protecting the 'natural right of self-defence' and therefore struck down a ban on carrying pistols openly. Its opinion perfectly captured the way in which the operative clause of the Second Amendment furthers the purpose announced in the prefatory clause, in continuity with the English right":
Nor is the right involved in this discussion less comprehensive or valuable: "The right of the people to bear arms shall not be infringed." The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State. Our opinion is, that any law, State or Federal, is repugnant to the Constitution, and void, which contravenes this right, originally belonging to our forefathers, trampled under foot by Charles I. and his two wicked sons and successors, reestablished by the revolution of 1688, conveyed to this land of liberty by the colonists, and finally incorporated conspicuously in our own Magna Charta! And Lexington, Concord, Camden, River Raisin, Sandusky, and the laurel-crowned field of New Orleans, plead eloquently for this interpretation! And the acquisition of Texas may be considered the full fruits of this great constitutional right.
Justice Stevens in dissent:
When each word in the text is given full effect, the Amendment is most naturally read to secure to the people a right to use and possess arms in conjunction with service in a well-regulated militia. So far as appears, no more than that was contemplated by its drafters or is encompassed within its terms. Even if the meaning of the text were genuinely susceptible to more than one interpretation, the burden would remain on those advocating a departure from the purpose identified in the preamble and from settled law to come forward with persuasive new arguments or evidence. The textual analysis offered by respondent and embraced by the Court falls far short of sustaining that heavy burden. And the Court’s emphatic reliance on the claim “that the Second Amendment … codified a pre-existing right,” ante, at 19 [refers to page 19 of the opinion], is of course beside the point because the right to keep and bear arms for service in a state militia was also a pre-existing right.
Meaning of "the right of the People"
Justice Antonin Scalia, writing for the majority in Heller, stated:
Nowhere else in the Constitution does a “right” attributed to “the people” refer to anything other than an individual right. What is more, in all six other provisions of the Constitution that mention “the people,” the term unambiguously refers to all members of the political community, not an unspecified subset. This contrasts markedly with the phrase “the militia” in the prefatory clause. As we will describe below, the “militia” in colonial America consisted of a subset of “the people”— those who were male, able bodied, and within a certain age range. Reading the Second Amendment as protecting only the right to “keep and bear Arms” in an organized militia therefore fits poorly with the operative clause’s description of the holder of that right as “the people”.
An earlier case, United States v. Verdugo-Urquidez (1990), dealt with nonresident aliens and the Fourth Amendment, but led to a discussion of who are "the People" when referred to elsewhere in the Constitution:
The Second Amendment protects "the right of the people to keep and bear Arms," and the Ninth and Tenth Amendments provide that certain rights and powers are retained by and reserved to "the people." ... While this textual exegesis is by no means conclusive, it suggests that "the people" protected by the Fourth Amendment, and by the First and Second Amendments, and to whom rights and powers are reserved in the Ninth and Tenth Amendments, refers to a class of persons who are part of a national community or who have otherwise developed sufficient connection with this country to be considered part of that community.
There were several different reasons for this amendment, and protecting militias was only one of them; if protecting militias had been the only reason then the amendment could have instead referred to “the right of the militia to keep and bear arms” instead of “the right of thepeople to keep and bear arms”.
Meaning of "keep and bear arms"
In Heller the majority rejected the view that the term "to bear arms" implies only the military use of arms:
Before addressing the verbs “keep” and “bear,” we interpret their object: “Arms.” The term was applied, then as now, to weapons that were not specifically designed for military use and were not employed in a military capacity. Thus, the most natural reading of “keep Arms” in the Second Amendment is to “have weapons.” At the time of the founding, as now, to “bear” meant to “carry.” In numerous instances, “bear arms” was unambiguously used to refer to the carrying of weapons outside of an organized militia. Nine state constitutional provisions written in the 18th century or the first two decades of the 19th, which enshrined a right of citizens “bear arms in defense of themselves and the state” again, in the most analogous linguistic context—that “bear arms” was not limited to the carrying of arms in a militia. The phrase “bear Arms” also had at the time of the founding an idiomatic meaning that was significantly different from its natural meaning: “to serve as a soldier, do military service, fight” or “to wage war.” But it unequivocally bore that idiomatic meaning only when followed by the preposition “against,”. Every example given by petitioners’ amici for the idiomatic meaning of “bear arms” from the founding period either includes the preposition “against” or is not clearly idiomatic. In any event, the meaning of “bear arms” that petitioners and Justice Stevens propose is not even the (sometimes) idiomatic meaning. Rather, they manufacture a hybrid definition, whereby “bear arms” connotes the actual carrying of arms (and therefore is not really an idiom) but only in the service of an organized militia. No dictionary has ever adopted that definition, and we have been apprised of no source that indicates that it carried that meaning at the time of the founding. Worse still, the phrase “keep and bear Arms” would be incoherent. The word “Arms” would have two different meanings at once: “weapons” (as the object of “keep”) and (as the object of “bear”) one-half of an idiom. It would be rather like saying “He filled and kicked the bucket” to mean “He filled the bucket and died.”
