district
columbia
et
al
heller
argued
march
decided
june
district
columbia
law
bans
handgun
possession
making
crime
carry
unregistered
firearm
prohibiting
registration
handguns
provides
separately
person
may
carry
unlicensed
handgun
authorizes
police
chief
issue
licenses
requires
residents
keep
lawfully
owned
firearms
unloaded
dissembled
bound
trigger
lock
similar
device
respondent
heller
special
policeman
applied
register
handgun
wished
keep
home
district
refused
filed
suit
seeking
second
amendment
grounds
enjoin
city
enforcing
bar
handgun
registration
licensing
requirement
insofar
prohibits
carrying
unlicensed
firearm
home
requirement
insofar
prohibits
use
functional
firearms
home
district
dismissed
suit
circuit
reversed
holding
second
amendment
protects
individual
right
possess
firearms
city
total
ban
handguns
well
requirement
firearms
home
kept
nonfunctional
even
necessary
violated
right
held
second
amendment
protects
individual
right
possess
firearm
unconnected
service
militia
use
arm
traditionally
lawful
purposes
within
home
pp
amendment
prefatory
clause
announces
purpose
limit
expand
scope
second
part
operative
clause
operative
clause
text
history
demonstrate
connotes
individual
right
keep
bear
arms
pp
prefatory
clause
comports
interpretation
operative
clause
militia
comprised
males
physically
capable
acting
concert
common
defense
antifederalists
feared
federal
government
disarm
people
order
disable
citizens
militia
enabling
politicized
standing
army
select
militia
rule
response
deny
congress
power
abridge
ancient
right
individuals
keep
bear
arms
ideal
citizens
militia
preserved
pp
interpretation
confirmed
analogous
rights
state
constitutions
preceded
immediately
followed
second
amendment
pp
second
amendment
drafting
history
dubious
interpretive
worth
reveals
three
state
second
amendment
proposals
unequivocally
referred
individual
right
bear
arms
pp
interpretation
second
amendment
scholars
courts
legislators
immediately
ratification
late
century
also
supports
conclusion
pp
none
precedents
forecloses
interpretation
neither
cruikshank
presser
illinois
refutes
interpretation
miller
limit
right
keep
bear
arms
militia
purposes
rather
limits
type
weapon
right
applies
used
militia
common
use
lawful
purposes
pp
like
rights
second
amendment
right
unlimited
right
keep
carry
weapon
whatsoever
manner
whatsoever
whatever
purpose
example
concealed
weapons
prohibitions
upheld
amendment
state
analogues
opinion
taken
cast
doubt
longstanding
prohibitions
possession
firearms
felons
mentally
ill
laws
forbidding
carrying
firearms
sensitive
places
schools
government
buildings
laws
imposing
conditions
qualifications
commercial
sale
arms
miller
holding
sorts
weapons
protected
common
use
time
finds
support
historical
tradition
prohibiting
carrying
dangerous
unusual
weapons
pp
handgun
ban
requirement
applied
violate
second
amendment
district
total
ban
handgun
possession
home
amounts
prohibition
entire
class
arms
americans
overwhelmingly
choose
lawful
purpose
standards
scrutiny
applied
enumerated
constitutional
rights
prohibition
place
importance
lawful
defense
self
family
property
acute
fail
constitutional
muster
similarly
requirement
lawful
firearm
home
disassembled
bound
trigger
lock
makes
impossible
citizens
use
arms
core
lawful
purpose
hence
unconstitutional
heller
conceded
oral
argument
licensing
law
permissible
enforced
arbitrarily
capriciously
assumes
license
satisfy
prayer
relief
address
licensing
requirement
assuming
disqualified
exercising
second
amendment
rights
district
must
permit
heller
register
handgun
must
issue
license
carry
home
pp
affirmed
scalia
delivered
opinion
roberts
kennedy
thomas
alito
joined
stevens
filed
dissenting
opinion
souter
ginsburg
breyer
joined
breyer
filed
dissenting
opinion
stevens
souter
ginsburg
joined
district
columbia
et
petitioners
dick
anthony
heller
writ
certiorari
appeals
district
columbia
circuit
june
justice
scalia
delivered
opinion
consider
whether
district
columbia
prohibition
possession
usable
handguns
home
violates
second
amendment
constitution
district
columbia
generally
prohibits
possession
handguns
crime
carry
unregistered
firearm
registration
handguns
prohibited
see
code
wholly
apart
prohibition
person
may
carry
handgun
without
license
chief
police
may
issue
licenses
periods
see
district
columbia
law
also
requires
residents
keep
lawfully
owned
firearms
registered
long
guns
unloaded
dissembled
bound
trigger
lock
similar
device
unless
located
place
business
used
lawful
recreational
activities
see
respondent
dick
heller
special
police
officer
authorized
carry
handgun
duty
federal
judicial
center
applied
registration
certificate
handgun
wished
keep
home
district
refused
thereafter
filed
lawsuit
federal
district
district
columbia
seeking
second
amendment
grounds
enjoin
city
enforcing
bar
registration
handguns
licensing
requirement
insofar
prohibits
carrying
firearm
home
without
license
requirement
insofar
prohibits
use
functional
firearms
within
home
app
district
dismissed
respondent
complaint
see
parker
district
columbia
supp
appeals
district
columbia
circuit
construing
complaint
seeking
right
render
firearm
operable
carry
home
condition
necessary
reversed
see
parker
district
columbia
held
second
amendment
protects
individual
right
possess
firearms
city
total
ban
handguns
well
requirement
firearms
home
kept
nonfunctional
even
necessary
violated
right
see
appeals
directed
district
enter
summary
judgment
respondent
granted
certiorari
ii
turn
first
meaning
second
amendment
second
amendment
provides
well
regulated
militia
necessary
security
free
state
right
people
keep
bear
arms
shall
infringed
interpreting
text
guided
principle
constitution
written
understood
voters
words
phrases
used
normal
ordinary
distinguished
technical
meaning
sprague
see
also
gibbons
ogden
wheat
normal
meaning
may
course
include
idiomatic
meaning
excludes
secret
technical
meanings
known
ordinary
citizens
founding
generation
two
sides
case
set
different
interpretations
amendment
petitioners
today
dissenting
justices
believe
protects
right
possess
carry
firearm
connection
militia
service
see
brief
petitioners
post
stevens
dissenting
respondent
argues
protects
individual
right
possess
firearm
unconnected
service
militia
use
arm
traditionally
lawful
purposes
within
home
see
brief
respondent
second
amendment
naturally
divided
two
parts
prefatory
clause
operative
clause
former
limit
latter
grammatically
rather
announces
purpose
amendment
rephrased
well
regulated
militia
necessary
security
free
state
right
people
keep
bear
arms
shall
infringed
see
tiffany
treatise
government
constitutional
law
brief
professors
linguistics
english
amici
curiae
hereinafter
