The Right to Bear Arms

The Second Amendment protects a right to keep and bear arms, which the Supreme Court held in District of Columbia v. Heller (2008) is an individual right, not limited to service in a state militia, striking down a handgun ban as unconstitutional on that basis. This right is not unlimited: Heller itself stated it does not prevent all forms of gun regulation, and laws restricting firearm possession by certain groups, or in certain places, or requiring background checks, remain a genuinely active area of ongoing litigation and legislation.

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