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Second Amendment to the United States Constitution

Updated: Wikipedia source

Second Amendment to the United States Constitution

The Second Amendment (Amendment II) to the United States Constitution protects the right to keep and bear arms. It was ratified on December 15, 1791, along with nine other articles of the United States Bill of Rights. In District of Columbia v. Heller (2008), the Supreme Court affirmed that the right belongs to individuals, for self-defense in the home, while also including, as dicta, that the right is not unlimited and does not preclude the existence of certain long-standing prohibitions such as those forbidding "the possession of firearms by felons and the mentally ill" or restrictions on "the carrying of dangerous and unusual weapons". In McDonald v. City of Chicago (2010) the Supreme Court ruled that state and local governments are limited to the same extent as the federal government from infringing upon this right. New York State Rifle & Pistol Association, Inc. v. Bruen (2022) assured the right to carry weapons in public spaces with reasonable exceptions. 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 1689. Sir William Blackstone described this right as an auxiliary right, supporting the natural rights of self-defense and resistance to oppression, and the civic duty to act in concert in defense of the state. While both James Monroe and John Adams supported the Constitution being ratified, its most influential framer was James Madison. In Federalist No. 46, Madison wrote how a federal army could be kept in check by the militia, "a standing army ... would be opposed [by] militia." He argued that State governments "would be able to repel the danger" of a federal army, "It may well be doubted, whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops." He contrasted the federal government of the United States to the European kingdoms, which he described as "afraid to trust the people with arms", and assured that "the existence of subordinate governments ... forms a barrier against the enterprises of ambition". By January 1788, Delaware, Pennsylvania, New Jersey, Georgia and Connecticut ratified the Constitution without insisting upon amendments. Several 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 the Bill of Rights to assure ratification. In United States v. Cruikshank (1876), the Supreme Court 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. The Second Amendments [sic] means no more than that it shall not be infringed by Congress, and has no other effect than to restrict the powers of the National Government." In United States v. Miller (1939), the Supreme Court ruled that the Second Amendment did not protect weapon types not having a "reasonable relationship to the preservation or efficiency of a well regulated militia". In the 21st 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 that held the amendment protects an individual's right to keep a gun for self-defense. This was the first time the Court had ruled that the Second Amendment guarantees an individual's right to own a gun. In McDonald v. Chicago (2010), the Supreme Court clarified that the Due Process Clause of the Fourteenth Amendment incorporated the Second Amendment against state and local governments. In Caetano v. Massachusetts (2016), the Supreme Court reiterated its earlier rulings that "the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding," and that its protection is not limited only to firearms, nor "only those weapons useful in warfare." In addition to affirming the right to carry firearms in public, New York State Rifle & Pistol Association, Inc. v. Bruen (2022) created a new test that laws seeking to limit Second Amendment rights must be based on the history and tradition of gun rights, although the test was refined to focus on similar analogues and general principles rather than strict matches from the past in United States v. Rahimi (2024). The debate between various organizations regarding gun control and gun rights continues.

Tables

· State Constitutional Precursors to the Second Amendment
Virginia, June 12, 1776 Virginia's Constitution lists the reasons for dissolving its ties with the King in the formation of its own independent state government. Including the following: Keeping among us, in times of peace, standing armies and ships of war. Effecting to render the military independent of, and superior to, the civil power. * These same reasons would later be outlined within the Declaration of Independence. A Declaration of Rights. Section 13. That a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free State; that standing armies, in time of peace, should be avoided, as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.
Virginia, June 12, 1776 Virginia's Constitution lists the reasons for dissolving its ties with the King in the formation of its own independent state government. Including the following: Keeping among us, in times of peace, standing armies and ships of war. Effecting to render the military independent of, and superior to, the civil power. * These same reasons would later be outlined within the Declaration of Independence. A Declaration of Rights. Section 13. That a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free State; that standing armies, in time of peace, should be avoided, as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.
Related Articles & Sections within the first State Constitutions Adopted after May 10, 1776. Note: On May 10, 1776, Congress passed a resolution recommending that any colony with a government that was not inclined toward independence should form one that was.