linguists
brief
although
structure
second
amendment
unique
constitution
legal
documents
founding
era
particularly
provisions
state
constitutions
commonly
included
prefatory
statement
purpose
see
generally
volokh
commonplace
second
amendment
rev
logic
demands
link
stated
purpose
command
second
amendment
nonsensical
read
well
regulated
militia
necessary
security
free
state
right
people
petition
redress
grievances
shall
infringed
requirement
logical
connection
may
cause
prefatory
clause
resolve
ambiguity
operative
clause
separation
church
state
important
objective
teachings
canons
shall
place
jurisprudence
preface
makes
clear
operative
clause
refers
canons
interpretation
clergymen
apart
clarifying
function
prefatory
clause
limit
expand
scope
operative
clause
see
dwarris
general
treatise
statutes
potter
ed
hereinafter
dwarris
sedgwick
interpretation
construction
statutory
constitutional
law
ed
nothing
unusual
acts
enacting
part
go
beyond
preamble
remedy
often
extends
beyond
particular
act
mischief
first
suggested
necessity
law
bishop
commentaries
written
laws
interpretation
quoting
rex
marks
east
therefore
begin
textual
analysis
operative
clause
return
prefatory
clause
ensure
reading
operative
clause
consistent
announced
operative
clause
right
people
first
salient
feature
operative
clause
codifies
right
people
unamended
constitution
bill
rights
use
phrase
right
people
two
times
first
amendment
clause
fourth
amendment
clause
ninth
amendment
uses
similar
terminology
enumeration
constitution
certain
rights
shall
construed
deny
disparage
others
retained
people
three
instances
unambiguously
refer
individual
rights
collective
rights
rights
may
exercised
participation
corporate
three
provisions
constitution
refer
people
context
rights
famous
preamble
people
article
providing
people
choose
members
house
tenth
amendment
providing
powers
given
federal
government
remain
people
provisions
arguably
refer
people
acting
collectively
deal
exercise
reservation
powers
rights
nowhere
else
constitution
right
attributed
people
refer
anything
individual
six
provisions
constitution
mention
people
term
unambiguously
refers
members
political
community
unspecified
subset
said
people
seems
term
art
employed
select
parts
constitution
uses
sugges
people
protected
fourth
amendment
first
second
amendments
rights
powers
reserved
ninth
tenth
amendments
refers
class
persons
part
national
community
otherwise
developed
sufficient
connection
country
considered
part
community
contrasts
markedly
phrase
militia
prefatory
clause
describe
militia
colonial
america
consisted
subset
people
male
able
bodied
within
certain
age
range
reading
second
amendment
protecting
right
keep
bear
arms
organized
militia
therefore
fits
poorly
operative
clause
description
holder
right
people
start
therefore
strong
presumption
second
amendment
right
exercised
individually
belongs
americans
keep
bear
arms
move
holder
right
people
substance
right
keep
bear
arms
addressing
verbs
keep
bear
interpret
object
arms
meaning
different
meaning
today
edition
samuel
johnson
dictionary
defined
arms
weapons
offence
armour
defence
dictionary
english
language
ed
hereinafter
johnson
timothy
cunningham
important
legal
dictionary
defined
arms
thing
man
wears
defence
takes
hands
useth
wrath
cast
strike
another
new
complete
law
dictionary
see
also
webster
american
dictionary
english
language
reprinted
hereinafter
webster
similar
term
applied
weapons
specifically
designed
military
use
employed
military
capacity
instance
cunningham
legal
dictionary
gave
example
usage
servants
labourers
shall
use
bows
arrows
sundays
bear
arms
see
also
act
trial
negroes
del
laws
ch
xliii
first
laws
state
delaware
cushing
ed
pt
see
generally
state
duke
tex
citing
decisions
state
courts
construing
arms
although
one
thesaurus
limited
arms
opposed
weapons
instruments
offence
generally
made
use
war
even
source
stated
firearms
constituted
arms
trusler
distinction
words
esteemed
synonymous
english
language
emphasis
added
made
argument
bordering
frivolous
arms
existence
century
protected
second
amendment
interpret
constitutional
rights
way
first
amendment
protects
modern
forms
communications
reno
american
civil
liberties
union
fourth
amendment
applies
modern
forms
search
kyllo
second
amendment
extends
prima
facie
instruments
constitute
bearable
arms
even
existence
time
founding
turn
phrases
keep
arms
bear
arms
johnson
defined
keep
relevantly
retain
lose
custody
johnson
webster
defined
hold
retain
one
power
possession
party
apprised
us
idiomatic
meaning
keep
arms
thus
natural
reading
keep
arms
second
amendment
weapons
phrase
keep
arms
prevalent
written
documents
founding
period
found
examples
favor
viewing
right
keep
arms
individual
right
unconnected
militia
service
william
blackstone
example
wrote
catholics
convicted
attending
service
church
england
suffered
certain
penalties
one
permitted
keep
arms
houses
commentaries
laws
england
hereinafter
blackstone
see
also
eng
stat
large
papist
shall
may
keep
house
arms
hawkins
treatise
pleas
crown
similar
petitioners
point
militia
laws
founding
period
required
militia
members
keep
arms
connection
militia
service
conclude
phrase
keep
arms
connotation
see
brief
petitioners
citing
laws
delaware
new
jersey
virginia
rather
like
saying
since
many
statutes
authorize
aggrieved
employees
file
complaints
federal
agencies
phrase
file
complaints
connotation
keep
arms
simply
common
way
referring
possessing
arms
militiamen
everyone
time
founding
bear
meant
carry
see
johnson
webster
sheridan
complete
dictionary
english
language
oxford
english
dictionary
ed
hereinafter
oxford
used
arms
however
term
meaning
refers
carrying
particular
purpose
confrontation
muscarello
course
analyzing
meaning
carries
firearm
federal
criminal
statute
justice
ginsburg
wrote
urely
familiar
meaning
constitution
second
amendment
indicate
bear
carry
upon
person
clothing
pocket
purpose
armed
ready
offensive
defensive
action
case
conflict
another
person
dissenting
opinion
quoting
black
law
dictionary
ed
think
justice
ginsburg
accurately
captured
natural
meaning
bear
arms
although
phrase
implies
carrying
weapon
purpose
offensive
defensive
action
way
connotes
participation
structured
military
organization
review
sources
conclude
natural
meaning
also
meaning
bear
arms
century
numerous
instances
bear
arms
unambiguously
used
refer
carrying
weapons
outside
organized
militia
prominent
examples
relevant
second
amendment
nine
state
constitutional
provisions
written
century
first
two
decades
enshrined
right
citizens
bear
arms
defense
state
bear
arms
defense
state
clear
formulations
bear
arms
refer
carrying
weapon
organized
military
unit
justice
james
wilson
interpreted
pennsylvania