The Amendment's text does justify a different limitation: the "right to keep and bear arms" protects only a right to possess and use firearms in connection with service in a state-organized militia. Had the Framers wished to expand the meaning of the phrase "bear arms" to encompass civilian possession and use, they could have done so by the addition of phrases such as "for the defense of themselves".
Supreme Court cases
In the century following the ratification of the Bill of Rights, the intended meaning and application of the Second Amendment drew less interest than it does in modern times. The vast majority of regulation was done by states, and the first case law on weapons regulation dealt with state interpretations of the Second Amendment. A notable exception to this general rule was Houston v. Moore, 18 U.S. 1 (1820), where the U.S. Supreme Court mentioned the Second Amendment in an aside. In the Dred Scott decision, the opinion of the court stated that if African Americanswere considered U.S. citizens, "It would give to persons of the negro race, who were recognised as citizens in any one State of the Union, the right...to keep and carry arms wherever they went."
State and federal courts historically have used two models to interpret the Second Amendment: the "individual rights" model, which holds that individuals hold the right to bear arms, and the "collective rights" model, which holds that the right is dependent on militia membership. The "collective rights" model has been rejected by the Supreme Court, in favor of the individual rights model.
Heller and McDonald supported the individual rights model, under which the Second Amendment protects the right to keep and bear arms much as the First Amendment protects the right to free speech. Under this model, the militia is composed of members who supply their own arms and ammunition. This is generally recognized as the method by which militias have historically been armed, as the Supreme Court in Miller said:
The signification attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators. These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense. 'A body of citizens enrolled for military discipline.' And further, that ordinarily when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time.
Of the collective rights model that holds that the right to arms is based on militia membership, the Supreme Court in Heller said:
A purposive qualifying phrase that contradicts the word or phrase it modifies is unknown this side of the looking glass (except, apparently, in some courses on Linguistics). If “bear arms” means, as we think, simply the carrying of arms, a modifier can limit the purpose of the carriage (“for the purpose of self-defense” or “to make war against the King”). But if “bear arms” means, as the petitioners and the dissent think, the carrying of arms only for military purposes, one simply cannot add “for the purpose of killing game.” The right “to carry arms in the militia for the purpose of killing game” is worthy of the mad hatter.
United States v. Cruikshank
In the Reconstruction Era case of United States v. Cruikshank, 92 U.S. 542 (1875), the defendants were white men who had killed more than sixty black people in what was known as the Colfax massacre and had been charged with conspiring to prevent blacks from exercising their right to bear arms. The Court dismissed the charges, holding that the Bill of Rights restricted Congress but not private individuals. The Court concluded, "[f]or their protection in its enjoyment, the people must look to the States."
The Court stated that "[t]he Second Amendment...has no other effect than to restrict the powers of the national government...."Likewise, the Court held that there was no state action in this case, and therefore the Fourteenth Amendment was not applicable:
The fourteenth amendment prohibits a State from depriving any person of life, liberty, or property, without due process of law; but this adds nothing to the rights of one citizen as against another.
Presser v. Illinois
In Presser v. Illinois, 116 U.S. 252 (1886), Herman Presser headed a German-American paramilitary shooting organization and was arrested for leading a parade group of 400 men, training and drilling with military weapons with the declared intention to fight, through the streets of Chicago as a violation of Illinois law that prohibited public drilling and parading in military style without a permit from the governor.
At his trial, Presser argued that the State of Illinois had violated his Second Amendment rights. The Supreme Court reaffirmed Cruikshank, and also held that the Second Amendment prevented neither the States nor Congress from barring private militias that parade with arms; such a right "cannot be claimed as a right independent of law." This decision upheld the States' authority to regulate the militia and that citizens had no right to create their own militias or to own weapons for semi-military purposes. However the court said: "A state cannot prohibit the people therein from keeping and bearing arms to an extent that would deprive the United States of the protection afforded by them as a reserve military force."