Virginia, June 12, 1776 Virginia's Constitution lists the reasons for dissolving its ties with the King in the formation of its own independent state government. Including the following: Keeping among us, in times of peace, standing armies and ships of war. Effecting to render the military independent of, and superior to, the civil power. * These same reasons would later be outlined within the Declaration of Independence. A Declaration of Rights. Section 13. That a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free State; that standing armies, in time of peace, should be avoided, as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.
Pennsylvania, September 28, 1776 Article 13. That the people have a right to bear arms for the defence of themselves and the state; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up; And that the military should be kept under strict subordination to, and governed by, the civil power. This is the first instance in relationship to U.S. Constitutional Law of the phrase "right to bear arms". Article 43. The inhabitants of this state shall have the liberty to fowl and hunt in seasonable times on the lands they hold, and on all other lands therein not inclosed; It is relevant that Pennsylvania was a Quaker colony traditionally opposed to bearing arms. "In settling Pennsylvania, William Penn had a great experiment in view, a 'holy experiment', as he term[ed] it. This was no less than to test, on a scale of considerable magnitude, the practicability of founding and governing a State on the sure principles of the Christian religion; where the executive should be sustained without arms; where justice should be administered without oaths; and where real religion might flourish without the incubus of a hierarchical system." The non-Quaker residents, many from the western Counties, complained often and loudly of being denied the right to a common defense. By the time of the American Revolution, through what could be described as a revolution within a revolution, the pro-militia factions had gained ascendancy in the state's government. And by a manipulation through the use of oaths, disqualifying Quaker members, they made up a vast majority of the convention forming the new state constitution; it was only natural that they would assert their efforts to form a compulsory state militia in the context of a "right" to defend themselves and the state.
Pennsylvania, September 28, 1776 Article 13. That the people have a right to bear arms for the defence of themselves and the state; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up; And that the military should be kept under strict subordination to, and governed by, the civil power. This is the first instance in relationship to U.S. Constitutional Law of the phrase "right to bear arms". Article 43. The inhabitants of this state shall have the liberty to fowl and hunt in seasonable times on the lands they hold, and on all other lands therein not inclosed; It is relevant that Pennsylvania was a Quaker colony traditionally opposed to bearing arms. "In settling Pennsylvania, William Penn had a great experiment in view, a 'holy experiment', as he term[ed] it. This was no less than to test, on a scale of considerable magnitude, the practicability of founding and governing a State on the sure principles of the Christian religion; where the executive should be sustained without arms; where justice should be administered without oaths; and where real religion might flourish without the incubus of a hierarchical system." The non-Quaker residents, many from the western Counties, complained often and loudly of being denied the right to a common defense. By the time of the American Revolution, through what could be described as a revolution within a revolution, the pro-militia factions had gained ascendancy in the state's government. And by a manipulation through the use of oaths, disqualifying Quaker members, they made up a vast majority of the convention forming the new state constitution; it was only natural that they would assert their efforts to form a compulsory state militia in the context of a "right" to defend themselves and the state.
Related Articles & Sections within the first State Constitutions Adopted after May 10, 1776. Note: On May 10, 1776, Congress passed a resolution recommending that any colony with a government that was not inclined toward independence should form one that was.
Pennsylvania, September 28, 1776 Article 13. That the people have a right to bear arms for the defence of themselves and the state; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up; And that the military should be kept under strict subordination to, and governed by, the civil power. This is the first instance in relationship to U.S. Constitutional Law of the phrase "right to bear arms". Article 43. The inhabitants of this state shall have the liberty to fowl and hunt in seasonable times on the lands they hold, and on all other lands therein not inclosed; It is relevant that Pennsylvania was a Quaker colony traditionally opposed to bearing arms. "In settling Pennsylvania, William Penn had a great experiment in view, a 'holy experiment', as he term[ed] it. This was no less than to test, on a scale of considerable magnitude, the practicability of founding and governing a State on the sure principles of the Christian religion; where the executive should be sustained without arms; where justice should be administered without oaths; and where real religion might flourish without the incubus of a hierarchical system." The non-Quaker residents, many from the western Counties, complained often and loudly of being denied the right to a common defense. By the time of the American Revolution, through what could be described as a revolution within a revolution, the pro-militia factions had gained ascendancy in the state's government. And by a manipulation through the use of oaths, disqualifying Quaker members, they made up a vast majority of the convention forming the new state constitution; it was only natural that they would assert their efforts to form a compulsory state militia in the context of a "right" to defend themselves and the state.
