Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

What is the Second Amendment and why can the 'right to bear arms' cause so much argument and debate?

The amendment has become increasingly more controversial since it was adopted in 1791

Alexandra Wilts
Washington DC
Tuesday 27 March 2018 21:45 BST
Comments
Semi-automatic AR-15's are for sale at Good Guys Guns & Range in Orem, Utah. An AR-15 was used in the Marjory Stoneman Douglas High School shooting in Parkland, Florida
Semi-automatic AR-15's are for sale at Good Guys Guns & Range in Orem, Utah. An AR-15 was used in the Marjory Stoneman Douglas High School shooting in Parkland, Florida (Getty)

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

Each American mass shooting in recent history has been followed by calls for more gun control laws, with proposals ranging from requests for “sensible restrictions” on firearm purchases to demands for a complete repeal of the Second Amendment.

The amendment has become increasingly more controversial since it was adopted in 1791, and now a former Supreme Court justice is even calling for its end.

What does the Second Amendment say?

The amendment consists of just one sentence: “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.”

Why does the Second Amendment exist?

In an op-ed in the New York Times, former Supreme Court Justice John Paul Stevens pointed out that the amendment was adopted out of “concern that a national standing army might pose a threat to the security of the separate states”.

“Today that concern is a relic of the 18th century,” wrote Mr Stevens, a Republican, even though he is widely considered to have been on the liberal side of the high court at the time of his retirement in 2010.

How has the Supreme Court interpreted the Second Amendment?

For over 200 years after the adoption of the amendment, Mr Stevens said, “ it was uniformly understood as not placing any limit on either federal or state authority to enact gun control legislation.”

Four times between 1876 and 1939, the Supreme Court declined to rule that the amendment protected individual gun ownership outside the context of a militia, according to Michael Waldman, the president of the Brennan Center for Justice at New York University’s School of Law.

In 1939, the Supreme Court held that Congress could ban the possession of a sawed-off shotgun because that weapon had no reasonable relation to the preservation or efficiency of a “well regulated militia.”

But then in 2008, the high court found that civilians had the right to own a firearm for self-protection.

How does the National Rifle Association (NRA) view the Second Amendment?

Supporters of the NRA say the gun-rights lobbying organisation advances their rights to buy and own guns according to the Second Amendment.

The organisation has refused to endorse any new restrictions on assault-style gun ownership, or to endorse any other types of new restrictions on gun ownership.

The group gives grades to politicians running for reelection. An NRA “A+” candidate is one who has “not only an excellent voting record on all critical NRA issues, but who has also made a vigorous effort to promote and defend the Second Amendment”.

Former Chief Justice Warren Burger, who served on the Supreme Court from 1969 to 1986, publicly declared that the NRA was carrying out “one of the greatest pieces of fraud, I repeat the word fraud, on the American public by special interest groups that I have ever seen in my lifetime.”

Mr Burger was a conservative.

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in