Miller v. Texas
In Miller v. Texas, 153 U.S. 535 (1894), Franklin Miller was convicted and sentenced to be executed for shooting a police officer to death with an illegally carried handgun in violation of Texas law. Miller sought to have his conviction overturned, claiming his Second Amendment rights were violated and that the Bill of Rights should be applied to state law. The Supreme Court ruled that the Second Amendment did not apply to state laws such as the Texas law: "As the proceedings were conducted under the ordinary forms of criminal prosecutions there certainly was no denial of due process of law."
Robertson v. Baldwin
In Robertson v. Baldwin, 165 U.S. 275 (1897), the Court stated in dicta that laws regulating concealed arms did not infringe upon the right to keep and bear arms and thus were not a violation of the Second Amendment:
The law is perfectly well settled that the first ten amendments to the Constitution, commonly known as the "Bill of Rights," were not intended to lay down any novel principles of government, but simply to embody certain guaranties and immunities which we had inherited from our English ancestors, and which had, from time immemorial, been subject to certain well recognized exceptions arising from the necessities of the case. In incorporating these principles into the fundamental law, there was no intention of disregarding the exceptions, which continued to be recognized as if they had been formally expressed. Thus, the freedom of speech and of the press (Art. I) does not permit the publication of libels, blasphemous or indecent articles, or other publications injurious to public morals or private reputation; the right of the people to keep and bear arms (Art. II) is not infringed by laws prohibiting the carrying of concealed weapons.
United States v. Miller
In United States v. Miller, 307 U.S. 174 (1939), the Supreme Court rejected a Second Amendment challenge to the National Firearms Act prohibiting the interstate transportation of unregistered Title II weapons:
Jack Miller and Frank Layton "did unlawfully...transport in interstate commerce from...Claremore...Oklahoma to...Siloam Springs...Arkansas a certain firearm...a double barrel...shotgun having a barrel less than 18 inches in length...at the time of so transporting said firearm in interstate commerce...not having registered said firearm as required by Section 1132d of Title 26, United States Code, ...and not having in their possession a stamp-affixed written order...as provided by Section 1132C..."
In a unanimous opinion authored by Justice McReynolds, the Supreme Court stated "the objection that the Act usurps police power reserved to the States is plainly untenable." As the Court explained:
In the absence of any evidence tending to show that possession or use of a 'shotgun having a barrel of less than eighteen inches in length' at this time has some reasonable relationship to any preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment or that its use could contribute to the common defense.
Gun rights advocates claim that the Court in Miller ruled that the Second Amendment protected the right to keep arms that are part of "ordinary military equipment." They also claim that the Court did not consider the question of whether the sawed-off shotgun in the case would be an applicable weapon for personal defense, instead looking solely at the weapon's suitability for the "common defense."Law professor Andrew McClurg states, "The only certainty about Miller is that it failed to give either side a clear-cut victory. Most modern scholars recognize this fact."
District of Columbia v. Heller
According to the syllabus prepared by the U.S. Supreme Court Reporter of Decisions, in District of Columbia v. Heller, 554 U.S. 570 (2008), the Supreme Court held:
- 1. The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. Pp. 2–53.
- (a) The Amendment’s prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. The operative clause’s text and history demonstrate that it connotes an individual right to keep and bear arms. Pp. 2–22.
- (b) The prefatory clause comports with the Court’s interpretation of the operative clause. The “militia” comprised all males physically capable of acting in concert for the common defense. The Antifederalists feared that the Federal Government would disarm the people in order to disable this citizens’ militia, enabling a politicized standing army or a select militia to rule. The response was to deny Congress power to abridge the ancient right of individuals to keep and bear arms, so that the ideal of a citizens’ militia would be preserved. Pp. 22–28.
- (c) The Court’s interpretation is confirmed by analogous arms-bearing rights in state constitutions that preceded and immediately followed the Second Amendment. Pp. 28–30
- (d) The Second Amendment’s drafting history, while of dubious interpretive worth, reveals three state Second Amendment proposals that unequivocally referred to an individual right to bear arms. Pp. 30–32.
- (e) Interpretation of the Second Amendment by scholars, courts and legislators, from immediately after its ratification through the late 19th century also supports the Court’s conclusion. Pp. 32–47.