constitution
right
example
recognition
natural
right
defense
one
person
house
called
law
self
preservation
collected
works
james
wilson
hall
hall
eds
citing
pa
art
ix
see
also
walker
introduction
american
law
thus
right
guaranteed
ohio
constitution
see
also
equating
second
amendment
provision
ohio
constitution
also
interpretation
state
constitutional
provisions
adopted
war
state
provisions
demonstrate
analogous
linguistic
context
bear
arms
limited
carrying
arms
militia
phrase
bear
arms
also
time
founding
idiomatic
meaning
significantly
different
natural
meaning
serve
soldier
military
service
fight
wage
war
see
linguists
brief
post
stevens
dissenting
unequivocally
bore
idiomatic
meaning
followed
preposition
turn
followed
target
hostilities
see
oxford
example
declaration
independence
used
phrase
constrained
fellow
citizens
taken
captive
high
seas
bear
arms
country
every
example
given
petitioners
amici
idiomatic
meaning
bear
arms
founding
period
either
includes
preposition
clearly
idiomatic
see
linguists
brief
without
preposition
bear
arms
normally
meant
continues
mean
today
justice
ginsburg
opinion
muscarello
said
event
meaning
bear
arms
petitioners
justice
stevens
propose
even
sometimes
idiomatic
meaning
rather
manufacture
hybrid
definition
whereby
bear
arms
connotes
actual
carrying
arms
therefore
really
idiom
service
organized
militia
dictionary
ever
adopted
definition
apprised
source
indicates
carried
meaning
time
founding
easy
see
petitioners
dissent
driven
hybrid
definition
giving
bear
arms
idiomatic
meaning
cause
protected
right
consist
right
soldier
wage
war
absurdity
commentator
ever
endorsed
see
levy
origins
bill
rights
worse
still
phrase
keep
bear
arms
incoherent
word
arms
two
different
meanings
weapons
object
keep
object
bear
idiom
rather
like
saying
filled
kicked
bucket
mean
filled
bucket
died
grotesque
petitioners
justify
limitation
bear
arms
military
context
pointing
unremarkable
fact
often
used
context
mistake
made
respect
keep
arms
especially
unremarkable
phrase
often
used
military
context
federal
legal
sources
records
congressional
debate
focus
petitioners
inquiry
sources
little
occasion
use
except
discussions
standing
army
militia
phrases
used
primarily
military
discussions
include
bear
arms
also
carry
arms
possess
arms
arms
though
one
thinks
phrases
also
special
military
meanings
see
barnett
right
keep
bear
arms
conditioned
service
organized
militia
tex
rev
common
references
fit
bear
arms
congressional
discussions
militia
matched
use
phrase
nonmilitary
federal
contexts
concept
relevant
see
journals
continental
congress
fitzpatrick
ed
legal
sources
frequently
used
bear
arms
nonmilitary
cunningham
legal
dictionary
cited
gave
example
usage
sentence
unrelated
military
affairs
servants
labourers
shall
use
bows
arrows
sundays
bear
arms
one
looks
beyond
legal
sources
bear
arms
frequently
used
nonmilitary
contexts
see
cramer
olson
bear
arms
mean
second
amendment
georgetown
pub
forthcoming
online
http
visited
june
available
clerk
case
file
identifying
numerous
nonmilitary
uses
bear
arms
founding
period
justice
stevens
points
study
amici
supposedly
showing
phrase
bear
arms
frequently
used
military
context
see
post
linguists
brief
course
said
fact
phrase
commonly
used
particular
context
show
limited
context
event
given
many
sources
phrase
used
nonmilitary
contexts
moreover
study
collection
appears
include
knows
many
times
idiomatic
phrase
bear
arms
irrelevant
amici
also
dismiss
examples
arms
purpose
killing
uses
expressly
qualified
linguists
brief
justice
stevens
uses
excuse
dismissing
state
constitutional
provisions
analogous
second
amendment
identify
purposes
individual
right
asserted
see
post
analysis
faulty
purposive
qualifying
phrase
contradicts
word
phrase
modifies
unknown
side
looking
glass
except
apparently
courses
linguistics
bear
arms
means
think
simply
carrying
arms
modifier
limit
purpose
carriage
purpose
make
war
king
bear
arms
means
petitioners
dissent
think
carrying
arms
military
purposes
one
simply
add
purpose
killing
game
right
carry
arms
militia
purpose
killing
game
worthy
mad
hatter
thus
purposive
qualifying
phrases
positively
establish
bear
arms
limited
military
justice
stevens
places
great
weight
james
madison
inclusion
clause
original
draft
second
amendment
person
religiously
scrupulous
bearing
arms
shall
compelled
render
military
service
person
creating
bill
rights
veit
bowling
bickford
eds
hereinafter
veit
argues
clause
establishes
drafters
second
amendment
intended
bear
arms
refer
military
service
see
post
always
perilous
derive
meaning
adopted
provision
another
provision
deleted
drafting
case
justice
stevens
conclude
deleted
provision
follow
meant
exempt
military
service
objected
going
war
scruples
personal
gunfights
quakers
opposed
use
arms
militia
service
violent
purpose
whatsoever
much
quaker
frontiersmen
forbidden
use
arms
defend
families
even
though
circumstances
temptation
seize
hunting
rifle
knife
must
sometimes
almost
overwhelming
brock
pacifism
see
hirst
quakers
peace
war
clarkson
portraiture
quakerism
ed
pennsylvania
militia
act
exempted
service
scrupling
use
arms
phrase
one
contends
idiomatic
meaning
see
stat
large
mitchell
flanders
eds
emphasis
added
thus
natural
interpretation
madison
deleted
text
opposed
carrying
weapons
potential
violent
confrontation
compelled
render
military
service
carrying
finally
justice
stevens
suggests
keep
bear
arms
sort
term
art
presumably
akin
hue
cry
cease
desist
suggestion
usefully
evades
problem
evidence
whatsoever
support
military
reading
keep
arms
justice
stevens
believes
unitary
meaning
keep
bear
arms
established
second
amendment
calling
right
singular
rather
rights
plural
see
post
nothing
state
constitutions
founding
period
routinely
grouped
multiple
related
guarantees
singular
right
first
amendment
protects
right
singular
people
peaceably
assemble
petition
government
redress
grievances
see
pa
declaration
rights
xii
xvi
thorpe
ohio
arts
viii
even
keep
bear
arms
unitary
phrase
find
evidence
bore
military
meaning
although
phrase
common
unusual
term
art
found
instances
use
clearly
nonmilitary
connotation
debate
house
lords
example
lord
richmond
described
order
disarm
private
citizens
militia
members
violation
constitutional
right
protestant
subjects
keep
bear
arms
defense
london
magazine
gentleman
monthly
intelligencer
response
another
member
parliament
referred
right
bearing
arms
personal
defence
making
clear
special
military
meaning
keep
bear
arms
intended
discussion
meaning
operative
clause
putting
textual
elements
together
find
guarantee
individual
right
possess
carry
weapons
case
confrontation
meaning
strongly
confirmed
historical
background
second
amendment
look
always
