The Second Amendment

The Second Amendment is one of the most debated lines in the Constitution. For most of American history courts focused on its “well regulated Militia” opening clause. Beginning in 2008, the Supreme Court read the operative clause — “the right of the people to keep and bear Arms” — as protecting an individual right, not just a right tied to militia service.

Three modern cases define the landscape. Heller established the individual right to keep a handgun in the home. McDonald made that right enforceable against state and local governments. Bruen extended it to carrying a firearm in public and changed how courts test gun laws — measuring them against the nation’s “historical tradition” of firearm regulation.

Even so, the right has limits. The Court has repeatedly said governments may keep guns from felons and people with certain mental-health adjudications, bar firearms in “sensitive places” like schools and government buildings, and regulate commercial sales. Because the specifics — permits, carry rules, and which places are off-limits — vary enormously by state, this is an area where your state’s law controls the details.