Maryland, November 11, 1776 Articles XXV–XXVII. 25. That a well-regulated militia is the proper and natural defence of a free government. 26. That standing armies are dangerous to liberty, and ought not to be raised or kept up, without consent of the Legislature. 27. That in all cases, and at all times, the military ought to be under strict subordination to and control of the civil power.
Maryland, November 11, 1776 Articles XXV–XXVII. 25. That a well-regulated militia is the proper and natural defence of a free government. 26. That standing armies are dangerous to liberty, and ought not to be raised or kept up, without consent of the Legislature. 27. That in all cases, and at all times, the military ought to be under strict subordination to and control of the civil power.
Related Articles & Sections within the first State Constitutions Adopted after May 10, 1776. Note: On May 10, 1776, Congress passed a resolution recommending that any colony with a government that was not inclined toward independence should form one that was.
Maryland, November 11, 1776 Articles XXV–XXVII. 25. That a well-regulated militia is the proper and natural defence of a free government. 26. That standing armies are dangerous to liberty, and ought not to be raised or kept up, without consent of the Legislature. 27. That in all cases, and at all times, the military ought to be under strict subordination to and control of the civil power.
North Carolina, December 18, 1776 A Declaration of Rights. Article XVII. That the people have a right to bear arms, for the defence of the State; and, as standing armies, in time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power.
North Carolina, December 18, 1776 A Declaration of Rights. Article XVII. That the people have a right to bear arms, for the defence of the State; and, as standing armies, in time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power.
Related Articles & Sections within the first State Constitutions Adopted after May 10, 1776. Note: On May 10, 1776, Congress passed a resolution recommending that any colony with a government that was not inclined toward independence should form one that was.
North Carolina, December 18, 1776 A Declaration of Rights. Article XVII. That the people have a right to bear arms, for the defence of the State; and, as standing armies, in time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power.
New York, April 20, 1777 Article XL. And whereas it is of the utmost importance to the safety of every State that it should always be in a condition of defence; and it is the duty of every man who enjoys the protection of society to be prepared and willing to defend it; this convention therefore, in the name and by the authority of the good people of this State, doth ordain, determine, and declare that the militia of this State, at all times hereafter, as well in peace as in war, shall be armed and disciplined, and in readiness for service. That all such of the inhabitants of this State being of the people called Quakers as, from scruples of conscience, may be averse to the bearing of arms, be therefrom excused by the legislature; and do pay to the State such sums of money, in lieu of their personal service, as the same; may, in the judgment of the legislature, be worth. And that a proper magazine of warlike stores, proportionate to the number of inhabitants, be, forever hereafter, at the expense of this State, and by acts of the legislature, established, maintained, and continued in every county in this State.
New York, April 20, 1777 Article XL. And whereas it is of the utmost importance to the safety of every State that it should always be in a condition of defence; and it is the duty of every man who enjoys the protection of society to be prepared and willing to defend it; this convention therefore, in the name and by the authority of the good people of this State, doth ordain, determine, and declare that the militia of this State, at all times hereafter, as well in peace as in war, shall be armed and disciplined, and in readiness for service. That all such of the inhabitants of this State being of the people called Quakers as, from scruples of conscience, may be averse to the bearing of arms, be therefrom excused by the legislature; and do pay to the State such sums of money, in lieu of their personal service, as the same; may, in the judgment of the legislature, be worth. And that a proper magazine of warlike stores, proportionate to the number of inhabitants, be, forever hereafter, at the expense of this State, and by acts of the legislature, established, maintained, and continued in every county in this State.
Related Articles & Sections within the first State Constitutions Adopted after May 10, 1776. Note: On May 10, 1776, Congress passed a resolution recommending that any colony with a government that was not inclined toward independence should form one that was.