- (f) None of the Court’s precedents forecloses the Court’s interpretation. Neither United States v. Cruikshank, 92 U. S. 542 , norPresser v. Illinois, 116 U. S. 252, refutes the individual-rights interpretation. United States v. Miller, 307 U. S. 174, does not limit the right to keep and bear arms to militia purposes, but rather limits the type of weapon to which the right applies to those used by the militia, i.e., those in common use for lawful purposes. Pp. 47–54.
- 2. Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. Miller's holding that the sorts of weapons protected are those "in common use at the time" finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons. Pp. 54–56.
- 3. The handgun ban and the trigger-lock requirement (as applied to self-defense) violate the Second Amendment. The District’s total ban on handgun possession in the home amounts to a prohibition on an entire class of "arms" that Americans overwhelmingly choose for the lawful purpose of self-defense. Under any of the standards of scrutiny the Court has applied to enumerated constitutional rights, this prohibition—in the place where the importance of the lawful defense of self, family, and property is most acute—would fail constitutional muster. Similarly, the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is hence unconstitutional. Because Heller conceded at oral argument that the D. C. licensing law is permissible if it is not enforced arbitrarily and capriciously, the Court assumes that a license will satisfy his prayer for relief and does not address the licensing requirement. Assuming he is not disqualified from exercising Second Amendment rights, the District must permit Heller to register his handgun and must issue him a license to carry it in the home. Pp. 56–64.
There are similar legal summaries of the Supreme Court's findings in Heller.
Notes and analysis
Heller has been widely described as a landmark decision.To clarify that its ruling does not invalidate a broad range of existing firearm laws, the majority opinion, written by Justice Antonin Scalia, said:
Like most rights, the right secured by the Second Amendment is not unlimited....Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.
The Court's statement that the right is limited has been widely discussed by lower courts and the media. The majority opinion also said that the amendment's prefatory clause (referencing the "militia") serves to clarify the operative clause (referencing "the people"), but does not limit the scope of the operative clause, because "the 'militia' in colonial America consisted of a subset of 'the people'...."
Justice Stevens' dissenting opinion, which was joined by the three other dissenters, said:
The question presented by this case is not whether the Second Amendment protects a "collective right" or an "individual right." Surely it protects a right that can be enforced by individuals. But a conclusion that the Second Amendment protects an individual right does not tell us anything about the scope of that right.
This dissent called the majority opinion "strained and unpersuasive" and said that the right to possess a firearm exists only in relation to the militia and that the D.C. laws constitute permissible regulation. In the majority opinion, Justice Stevens' interpretation of the phrase "to keep and bear arms" was referred to as a "hybrid" definition that Stevens purportedly chose in order to avoid an "incoherent" and "[g]rotesque" idiomatic meeting.
Justice Breyer, in his own dissent joined by Stevens, Souter, and Ginsburg, stated that the entire Court subscribes to the proposition that "the amendment protects an 'individual' right—i.e., one that is separately possessed, and may be separately enforced, by each person on whom it is conferred".
Regarding the term "well regulated", the majority opinion said, "The adjective 'well-regulated' implies nothing more than the imposition of proper discipline and training." The majority opinion quoted Spooner from The Unconstitutionality of Slavery as saying that the right to bear arms was necessary for those who wanted to take a stand against slavery. The majority opinion also stated that:
A purposive qualifying phrase that contradicts the word or phrase it modifies is unknown this side of the looking glass (except, apparently, in some courses on Linguistics). If "bear arms" means, as we think, simply the carrying of arms, a modifier can limit the purpose of the carriage ("for the purpose of self-defense" or "to make war against the King"). But if "bear arms" means, as the petitioners and the dissent think, the carrying of arms only for military purposes, one simply cannot add "for the purpose of killing game." The right "to carry arms in the militia for the purpose of killing game" is worthy of the mad hatter.
The dissenting justices were not persuaded by this argument.
Reaction to Heller has varied, with many sources giving focus to the ruling referring to itself as being the first in Supreme Court history to read the Second Amendment as protecting an individual right. The majority opinion, authored by Justice Scalia, gives explanation of the majority legal reasoning behind this decision. The majority opinion made clear that the recent ruling did not foreclose the Court’s prior interpretations given in United States v. Cruikshank, Presser v. Illinois, and United States v. Miller though these earlier rulings did not limit the right to keep and bear arms solely to militia purposes, but rather limits the type of weapon to which the right applies to those used by the militia (i.e., those in common use for lawful purposes).
