Also known as: well-regulated Militia · Second Amendment militia
Written by attorneys · grounded in primary & secondary sources — see below
An organized body of able-bodied citizens trained and equipped for military service. The body exists because it is necessary to the security of a free State.
Willa Whitman joins her state's annual muster of able-bodied residents required to drill with personal firearms. State officials inspect her weapon and training log to confirm readiness for collective defense. The requirement is sustained because it directly advances the organized force described in the prefatory clause.
Warren Wu keeps a functional handgun at home after completing state-mandated militia drills. Local police attempt to seize the weapon under a total ban. The court rejects the seizure because Wu's possession supports the well regulated force the amendment presupposes.
Select any source to read its text and confirm it supports the definition.
Wren Wright challenges Chicago's handgun ban after his state militia unit requires members to maintain personal arms. The city argues the prefatory clause does not bind states. The court applies the amendment to the states because the clause presupposes an armed citizen force whose existence depends on the protected right.
Willow West, a civilian, is tried by military commission during wartime. She argues the proceeding violates protections that apply outside actual militia service. The court grants relief because the amendment distinguishes members of the well regulated force in active service from ordinary civilians.
Walter Washington refuses a federal order directing state militia officers to perform background checks on new members. The state legislature supports his refusal. The court holds that the federal government cannot conscript state officials to administer a national program affecting the militia.
No. The clause announces the purpose of preserving a well regulated militia but does not restrict the operative right to that context alone. Historical sources confirm the clause explains why the right is protected rather than narrowing its scope.
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Founding-era sources define the militia as all able-bodied male citizens capable of acting in concert for common defense. The definition aligns with state practice at ratification and supports the clause's emphasis on an organized citizen force.
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The clause protects the existence of state militias by guaranteeing the people's right to keep and bear arms. Individual possession is therefore safeguarded because it supplies the arms necessary for the organized force to function.
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No. The clause was adopted precisely to prevent Congress from disarming state militias through federal power. A federal disarmament measure would undermine the security of the free state that the clause identifies as essential.
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…552 U. S. (2007). II We turn first to the meaning of the Second Amendment. A The Second Amendment provides: “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.” In interpreting this text, we are guided by the principle that…