New York, April 20, 1777 Article XL. And whereas it is of the utmost importance to the safety of every State that it should always be in a condition of defence; and it is the duty of every man who enjoys the protection of society to be prepared and willing to defend it; this convention therefore, in the name and by the authority of the good people of this State, doth ordain, determine, and declare that the militia of this State, at all times hereafter, as well in peace as in war, shall be armed and disciplined, and in readiness for service. That all such of the inhabitants of this State being of the people called Quakers as, from scruples of conscience, may be averse to the bearing of arms, be therefrom excused by the legislature; and do pay to the State such sums of money, in lieu of their personal service, as the same; may, in the judgment of the legislature, be worth. And that a proper magazine of warlike stores, proportionate to the number of inhabitants, be, forever hereafter, at the expense of this State, and by acts of the legislature, established, maintained, and continued in every county in this State.
Vermont, July 8, 1777 Chapter 1. Section XVIII. That the people have a right to bear arms for the defence of the themselves and the State; and as standing armies, in the time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power.
Vermont, July 8, 1777 Chapter 1. Section XVIII. That the people have a right to bear arms for the defence of the themselves and the State; and as standing armies, in the time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power.
Related Articles & Sections within the first State Constitutions Adopted after May 10, 1776. Note: On May 10, 1776, Congress passed a resolution recommending that any colony with a government that was not inclined toward independence should form one that was.
Vermont, July 8, 1777 Chapter 1. Section XVIII. That the people have a right to bear arms for the defence of the themselves and the State; and as standing armies, in the time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power.
Massachusetts, June 15, 1780 A Declaration of Rights. Chapter 1. Article XVII. The people have a right to keep and to bear arms for the common defence. And as, in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the legislature; and the military power shall always be held in an exact subordination to the civil authority and be governed by it.
Massachusetts, June 15, 1780 A Declaration of Rights. Chapter 1. Article XVII. The people have a right to keep and to bear arms for the common defence. And as, in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the legislature; and the military power shall always be held in an exact subordination to the civil authority and be governed by it.
Related Articles & Sections within the first State Constitutions Adopted after May 10, 1776. Note: On May 10, 1776, Congress passed a resolution recommending that any colony with a government that was not inclined toward independence should form one that was.
Massachusetts, June 15, 1780 A Declaration of Rights. Chapter 1. Article XVII. The people have a right to keep and to bear arms for the common defence. And as, in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the legislature; and the military power shall always be held in an exact subordination to the civil authority and be governed by it.
Related Articles & Sections within the first State Constitutions Adopted after May 10, 1776. Note: On May 10, 1776, Congress passed a resolution recommending that any colony with a government that was not inclined toward independence should form one that was.
Virginia, June 12, 1776 Virginia's Constitution lists the reasons for dissolving its ties with the King in the formation of its own independent state government. Including the following: Keeping among us, in times of peace, standing armies and ships of war. Effecting to render the military independent of, and superior to, the civil power. * These same reasons would later be outlined within the Declaration of Independence. A Declaration of Rights. Section 13. That a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free State; that standing armies, in time of peace, should be avoided, as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.
Pennsylvania, September 28, 1776 Article 13. That the people have a right to bear arms for the defence of themselves and the state; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up; And that the military should be kept under strict subordination to, and governed by, the civil power. This is the first instance in relationship to U.S. Constitutional Law of the phrase "right to bear arms". Article 43. The inhabitants of this state shall have the liberty to fowl and hunt in seasonable times on the lands they hold, and on all other lands therein not inclosed; It is relevant that Pennsylvania was a Quaker colony traditionally opposed to bearing arms. "In settling Pennsylvania, William Penn had a great experiment in view, a 'holy experiment', as he term[ed] it. This was no less than to test, on a scale of considerable magnitude, the practicability of founding and governing a State on the sure principles of the Christian religion; where the executive should be sustained without arms; where justice should be administered without oaths; and where real religion might flourish without the incubus of a hierarchical system." The non-Quaker residents, many from the western Counties, complained often and loudly of being denied the right to a common defense. By the time of the American Revolution, through what could be described as a revolution within a revolution, the pro-militia factions had gained ascendancy in the state's government. And by a manipulation through the use of oaths, disqualifying Quaker members, they made up a vast majority of the convention forming the new state constitution; it was only natural that they would assert their efforts to form a compulsory state militia in the context of a "right" to defend themselves and the state.