widely
understood
second
amendment
like
first
fourth
amendments
codified
right
text
second
amendment
implicitly
recognizes
right
declares
shall
infringed
said
cruikshank
right
granted
constitution
neither
manner
dependent
upon
instrument
existence
second
amendment
declares
shall
infringed
restoration
glorious
revolution
stuart
kings
charles
ii
james
ii
succeeded
using
select
militias
loyal
suppress
political
dissidents
part
disarming
opponents
see
malcolm
keep
bear
arms
hereinafter
malcolm
schwoerer
declaration
rights
auspices
game
act
example
catholic
james
ii
ordered
general
disarmaments
regions
home
protestant
enemies
see
malcolm
experiences
caused
englishmen
extremely
wary
concentrated
military
forces
run
state
jealous
arms
accordingly
obtained
assurance
william
mary
declaration
right
codified
english
bill
rights
protestants
never
disarmed
subjects
protestants
may
arms
defense
suitable
conditions
allowed
law
eng
stat
large
right
long
understood
predecessor
second
amendment
see
dumbauld
bill
rights
means
today
rawle
view
constitution
america
hereinafter
rawle
clearly
individual
right
nothing
whatever
service
militia
sure
individual
right
available
whole
population
given
restricted
protestants
like
written
english
rights
held
crown
parliament
see
schwoerer
hold
bear
arms
english
perspective
bogus
see
story
commentaries
constitution
hereinafter
story
contending
right
bear
arms
limitatio
upon
power
parliament
well
secured
individuals
according
libertarian
political
principles
members
fighting
force
schwoerer
declaration
rights
see
also
jellinek
declaration
rights
man
citizens
reprinted
time
founding
right
arms
become
fundamental
english
subjects
see
malcolm
blackstone
whose
works
said
constituted
preeminent
authority
english
law
founding
generation
alden
maine
cited
arms
provision
bill
rights
one
fundamental
rights
englishmen
see
blackstone
description
possibly
thought
tie
militia
military
service
said
natural
right
resistance
right
using
arms
defence
see
also
contemporary
authorities
concurred
see
sharp
tracts
concerning
ancient
true
legal
means
national
defence
free
militia
ed
de
lolme
rise
progress
english
constitution
stephens
ed
blizard
desultory
reflections
police
thus
right
secured
result
stuarts
abuses
time
founding
understood
individual
right
protecting
public
private
violence
course
stuarts
tried
political
enemies
george
iii
tried
colonists
tumultuous
decades
crown
began
disarm
inhabitants
rebellious
areas
provoked
polemical
reactions
americans
invoking
rights
englishmen
keep
arms
new
york
article
april
said
natural
right
people
reserved
confirmed
bill
rights
keep
arms
defence
journal
times
mar
new
york
journal
supp
apr
boston
military
rule
dickerson
ed
see
also
shippen
boston
gazette
writings
samuel
adams
cushing
ed
understood
right
enable
individuals
defend
important
early
american
edition
blackstone
commentaries
law
professor
former
antifederalist
george
tucker
made
clear
notes
description
arms
right
americans
understood
right
permitting
citizen
repe
force
force
intervention
society
behalf
may
late
prevent
injury
blackstone
commentaries
hereinafter
tucker
blackstone
see
also
duer
outlines
constitutional
jurisprudence
seems
us
doubt
basis
text
history
second
amendment
conferred
individual
right
keep
bear
arms
course
right
unlimited
first
amendment
right
free
speech
see
williams
thus
read
second
amendment
protect
right
citizens
carry
arms
sort
confrontation
read
first
amendment
protect
right
citizens
speak
purpose
turning
limitations
upon
individual
right
however
must
determine
whether
prefatory
clause
second
amendment
comports
interpretation
operative
clause
prefatory
clause
prefatory
clause
reads
well
regulated
militia
necessary
security
free
state
militia
miller
explained
militia
comprised
males
physically
capable
acting
concert
common
defense
definition
comports
sources
see
webster
militia
country
able
bodied
men
organized
companies
regiments
brigades
required
law
attend
military
exercises
certain
days
times
left
pursue
usual
occupations
federalist
pp
wright
ed
madison
near
half
million
citizens
arms
hands
letter
destutt
de
tracy
portable
thomas
jefferson
peterson
ed
militia
state
say
every
man
able
bear
arms
petitioners
take
seemingly
narrower
view
militia
stating
ilitias
military
forces
described
militia
clauses
art
cls
brief
petitioners
although
agree
petitioners
interpretive
assumption
militia
means
thing
article
second
amendment
believe
petitioners
identify
wrong
thing
namely
organized
militia
unlike
armies
navies
congress
given
power
create
raise
armies
provide
navy
art
cls
militia
assumed
article
already
existence
congress
given
power
provide
calling
forth
militia
cl
power
create
organiz
organize
militia
one
expect
militia
federal
creation
organize
militia
connoting
body
already
existence
cl
fully
consistent
ordinary
definition
militia
men
pool
congress
plenary
power
organize
units
make
effective
fighting
force
congress
first
militia
act
specified
every
free
white
male
citizen
respective
resident
therein
shall
age
eighteen
years
age
years
except
herein
excepted
shall
severally
respectively
enrolled
militia
act
may
stat
sure
congress
need
conscript
every
man
militia
nothing
article
suggests
exercising
power
organize
discipline
arm
militia
congress
must
focus
upon
entire
body
although
militia
consists
men
federally
organized
militia
may
consist
subset
finally
adjective
implies
nothing
imposition
proper
discipline
training
see
johnson
regulate
adjust
rule
method
rawle
cf
va
declaration
rights
thorpe
referring
militia
composed
body
people
trained
arms
security
free
state
phrase
security
free
state
meant
security
free
polity
security
several
dissent
argued
see
joseph
story
wrote
treatise
constitution
word
used
various
senses
enlarged
sense
means
people
composing
particular
nation
community
story
see
also
reference
second
amendment
prefatory
clause
militia
natural
defence
free
country
true
term
state
elsewhere
constitution
refers
individual
phrase
security
free
state
close
variations
seem
terms
art
political
discourse
meaning
free
polity
see
volokh
necessary
security
free
state
notre
dame
rev
see
blackstone
brutus
essay
iii
essential
antifederalist
allen
lloyd
ed
moreover
instances
state
constitution
typically
accompanied
modifiers
making
clear
reference
several
state
several
state
state
particular
one
state
state
presence
term
foreign
state
article
article
iii
shows
word
state
single
meaning
constitution
many
reasons
militia
thought
necessary
security
free
state
see
story
first
course
useful
repelling
invasions
suppressing
insurrections
second
renders
large
standing
armies
unnecessary
argument
alexander
hamilton
made
favor
federal
