ABSTRACT

The Second Amendment, like each of the original ten constitutional amendments, was ratified December 15, 1791. The Second Amendment reads: "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." Moreover, opponents of the Second Amendment argue that the militia, as understood by the framers, is no longer relevant and therefore restrictions governing types of firearms and gun buyers are constitutional. John C. Miller was the last time the Supreme Court heard a Second Amendment case, which might lead one to conclude that the interpretation that the Second Amendment is a collective protection is settled. Since the late 1990s, the battle for the legal extension of the Second Amendment to include the rights of individuals has been renewed and expanded. The battles over the understanding of the contentious amendment have been fought in the Supreme Court, albeit infrequently.