Maryland, November 11, 1776 Articles XXV–XXVII. 25. That a well-regulated militia is the proper and natural defence of a free government. 26. That standing armies are dangerous to liberty, and ought not to be raised or kept up, without consent of the Legislature. 27. That in all cases, and at all times, the military ought to be under strict subordination to and control of the civil power.
North Carolina, December 18, 1776 A Declaration of Rights. Article XVII. That the people have a right to bear arms, for the defence of the State; and, as standing armies, in time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power.
New York, April 20, 1777 Article XL. And whereas it is of the utmost importance to the safety of every State that it should always be in a condition of defence; and it is the duty of every man who enjoys the protection of society to be prepared and willing to defend it; this convention therefore, in the name and by the authority of the good people of this State, doth ordain, determine, and declare that the militia of this State, at all times hereafter, as well in peace as in war, shall be armed and disciplined, and in readiness for service. That all such of the inhabitants of this State being of the people called Quakers as, from scruples of conscience, may be averse to the bearing of arms, be therefrom excused by the legislature; and do pay to the State such sums of money, in lieu of their personal service, as the same; may, in the judgment of the legislature, be worth. And that a proper magazine of warlike stores, proportionate to the number of inhabitants, be, forever hereafter, at the expense of this State, and by acts of the legislature, established, maintained, and continued in every county in this State.
Vermont, July 8, 1777 Chapter 1. Section XVIII. That the people have a right to bear arms for the defence of the themselves and the State; and as standing armies, in the time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power.
Massachusetts, June 15, 1780 A Declaration of Rights. Chapter 1. Article XVII. The people have a right to keep and to bear arms for the common defence. And as, in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the legislature; and the military power shall always be held in an exact subordination to the civil authority and be governed by it.

References

  1. From the English Civil War until the Glorious Revolution, militias occasionally disarmed Catholics, and the king, withou
  2. "District of Columbia v. Heller"
    https://web.archive.org/web/20130302152731/http://www.supremecourt.gov/opinions/07pdf/07-290.pdf
  3. "District of Columbia v. Heller"
    https://web.archive.org/web/20130302152731/http://www.supremecourt.gov/opinions/07pdf/07-290.pdf
  4. Hardy, p. 1237. "Early Americans wrote of the right in light of three considerations: (1) as auxiliary to a natural righ
  5. Malcolm, "That Every Man Be Armed", pp. 452, 466. "The Second Amendment reflects traditional English attitudes toward th
  6. Cooke, p. 100. "This is another protection against a possible abuse by Congress. The right protected is really the right
  7. For two radically different views of Blackstone on the Second Amendment, see Heyman, Chicago-Kent, and Volokh, "Senate T
  8. Justice Story "misidentified" it as the "5th Amendment". Several public officials, including James Madison and Supreme C
  9. "US Senate Annotated Constitution"
    https://www.senate.gov/civics/constitution_item/constitution.htm#amdt_2_(1791)
  10. American Government: Political Development and Institutional Change
    https://books.google.com/books?id=z2BcSYLomQgC&pg=PA405
  11. "After Heller: What Now for the Second Amendment"
    http://heinonline.org/HOL/LandingPage?handle=hein.journals/saclr50&div=32&id=&page=
  12. The New York Times
    https://www.nytimes.com/2008/06/27/washington/27scotus.html
  13. The Washington Post
    http://www.washingtonpost.com/wp-dyn/content/article/2008/06/26/AR2008062600615.html
  14. The Wall Street Journal
    https://web.archive.org/web/20190805131210/https://online.wsj.com/public/resources/documents/info-scotusdiary-071002.html
  15. SCOTUSblog
    https://www.scotusblog.com/2008/06/court-a-constitutional-right-to-a-gun/
  16. U.S. Department of Justice
    https://www.justice.gov/sites/default/files/usao-ut/legacy/2013/06/03/guncard.pdf
  17. Constitutional Law for a Changing America: Rights, Liberties and Justice
    https://books.google.com/books?id=CmPKNI2z5-AC&q=heller+%22not+unlimited%22&pg=PA396
  18. The New York Times
    https://www.nytimes.com/2010/06/29/us/29scotus.html
  19. "Law Review: The Fourteenth Amendment and Incorporation"
    https://web.archive.org/web/20180523103447/https://www.americanbar.org/publications/insights-on-law-and-society/2017/winter2017/law-review-the-14th-amendment-and-incorporation.html
  20. "Blackstone's Commentaries on the Laws of England – Book the First – Chapter the First: Of the Absolute Rights of Individuals, p. 139"
    http://avalon.law.yale.edu/18th_century/blackstone_bk1ch1.asp
  21. "United States of America v. Timothy Joe Emerson – The Ratification Debates"
    https://web.archive.org/web/20100912233327/http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/emerson.html
