Citation

Lund N, Second Amendment Foundation. J. Firearms Public Policy 2008; 20: 241-263.

Affiliation

George Mason University School of Law

Copyright

(Copyright © 2008, Second Amendment Foundation)

DOI

unavailable

PMID

unavailable

Abstract

The purpose of the Second Amendment is to prevent Congress from using its Article I authorities, including its authority to regulate the militia, to disarm American citizens. The Principal reason for including a preamble praising the militia -- a preamble that does not substantively alter the operative prohibition on federal overreaching -- was to endorse the traditional citizen militia, which many Americans preferred as an alternative to standing armies. The language, grammar, and history of the Amendment show both that its protection is not limited to militia-regulated activities, and that the protected right does extend to having arms for self defense against violent criminals.