Born of hard experience.
The framers did not invent the right to bear arms — they recognized it. English common law, colonial militia practice, and the lived memory of a long war fought largely with privately-owned muskets all converged on a single conviction: a free people are an armed people. Standing armies, the founders warned, were the instrument by which republics slid into tyranny. A citizenry capable of defending itself was the cheapest, surest counterweight ever devised.
The Second Amendment is short by design. It does not parcel out a privilege from the state; it forbids the state from interfering with a right the people already possess. The clause about a well regulated militia describes a purpose, not a precondition. The operative phrase — “the right of the people to keep and bear Arms, shall not be infringed” — uses the same language of inviolable individual right that runs through the rest of the Bill of Rights.
In District of Columbia v. Heller (2008) and McDonald v. Chicago (2010), the Supreme Court confirmed what the text and history already said: the right to keep and bear arms belongs to ordinary Americans, in their homes and in public, and it is binding on every level of government.