control
militia
federalist
pp
wright
ed
hamilton
third
men
nation
trained
arms
organized
better
able
resist
tyranny
relationship
prefatory
clause
operative
clause
reach
question
preface
fit
operative
clause
creates
individual
right
keep
bear
arms
fits
perfectly
one
knows
history
founding
generation
knew
described
history
showed
way
tyrants
eliminated
militia
consisting
men
banning
militia
simply
taking
away
people
arms
enabling
select
militia
standing
army
suppress
political
opponents
occurred
england
prompted
codification
right
arms
english
bill
rights
debate
respect
right
keep
bear
arms
guarantees
bill
rights
whether
desirable
agreed
whether
needed
codified
constitution
ratification
debates
fear
federal
government
disarm
people
order
impose
rule
standing
army
select
militia
pervasive
antifederalist
rhetoric
see
letters
federal
farmer
iii
complete
storing
ed
john
smilie
example
worried
congress
command
militia
used
create
select
militia
militia
also
separate
concern
hen
select
militia
formed
people
general
may
disarmed
documentary
history
ratification
constitution
jensen
ed
hereinafter
documentary
federalists
responded
congress
given
power
abridge
ancient
right
individuals
keep
bear
arms
force
never
oppress
people
see
pennsylvanian
iii
origin
second
amendment
young
ed
hereinafter
young
white
citizens
virginia
citizen
america
remarks
amendments
federal
constitution
understood
across
political
spectrum
right
helped
secure
ideal
citizen
militia
might
necessary
oppose
oppressive
military
force
constitutional
order
broke
therefore
entirely
sensible
second
amendment
prefatory
clause
announces
purpose
right
codified
prevent
elimination
militia
prefatory
clause
suggest
preserving
militia
reason
americans
valued
ancient
right
undoubtedly
thought
even
important
hunting
threat
new
federal
government
destroy
citizens
militia
taking
away
arms
reason
right
unlike
english
rights
codified
written
constitution
justice
breyer
assertion
individual
merely
subsidiary
interest
right
keep
bear
arms
see
post
profoundly
mistaken
bases
assertion
solely
upon
prologue
show
little
right
codification
central
component
right
besides
ignoring
historical
reality
second
amendment
intended
lay
novel
principl
rather
codified
right
inherited
english
ancestors
robertson
baldwin
petitioners
interpretation
even
achieve
narrower
purpose
prompted
codification
right
believe
second
amendment
right
right
keep
use
weapons
member
organized
militia
see
brief
petititioners
organized
militia
sole
institutional
beneficiary
second
amendment
guarantee
assure
existence
citizens
militia
safeguard
tyranny
congress
retains
plenary
authority
organize
militia
must
include
authority
say
belong
organized
first
militia
act
requirement
whites
enroll
caused
amend
militia
laws
exclude
free
blacks
see
siegel
federal
government
power
enact
laws
nw
rev
thus
petitioners
correct
second
amendment
protects
citizens
right
use
gun
organization
congress
plenary
authority
exclude
guarantees
select
militia
sort
stuart
kings
found
useful
people
militia
concern
founding
generation
interpretation
confirmed
analogous
rights
state
constitutions
preceded
immediately
followed
adoption
second
amendment
four
adopted
analogues
federal
second
amendment
period
independence
ratification
bill
rights
two
pennsylvania
vermont
clearly
adopted
individual
rights
unconnected
militia
service
pennsylvania
declaration
rights
said
people
right
bear
arms
defence
state
thorpe
emphasis
added
vermont
adopted
identical
provision
except
inconsequential
differences
punctuation
capitalization
see
vt
ch
north
carolina
also
codified
right
bear
arms
people
right
bear
arms
defence
state
declaration
rights
plausibly
read
support
right
bear
arms
militia
peculiar
way
make
point
constitution
elsewhere
repeatedly
mentions
militia
explicitly
see
many
colonial
statutes
required
individual
reasons
georgia
law
security
defence
province
internal
dangers
insurrections
required
men
qualified
militia
duty
individually
carry
fire
arms
places
public
worship
colonial
records
state
georgia
candler
ed
pt
emphasis
added
broad
understanding
connotation
given
north
carolina
right
state
see
state
huntly
ired
massachusetts
constitution
presented
another
variation
theme
people
right
keep
bear
arms
common
defence
pt
first
art
xvii
thorpe
one
gives
narrow
meaning
phrase
common
defence
thought
limit
right
bearing
arms
military
force
state
highest
thought
otherwise
writing
libel
case
chief
justice
parker
wrote
liberty
press
unrestrained
used
responsible
cases
abuse
like
right
keep
fire
arms
protect
uses
annoyance
destruction
commonwealth
blanding
mass
analogy
makes
sense
firearms
used
individual
purpose
see
also
kates
handgun
prohibition
original
meaning
second
amendment
rev
courts
never
read
common
defence
limit
use
weapons
militia
service
therefore
believe
likely
reading
four
amendment
state
constitutional
provisions
secured
individual
right
bear
arms
defensive
purposes
include
rights
bear
arms
constitutions
although
virginia
second
amendment
analogue
proposed
unsuccessfully
thomas
jefferson
read
freeman
shall
ever
debarred
use
arms
within
lands
tenements
papers
thomas
jefferson
boyd
ed
nine
adopted
second
amendment
analogues
four
kentucky
ohio
indiana
missouri
referred
right
people
bear
arms
defence
state
see
supra
another
three
mississippi
connecticut
alabama
used
even
individualistic
phrasing
citizen
right
bear
arms
defence
state
see
ibid
finally
two
tennessee
maine
used
common
defence
language
massachusetts
see
tenn
art
xi
thorpe
art
nine
state
constitutional
protections
right
bear
arms
enacted
immediately
least
seven
unequivocally
protected
individual
citizen
right
strong
evidence
founding
generation
conceived
right
one
possible
exception
discuss
part
courts
commentators
interpreted
state
constitutional
provisions
protect
individual
right
use
arms
see
supra
simpson
state
yer
historical
narrative
petitioners
must
endorse
thus
treat
federal
second
amendment
odd
outlier
protecting
right
unknown
state
constitutions
english
common
law
based
little
overreading
prefatory
clause
justice
stevens
relies
drafting
history
second
amendment
various
proposals
state
conventions
debates
congress
dubious
rely
history
interpret
text
widely
understood
codify
right
rather
fashion
new
one
even
assuming
legislative
history
relevant
justice
stevens
flatly
misreads
historical
record
true
justice
stevens
says
concern
federal
government
abolish
institution
state
militia
see
post
concern
found
expression
however
various
second
amendment
precursors
proposed
state
conventions
separate
structural
provisions
given
concurrent
seemingly
authority
organize
discipline
arm
militia
federal
government
failed
see
veit
