The Right to Keep and Bear Arms

2nd AmendmentThe 2nd Amendment
Court DecisionsCourt Decisions
Myths about GunsSome Myths
The AuthorsThe Authors
Kids & GunsKids & Guns
Safety with GunsSafety w/ Guns
Law summariesSome Laws
Quotes from the EnemyQuotes from our Enemies
LinksSome Links
Amendment II to the Constitution of the United States:
"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."

What does this mean? A lot of people seem to be very confused about this simple statement. Probably, many of them deliberately confuse themselves. Certainly, many of them deliberately try to confuse you.

Both the 5th Circuit and the DC Circuit courts of appeals have recently ruled that the right to keep and bear arms is an individual right, and therefore it can not be infringed. See the Court Decisions link on the left. The Supreme Court agreed to decide this subject, and the 2008 decision upholding the 2nd Amendment can be seen here.

The writers of the Constitution were literate people, and they wrote what they meant, and they meant what they wrote. Clearly, based on what the Constitution says and the decisions of the two U.S. Circuit Court of Appeals, we are talking about an individual right.

"Arms" in this context means individual arms, not battleships and airplanes with atomic bombs. And, there is still room for courts to decide that criminals and mentally defective people can be denied possession of guns, since they have never been considered part of the militia. The "militia" has always meant all persons fit to bear arms.

This web page has been put together to dispel myths and to present facts. Wherever possible, I cite references and sources.

Some people do not like the thought of ever having to defend themselves or their families. They would prefer to throw themselves on the mercy of the violent criminal. They would not even consider the thought of taking up the means to defend themselves.

I would not argue with those people, or attempt to change their minds. That is a very personal decision that each of us should make for ourselves. Where I get into disagreement with those people is when they try to make that decision for me, and attempt to take away my means of defending myself and my family. If they don't want a gun, they shouldn't buy one. But leave me and my rights alone.


Author & Webmaster: don@erickson.net. Copyright 1999 - 2012.