Heller pertained to three District of Columbia ordinances involving restrictions on firearms amounting to a total ban. These three ordinances were a ban on handgun registration, a requirement that all firearms in a home be either disassembled or have a trigger lock, and licensing requirement that prohibits carrying an unlicensed firearm in the home, such as from one room to another.
Under any of the standards of scrutiny the Court has applied to enumerated constitutional rights, this prohibition—in the place where the importance of the lawful defense of self, family, and property is most acute—would fail constitutional muster.... Because Heller conceded at oral argument that the District's licensing law is permissible if it is not enforced arbitrarily and capriciously, the Court assumed that a license will satisfy his prayer for relief and did not address the licensing requirement. Assuming he is not disqualified from exercising Second Amendment rights, the District must permit Heller to register his handgun and must issue him a license to carry it in the home."
McDonald v. Chicago
On June 28, 2010, the Court in McDonald v. Chicago, 561 U.S. 3025 (2010) held that the Second Amendment was incorporated. This means that the Court ruled that the Second Amendment limits state and local governments to the same extent that it limits the federal government. It also remanded a case regarding a Chicago handgun prohibition. Four of the five Justices in the majority voted to do so by way of the Due Process Clause of the Fourteenth Amendment, while the fifth Justice, Clarence Thomas, voted to do so through the amendment's Privileges or Immunities Clause.
Justice Thomas noted that the Privileges or Immunities Clause refers to "citizens" whereas the Due Process Clause refers more broadly to any "person", and therefore Thomas reserved the issue of non-citizens for later decision. After McDonald, many questions about the Second Amendment remain unsettled, such as whether non-citizens are protected through the Equal Protection Clause.
United States Courts of Appeals decisions before and after Heller
Until District of Columbia v. Heller (2008), United States v. Miller (1939) had been the only Supreme Court decision that "tested a congressional enactment against [the Second Amendment]."Miller did not directly mention either a collective or individual right, but for the 62-year period from Miller until the Fifth Circuit's decision in United States v. Emerson (2001), federal courts recognized only the collective right, with "courts increasingly referring to one another's holdings...without engaging in any appreciably substantive legal analysis of the issue".
Emerson changed this by addressing the question in depth, with the Fifth Circuit determining that the Second Amendment protects an individual right. Subsequently, the Ninth Circuit conflicted with Emerson in Silviera v. Lockyer, and the D.C. Circuit supported Emersonin Parker v. District of Columbia. Parker evolved into District of Columbia v. Heller, in which the U.S. Supreme Court determined that the Second Amendment protects an individual right.
Since Heller, the United States courts of appeals have ruled on many Second Amendment challenges to convictions and gun control laws. The following are post-Heller cases, divided by Circuit, along with summary notes:
- Heller v. District of Columbia, Civil Action No. 08-1289 (RMU), No. 23., 25 On March 26, 2010, the D.C. Circuit denied the follow up appeal of Dick Heller who requested the court to overturn the new District of Columbia gun control ordinances newly enacted after the 2008 Heller ruling. The court refused to do so, stating that the firearms registration procedures; the prohibition on assault weapons; and the prohibition on large capacity ammunition feeding devices were found to not violate the Second Amendment.
- United States v. Rene E., 583 F.3d 8 (1st Cir. 2009) – On August 31, 2009, the First Circuit affirmed the conviction of a juvenile for the illegal possession of a handgun as a juvenile, under 18 U.S.C. § 922(x)(2)(A) and 18 U.S.C. § 5032, rejecting the defendant's argument that the federal law violated his Second Amendment rights under Heller. The court cited "the existence of a longstanding tradition of prohibiting juveniles from both receiving and possessing handguns" and observed "the federal ban on juvenile possession of handguns is part of a longstanding practice of prohibiting certain classes of individuals from possessing firearms — those whose possession poses a particular danger to the public."
- Kachalsky v. County of Westchester, 11-3942 – On November 28, 2012, the Second Circuit upheld New York's may-issue concealed carry permit law, ruling that "the proper cause requirement is substantially related to New York's compelling interests in public safety and crime prevention."
- United States v. Hall, 551 F.3d 257 (4th Cir. 2009) – On August 4, 2008, the Fourth Circuit upheld as constitutional the prohibition of possession of a concealed weapon without a permit.
- United States v. Chester, 628 F.3d 673 (4th Cir. 2010) – On December 30, 2010, the Fourth Circuit vacated William Chester's conviction for possession of a firearm after having been convicted of a misdemeanor crime of domestic violence, in violation of 18 U.S.C. § 922(g)(9). The court found that the district court erred in perfunctorily relying on Heller's exception for "presumptively lawful" gun regulations made in accordance with "longstanding prohibitions".