virginia
proposal
eliot
debates
several
state
conventions
adoption
federal
constitution
ed
reprinted
north
carolina
proposal
see
also
documentary
hist
pennsylvania
minority
proposal
second
amendment
precursors
contrast
referred
individual
english
right
already
codified
two
probably
four
state
constitutions
first
congress
chose
reject
virtually
major
structural
revisions
favored
antifederalists
including
proposed
militia
amendments
rather
adopted
primarily
popular
uncontroversial
though
federalists
view
unnecessary
amendments
second
amendment
right
protecting
individuals
liberty
keep
carry
arms
nothing
assuage
antifederalists
concerns
federal
control
militia
see
centinel
revived
xxix
philadelphia
independent
gazetteer
young
justice
stevens
thinks
significant
virginia
new
york
north
carolina
second
amendment
proposals
embedded
within
group
principles
distinctly
military
meaning
statements
danger
standing
armies
post
highly
influential
minority
proposal
pennsylvania
yet
proposal
reference
hunting
plainly
referred
individual
right
see
documentary
hist
erroneous
point
justice
stevens
brought
forward
absolutely
evidence
proposals
conferred
right
carry
arms
militia
contrast
new
hampshire
proposal
pennsylvania
minority
proposal
samuel
adams
proposal
massachusetts
unequivocally
referred
individual
rights
two
state
constitutional
provisions
time
see
veit
new
hampshire
proposal
documentary
hist
kaminski
saladino
eds
samuel
adams
proposal
justice
stevens
view
thus
relies
proposition
unsupported
evidence
different
people
founding
period
vastly
different
conceptions
right
keep
bear
arms
simply
comport
longstanding
view
bill
rights
codified
venerable
widely
understood
liberties
address
second
amendment
interpreted
immediately
ratification
end
century
proceeding
however
take
issue
justice
stevens
equating
sources
postenactment
legislative
history
comparison
betrays
fundamental
misunderstanding
interpretive
task
see
post
legislative
history
course
refers
statements
drafted
voted
law
considered
persuasive
reflect
general
understanding
disputed
terms
legislators
heard
read
statements
presumably
voted
understanding
ibid
postenactment
legislative
history
deprecatory
contradiction
terms
refers
statements
drafted
voted
law
made
enactment
hence
effect
congressional
vote
certainly
refer
examination
variety
legal
sources
determine
public
understanding
legal
text
period
enactment
ratification
sort
inquiry
critical
tool
constitutional
interpretation
show
virtually
interpreters
second
amendment
century
enactment
interpreted
amendment
commentary
three
important
legal
scholars
interpreted
second
amendment
published
writings
three
understood
protect
individual
right
unconnected
militia
service
george
tucker
version
blackstone
commentaries
explained
conceived
blackstonian
arms
right
necessary
equated
right
absent
religious
restrictions
second
amendment
see
tucker
blackstone
note
entitled
view
constitution
tucker
elaborated
second
amendment
may
considered
true
palladium
liberty
right
first
law
nature
governments
study
rulers
confine
right
within
narrowest
limits
possible
wherever
standing
armies
kept
right
people
keep
bear
arms
colour
pretext
whatsoever
prohibited
liberty
already
annihilated
brink
destruction
app
ellipsis
original
believed
english
game
laws
abridged
right
prohibiting
keeping
gun
engine
destruction
game
ibid
see
also
nn
later
grouped
right
individual
rights
included
first
amendment
said
law
passed
congress
prohibiting
rights
province
judiciary
pronounce
whether
act
constitutional
acquit
accused
app
unlikely
tucker
referring
person
accused
violating
law
making
crime
bear
arms
state
william
rawle
prominent
lawyer
member
pennsylvania
assembly
ratified
bill
rights
published
influential
treatise
analyzed
second
amendment
follows
first
principle
declaration
well
regulated
militia
necessary
security
free
state
proposition
dissent
corollary
first
position
right
people
keep
bear
arms
shall
infringed
prohibition
general
clause
constitution
rule
construction
conceived
give
congress
power
disarm
people
flagitious
attempt
made
general
pretence
state
legislature
blind
pursuit
inordinate
power
either
attempt
amendment
may
appealed
restraint
rawle
like
tucker
rawle
regarded
english
game
laws
violating
right
codified
second
amendment
see
rawle
clearly
differentiated
people
right
bear
arms
service
militia
people
permitted
accustomed
bear
arms
rudiments
militia
properly
consists
armed
citizens
divided
military
bands
instructed
least
part
use
arms
purposes
war
rawle
said
second
amendment
right
abused
disturbance
public
peace
assembling
armed
individuals
unlawful
purpose
statements
make
sense
right
extend
individual
purpose
joseph
story
published
famous
commentaries
constitution
justice
stevens
suggests
much
whisper
story
explanation
second
amendment
favors
view
post
wrong
story
explained
english
bill
rights
also
included
right
bear
arms
right
discussed
nothing
militia
service
story
equated
english
right
second
amendment
similar
provision
second
amendment
favour
protestants
confined
found
bill
rights
declared
subjects
protestants
may
arms
defence
suitable
condition
allowed
law
various
pretences
effect
provision
greatly
narrowed
present
england
nominal
real
defensive
privilege
footnotes
omitted
comparison
declaration
right
make
sense
second
amendment
right
right
use
gun
militia
plainly
english
right
protected
tennessee
recognized
years
story
wrote
commentaries
passage
story
shows
clearly
right
intended
guaranteed
exercised
enjoyed
citizen
soldier
defense
solely
political
rights
andrews
state
story
commentaries
also
cite
support
tucker
rawle
clearly
viewed
right
unconnected
militia
service
see
story
addition
shorter
work
story
wrote
one
ordinary
modes
tyrants
accomplish
purposes
without
resistance
disarming
people
making
offence
keep
arms
substituting
regular
army
stead
resort
militia
familiar
exposition
constitution
reprinted
antislavery
advocates
routinely
invoked
right
bear
arms
joel
tiffany
example
citing
blackstone
description
right
wrote
right
keep
bear
arms
also
implies
right
use
necessary
self
defence
without
right
use
guaranty
hardly
worth
paper
consumed
treatise
unconstitutionality
american
slavery
see
also
spooner
unconstitutionality
slavery
right
enables
personal
defence
famous
senate
speech
bleeding
kansas
conflict
charles
sumner
proclaimed
rifle
ever
companion
pioneer
god
tutelary
protector
red
man
beast
forest
never
efficient
weapon
needed
kansas
least
one
article
national
constitution
must
blotted
complete
right
way
impeached
yet
madness
hour
defiance
solemn
guarantee
embodied
amendments
constitution
right
people
keep
bear
arms
shall
infringed
people
kansas
arraigned
keeping