  22. Madison, James; Hamilton, John. C. (ed.); The Federalist, No. 46, p. 371; 1864.
  23. "United States v. Cruikshank 92 U.S. 542 (1875)"
    http://supreme.justia.com/cases/federal/us/92/542/case.html
  24. "United States v. Miller, 307 U.S. 174 (1939)"
    https://www.law.cornell.edu/supct/html/historics/USSC_CR_0307_0174_ZS.html
  25. "District of Columbia v. Heller: The Supreme Court and the Second Amendment"
    https://web.archive.org/web/20130703221619/http://assets.opencrs.com/rpts/RL34446_20080411.pdf
  26. The New York Times
    https://www.nytimes.com/2008/06/27/washington/27scotus.html
  27. "Expert Brief: How the NRA Rewrote the Second Amendment"
    https://web.archive.org/web/20230924130003/https://www.brennancenter.org/our-work/research-reports/how-nra-rewrote-second-amendment
  28. The Washington Post
    https://www.washingtonpost.com/wp-dyn/content/article/2008/06/26/AR2008062600615.html
  29. Reuters
    https://www.reuters.com/article/us-usa-guns-court/americans-have-right-to-guns-under-landmark-ruling-idUSWBT00928420080626
  30. The New York Times
    https://www.nytimes.com/2010/06/29/us/29scotus.html?src=me
  31. Guns in American society: an encyclopedia of history, politics, culture, and the law
    https://books.google.com/books?id=QeGJH48PT0kC
  32. The second amendment's capitalization and punctuation are not uniformly reported; another version has three commas, afte
  33. The New York Times
    https://www.nytimes.com/2007/12/16/opinion/16freedman.html?_r=0
  34. "Errors in the Constitution"
    https://www.archives.gov/publications/prologue/2012/fall/const-errors.html
  35. U.S. Constitution For Dummies
    https://books.google.com/books?id=jL_5xciR53UC&q=second+amendment+one+comma&pg=PA207
  36. Business Insider
    https://web.archive.org/web/20160619054610/http://www.businessinsider.com/the-comma-in-the-second-amendment-2013-8
  37. The New York Times
    https://web.archive.org/web/20170126101814/http://www.nytimes.com/2007/12/16/opinion/16freedman.html
  38. "National Archives – Bill of Rights"
    https://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html
  39. Davies, pp. 209–16.
  40. United States Reports
    https://www.supremecourt.gov/opinions/boundvolumes/554bv.pdf
  41. Separation of Powers in Practice – Thomas Campbell
    https://books.google.com/books?id=XGVRu745m6sC&q=second+amendment+punctuation&pg=PA183
  42. Separation of Powers in Practice
    https://smile.amazon.com/Separation-Powers-Practice-Tom-Campbell/dp/0804747369/ref=sr_1_2?dchild=1&keywords=Separation+of+Powers+in+Practice&qid=1596845989&s=books&sr=1-2
  43. "A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774–1875"
    http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=001/llsl001.db&recNum=220
  44. Gpo.gov
    https://www.gpo.gov/fdsys/pkg/GPO-CONAN-1992/html/GPO-CONAN-1992-10-3.htm
  45. Commentaries on the Laws of England
  46. Bogus, Carl T. "The Hidden History of the Second Amendment". https://heinonline.org/HOL/Page?collection=journals&handle=
    https://heinonline.org/HOL/Page?collection=journals&handle=hein.journals/davlr31&id=319&men_tab=srchresults
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