- United States v. Dorosan, 350 Fed. Appx. 874 (5th Cir. 2009) – On June 30, 2008, the Fifth Circuit upheld 39 C.F.R. 232.1(l), which bans weapons on postal property, sustaining restrictions on guns outside the home, specifically in private vehicles parked in employee parking lots of government facilities, despite Second Amendment claims that were dismissed. The employee's Second Amendment rights were not infringed since the employee could have instead parked across the street in a public parking lot, instead of on government property.
- United States v. Bledsoe, 334 Fed. Appx. 771 (5th Cir. 2009) – The Fifth Circuit affirmed the decision of a U.S. District Court decision in Texas, upholding 18 U.S.C. § 922(a)(6), which prohibits "straw purchases." A "straw purchase" occurs when someone eligible to purchase a firearm buys one for an ineligible person. Additionally, the court rejected the request for a strict scrutiny standard of review.
- United States v. Scroggins, 551 F.3d 257 (5th Cir. 2010) – On March 4, 2010, the Fifth Circuit affirmed the conviction of Ernie Scroggins for possession of a firearm as a convicted felon, in violation of 18 U.S.C. § 922(g)(1). The court noted that it had, prior toHeller, identified the Second Amendment as providing an individual right to bear arms, and had already, likewise, determined that restrictions on felon ownership of firearms did not violate this right. Moreover, it observed that Heller did not affect the longstanding prohibition of firearm possession by felons.
- United States v. Skoien, 587 F.3d 803 (7th Cir. 2009) – Steven Skoien, a Wisconsin man convicted of two misdemeanor domestic violence convictions, appealed his conviction based on the argument that the prohibition violated the individual rights to bear arms, as described in Heller. After initial favorable rulings in lower court based on a standard of intermediate scrutiny, on July 13, 2010, theSeventh Circuit, sitting en banc, ruled 10–1 against Skoien and reinstated his conviction for a gun violation, citing the strong relation between the law in question and the government objective. Skoien was convicted and sentenced to two years in prison for the gun violation, and will thus likely be subject to a lifetime ban on gun ownership. Editorials favoring gun rights sharply criticized this ruling as going too far with the enactment of a lifetime gun ban, while editorials favoring gun regulations praised the ruling as "a bucket of cold water thrown on the 'gun rights' celebration".
- Moore v. Madigan (Circuit docket 12-1269) – On December 11, 2012, the Seventh Circuit ruled that the Second Amendment protected a right to keep and bear arms in public for self-defense. This was an expansion of the Supreme Court's decisions in Hellerand McDonald, each of which referred only to such a right in the home. Based on this ruling, the court declared Illinois's ban on theconcealed carrying of firearms to be unconstitutional. The court stayed this ruling for 180 days, so Illinois could enact replacement legislation. On February 22, 2013, a petition for rehearing en banc was denied by a vote of 5-4. On July 9, 2013, theIllinois General Assembly, overriding Governor Quinn's veto, passed a law permitting the concealed carrying of firearms.
- Nordyke v. King, 2012 WL 1959239 (9th Cir. 2012) – On July 29, 2009, the Ninth Circuit vacated an April 20 panel decision and reheard the case en banc on September 24, 2009. The April 20 decision had held that the Second Amendment applies to state and local governments, while also upholding an Alameda County, California ordinance that makes it a crime to bring a gun or ammunition on to, or possess either while on, county property. The en banc panel remanded the case to the three-judge panel. On May 2, 2011, that panel ruled that intermediate scrutiny was the correct standard by which to judge the ordinance's constitutionality and remanded the case to the United States District Court for the Northern District of California. On November 28, 2011, the Ninth Circuit vacated the panel's May 2 decision and agreed to rehear the case en banc. On April 4, 2012, the en banc panel sent the case to mediation. On June 1, 2012, the en baCc panel dismissed the case, but only after Alameda County officials changed their interpretation of the challenged ordinance. Under the new interpretation, gun shows may take place on county property under the ordinance's exception for "events", subject to restrictions regarding the display and handling of firearms.
- Right to keep and bear arms in the United States
- Uniform Firearms Act - a set of statutes in Pennsylvania that define and amplify the right to bear arms in that state's Constitution.
- Right to keep and bear arms - international views on the concept by country
- List of Amendments to the United States Constitution