bearing
senator
south
carolina
face
say
openly
floor
disarmed
course
fanatics
slavery
allies
constituents
may
meet
impediment
crime
kansas
may
american
speeches
political
oratory
revolution
civil
war
found
one
early
commentator
clearly
conditioned
right
keep
bear
arms
upon
service
militia
recognized
prevailing
view
contrary
provision
constitution
declaring
right
people
keep
bear
arms
probably
intended
apply
right
people
bear
arms
purposes
prevent
congress
legislatures
different
enacting
laws
prevent
citizens
always
going
armed
different
construction
however
given
oliver
rights
american
citizen
war
case
law
cases
interpreted
second
amendment
universally
support
individual
right
unconnected
militia
service
houston
moore
wheat
held
concurrent
power
militia
least
congress
agreeing
dissent
organize
discipline
arm
militia
absence
conflicting
federal
regulation
justice
story
said
second
amendment
may
perhaps
thought
important
bearing
point
confirms
illustrates
rather
impugns
reasoning
already
suggested
course
amendment
simply
protect
ed
right
people
several
maintain
militia
post
stevens
dissenting
enormous
obvious
bearing
point
story
derived
power
militia
nonexclusive
nature
federal
power
second
amendment
whose
preamble
merely
confirms
illustrates
importance
militia
even
clearer
justice
baldwin
famous
case
johnson
tompkins
cas
cc
baldwin
sitting
circuit
judge
cited
second
amendment
pennsylvania
analogue
conclusion
citizen
right
carry
arms
defence
property
person
use
either
assailed
force
numbers
violence
made
necessary
protection
safety
either
many
early
state
cases
indicated
second
amendment
right
bear
arms
individual
right
unconnected
militia
service
though
subject
certain
restrictions
virginia
case
holding
constitution
extend
free
blacks
explained
numerous
restrictions
imposed
blacks
statute
book
many
inconsistent
letter
spirit
constitution
state
respects
free
whites
demonstrate
instruments
considered
extend
equally
classes
population
instance
restriction
upon
migration
free
blacks
state
upon
right
bear
arms
aldridge
commonwealth
cas
claim
obviously
blacks
prevented
carrying
guns
see
also
waters
state
gill
md
free
blacks
treated
dangerous
population
laws
passed
prevent
migration
state
make
unlawful
bear
arms
guard
even
religious
assemblages
peculiar
watchfulness
decision
michigan
said
constitution
also
grants
citizen
right
keep
bear
arms
grant
privilege
construed
right
keeps
gun
destroy
neighbor
rights
intended
granted
constitution
unlawful
unjustifiable
purpose
sheldon
transactions
territory
michigan
blume
ed
hereinafter
blume
possible
read
discussing
anything
individual
right
unconnected
militia
service
militia
service
limitation
upon
unlawful
unjustifiable
purpose
nonmilitary
purpose
whatsoever
nunn
state
georgia
construed
second
amendment
protecting
natural
right
therefore
struck
ban
carrying
pistols
openly
opinion
perfectly
captured
way
operative
clause
second
amendment
furthers
purpose
announced
prefatory
clause
continuity
english
right
right
whole
people
old
young
men
women
boys
militia
keep
bear
arms
every
description
merely
used
militia
shall
infringed
curtailed
broken
upon
smallest
degree
important
end
attained
rearing
qualifying
militia
vitally
necessary
security
free
state
opinion
law
state
federal
repugnant
constitution
void
contravenes
right
originally
belonging
forefathers
trampled
foot
charles
two
wicked
sons
successors
revolution
conveyed
land
liberty
colonists
finally
incorporated
conspicuously
magna
charta
likewise
state
chandler
la
ann
louisiana
held
citizens
right
carry
arms
openly
right
guaranteed
constitution
calculated
incite
men
manly
noble
defence
necessary
country
without
tendency
secret
advantages
unmanly
assassinations
believe
second
amendment
preserves
right
place
great
reliance
tennessee
decision
aymette
state
case
stand
broad
proposition
fact
case
mention
word
militia
except
quoting
second
amendment
aymette
held
state
constitutional
guarantee
right
bear
arms
prohibit
banning
concealed
weapons
opinion
first
recognized
state
right
federal
right
descendents
english
right
erroneously
contrary
virtually
authorities
read
right
refer
protect
ion
public
liberty
keep
ing
awe
power
adopted
sort
middle
position
whereby
citizens
permitted
carry
arms
openly
unconnected
service
formal
militia
given
right
use
military
purpose
banding
together
oppose
tyranny
odd
reading
right
sure
one
adopt
petitioners
reading
either
importantly
seven
years
earlier
tennessee
treated
state
constitutional
provision
conferring
right
free
citizens
state
keep
bear
arms
defence
simpson
years
later
held
keep
portion
state
constitutional
right
included
right
personal
right
keep
arms
involves
necessarily
right
use
arms
ordinary
purposes
ordinary
modes
usual
country
arms
adapted
limited
duties
good
citizen
times
peace
andrews
see
also
ibid
equating
state
provision
second
amendment
war
legislation
aftermath
civil
war
outpouring
discussion
second
amendment
congress
public
discourse
people
debated
whether
secure
constitutional
rights
newly
free
slaves
see
generally
halbrook
freedmen
fourteenth
amendment
right
bear
arms
hereinafter
halbrook
brief
institute
justice
amicus
curiae
since
discussions
took
place
years
ratification
second
amendment
provide
much
insight
original
meaning
earlier
sources
yet
born
educated
early
century
faced
widespread
effort
limit
arms
ownership
large
number
citizens
understanding
origins
continuing
significance
amendment
instructive
blacks
routinely
disarmed
southern
civil
war
opposed
injustices
frequently
stated
infringed
blacks
constitutional
right
keep
bear
arms
needless
say
claim
blacks
prohibited
carrying
arms
organized
state
militia
report
commission
freedmen
bureau
stated
plainly
civil
law
kentucky
prohibits
colored
man
bearing
arms
arms
taken
civil
authorities
thus
right
people
keep
bear
arms
provided
constitution
infringed
exec
doc
joint
congressional
report
decried
parts
south
carolina
armed
parties
without
proper
authority
engaged
seizing
found
hands
freemen
conduct
clear
direct
violation
personal
rights
guaranteed
constitution
declares
right
people
keep
bear
arms
shall
infringed
freedmen
south
carolina
shown
peaceful
orderly
conduct
safely
trusted
need
kill
game
subsistence
protect
crops
destruction
birds
animals
joint
comm
reconstruction
pt
proposed
circular
brigadier
general
saxton
view
expressed
statements
widely
reported
apparently
widely
held
example
editorial
loyal
georgian
augusta
february
assured
blacks
men
without
distinction
color
right
keep
bear
arms
defend
homes
families
halbrook
congress
enacted
freedmen
bureau
act
july
section
stated
right
full
equal
benefit
laws
proceedings
concerning
personal
liberty
personal
security
