Also known as: 2nd Amendment · Second Amendment rights · 2A
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional provision that protects an individual right to keep and bear arms for lawful purposes, particularly self-defense in the home. Regulations that ban handguns in the home or require firearms to be kept inoperable for immediate use violate this right.
Simone Sanders keeps a handgun in her apartment for self-defense. The city enacts an ordinance banning all handguns in residences and requiring any other firearms to be disassembled or locked at all times. Sanders sues, and the court invalidates the ordinance because it eliminates the ability to maintain a functional firearm for immediate protection in the home.
Sasha Stone resides in a state that prohibits functional handguns in apartments and mandates cable locks on all firearms. She brings suit claiming the law violates her right to armed self-defense at home. The court applies the incorporated right and strikes down the restrictions because they prevent ready use of arms for lawful protection.
Select any source to read its text and confirm it supports the definition.
Solomon Silver operates a gun store and objects when federal law directs local sheriffs to perform background checks on purchasers. The sheriffs refuse to comply, arguing the command violates federalism limits. The court holds the commandeering provision invalid, leaving the underlying Second Amendment-protected transactions subject only to valid federal rules.
Selena Singh faces prosecution under a state handgun ban after keeping a pistol for home defense. She argues the state law cannot override the federal constitutional protection. The court incorporates the right against the state and dismisses the charges because the ban destroys the core self-defense interest.
Seth Shapiro challenges a federal statute that regulates firearm possession near schools by relying on commerce power. The court examines whether the law exceeds enumerated powers and leaves the Second Amendment right intact outside the proper federal reach.
Stephen Shaw seeks to distribute literature about Second Amendment rights on a public university campus. University rules restrict the activity to designated zones. The court applies free speech principles to protect the advocacy while recognizing the underlying constitutional right to arms remains separately secured.
Yes. The provision safeguards an individual right to keep and bear arms for lawful purposes, with self-defense in the home at its core. Total bans on handguns in residences or requirements that firearms be kept inoperable violate this protection.
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Yes. The right is incorporated against the states through the Fourteenth Amendment Due Process Clause. Municipal policies that ban functional handguns in homes or impose inoperable storage rules are subject to the same constitutional limits as federal action.
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No. Lease riders or policies imposed by public housing authorities that prohibit handguns or require locked, inoperable storage in apartments violate the Second Amendment. Such conditions effectively destroy the core right to armed self-defense at home.
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…Neb. Rev. Stat. § 28-405 (1964); Nev. Rev. Stat. § 200.220 (1967); N. H. Rev. Stat. Ann. § 585:13 (1955); N. J. Stat. Ann. § 2A:87-1 (1969) ("without lawful justification"); N. D. Cent. Code §§ 12-25-01, 12-25-02 (1960); Ohio Rev. Code Ann. § 2901.16 (1953); Okla. Stat. Ann., Tit. 21, § 861 (1972-1973 Supp.); Pa.…