Right to Keep and Bear Arms

A constitutional right protected by the Second Amendment to possess and carry weapons. Its scope is defined by constitutional text, historical interpretation, and judicial decisions.

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Second Amendment to the United States Constitution: The constitutional provision stating that the right to keep and bear arms shall not be infringed. Its text is the legal source of the right and frames disputes over its meaning.
English Bill of Rights: The 1689 English statute that included a right for certain Protestants to have arms for their defense, subject to legal limits. Its arms provision formed part of the historical background discussed in debates over the amendment.
Collective-right interpretation of the Second Amendment: An interpretation that ties the Second Amendment’s protection chiefly to state militia service rather than an individual entitlement. It contrasts with Heller’s recognition of an individual right independent of militia service.
Concealed carry: The practice of carrying a weapon in public so that it is not readily visible to others. Public-carry licensing was the central issue in Bruen.
Text, history, and tradition test: A constitutional method that evaluates firearm regulations by examining constitutional text and historical analogues. Bruen made this method central, while courts continue to debate how to apply it.
District of Columbia v. Heller: The 2008 Supreme Court decision recognizing an individual Second Amendment right to possess a firearm for lawful purposes such as self-defense. It rejected a militia-only reading and applied the right to an individual’s home possession.
English Bill of Rights 1689: The 1689 English statute that included a right for certain Protestants to have arms for their defense, subject to legal limits. Its arms provision is part of the historical background discussed in debates over the amendment.
Gun control in the United States: Laws and policies regulating firearm possession, transfer, manufacture, and use in the United States. Regulatory proposals frequently raise disputes about the right’s boundaries and permissible limits.
Open carry: The practice of carrying a weapon in public where it is visible to others. Open carry illustrates a form of public carriage distinct from the licensing scheme challenged in Bruen.
Stare decisis: The legal principle that courts generally follow prior judicial decisions when deciding similar cases. Second Amendment disputes ask how new historical tests interact with earlier precedents.