acquisition
enjoyment
disposition
estate
real
personal
including
constitutional
right
bear
arms
shall
secured
enjoyed
citizens
without
respect
race
color
previous
condition
slavery
stat
understanding
second
amendment
gave
freed
blacks
right
keep
bear
arms
reflected
congressional
discussion
bill
even
opponent
saying
founding
generation
every
man
bearing
arms
keeping
house
castle
defense
cong
globe
davis
similar
discussion
attended
passage
civil
rights
act
fourteenth
amendment
example
representative
butler
said
act
section
eight
intended
enforce
constitutional
provision
guaranteeing
right
citizen
bear
arms
provides
whoever
shall
take
away
force
violence
threats
intimidation
arms
weapons
person
may
defense
shall
deemed
guilty
larceny
pp
respect
proposed
amendment
senator
pomeroy
described
one
three
indispensable
safeguards
liberty
constitution
man
right
bear
arms
defense
family
homestead
cong
globe
representative
nye
thought
fourteenth
amendment
unnecessary
citizens
blacks
equal
right
protection
keep
bear
arms
plainly
understanding
war
congress
second
amendment
protected
individual
right
use
arms
war
commentators
every
legal
scholar
read
interpreted
second
amendment
secure
individual
right
unconnected
militia
service
famous
judge
professor
thomas
cooley
wrote
massively
popular
treatise
constitutional
limitations
concerning
second
amendment
said
among
defences
personal
liberty
mentioned
right
people
keep
bear
arms
alternative
standing
army
militia
exist
unless
people
trained
bearing
arms
far
power
legislature
regulate
right
shall
undertake
say
happily
little
occasion
discuss
subject
courts
cooley
understood
right
connected
militia
service
securing
militia
ensuring
populace
familiar
arms
made
even
clearer
work
general
principles
constitutional
law
second
amendment
said
adopted
modification
enlargement
english
bill
rights
stood
protest
arbitrary
action
overturned
dynasty
disarming
people
section
entitled
right
general
continued
might
supposed
phraseology
provision
right
keep
bear
arms
guaranteed
militia
interpretation
warranted
intent
militia
elsewhere
explained
consists
persons
law
liable
performance
military
duty
officered
enrolled
service
called
upon
law
may
make
provision
enrolment
fit
perform
military
duty
small
number
may
wholly
omit
make
provision
right
limited
enrolled
purpose
guaranty
might
defeated
altogether
action
neglect
act
government
meant
hold
check
meaning
provision
undoubtedly
people
militia
must
taken
shall
right
keep
bear
arms
need
permission
regulation
law
purpose
enables
government
militia
bear
arms
implies
something
mere
keeping
implies
learning
handle
use
way
makes
keep
ready
efficient
use
words
implies
right
meet
voluntary
discipline
arms
observing
laws
public
order
war
sources
found
concurred
cooley
one
example
decade
convey
general
flavor
purpose
second
amendment
secure
militia
militia
useless
unless
citizens
enabled
exercise
use
warlike
weapons
preserve
privilege
secure
people
ability
oppose
military
force
usurpations
government
well
enemies
without
government
forbidden
law
proceeding
invade
destroy
right
keep
bear
arms
clause
analogous
one
securing
freedom
speech
press
freedom
license
secured
fair
use
libellous
abuse
protected
pomeroy
introduction
constitutional
law
hereinafter
pomeroy
constitution
constitutions
several
terms
less
comprehensive
declare
right
people
keep
bear
arms
subject
grave
discussion
state
courts
whether
statute
prohibiting
persons
journey
travellers
wearing
carrying
concealed
weapons
constitutional
great
difference
opinion
question
kent
commentaries
american
law
holmes
ed
hereinafter
kent
general
knowledge
firearms
important
public
welfare
impossible
case
war
organize
promptly
efficient
force
volunteers
unless
people
familiarity
weapons
war
constitution
secures
right
people
keep
bear
arms
doubt
citizen
keeps
gun
pistol
judicious
precautions
practices
safe
places
use
due
time
teaches
sons
exercises
individual
right
doubt
person
whose
residence
duties
involve
peculiar
peril
may
keep
pistol
prudent
abbott
judge
jury
popular
explanation
leading
topics
law
land
hereinafter
abbott
right
bear
arms
always
distinctive
privilege
freemen
aside
necessity
person
represents
among
nations
power
coupled
exercise
certain
jurisdiction
necessary
right
bear
arms
granted
constitution
always
existed
ordronaux
constitutional
legislation
ask
whether
precedents
forecloses
conclusions
reached
meaning
second
amendment
cruikshank
course
vacating
convictions
members
white
mob
depriving
blacks
right
keep
bear
arms
held
second
amendment
force
apply
anyone
federal
government
opinion
explained
right
right
granted
constitution
manner
dependent
upon
instrument
existence
second
amendment
means
shall
infringed
congress
said
free
restrict
protect
right
police
powers
limited
discussion
second
amendment
cruikshank
supports
anything
interpretation
claim
cruikshank
victims
deprived
right
carry
arms
militia
indeed
governor
disbanded
local
militia
unit
year
mob
attack
see
lane
day
freedom
died
described
right
protected
second
amendment
arms
lawful
said
people
must
look
protection
violation
rights
recognizes
police
power
discussion
makes
little
sense
right
bear
arms
state
presser
illinois
held
right
keep
bear
arms
violated
law
forbade
bodies
men
associate
together
military
organizations
drill
parade
arms
cities
towns
unless
authorized
law
refute
interpretation
amendment
one
supporting
interpretation
contended
may
ban
groups
justice
stevens
presses
presser
service
support
view
right
bear
arms
limited
service
militia
joining
presser
brief
discussion
second
amendment
later
portion
opinion
making
seemingly
relevant
second
amendment
point
plaintiff
member
state
militia
unfortunately
justice
stevens
argument
later
portion
deals
fourteenth
amendment
fourteenth
amendment
plaintiff
nonmembership
militia
relevant
thus
justice
stevens
statement
presser
suggested
nothing
constitution
protected
use
arms
outside
context
militia
post
simply
wrong
presser
said
nothing
second
amendment
meaning
scope
beyond
fact
prevent
prohibition
private
paramilitary
organizations
justice
stevens
places
overwhelming
reliance
upon
decision
miller
undreds
judges
told
relied
view
amendment
endorsed
post
ven
textual
historical
arguments
side
issue
evenly
balanced
respect
views
predecessors
rule
law
prevent
jurists
endorsing
dramatic
upheaval
law
post
according
justice
stevens
holding
miller
demands
obeisance
second
amendment
protects
right
keep
bear
arms
certain
military
purposes
curtail
legislature
power
regulate
nonmilitary
use
ownership
weapons
post
nothing
clearly
demonstrates
weakness
justice
stevens
case
miller
hold
possibly
read
held
judgment
case
upheld
second
amendment
challenge
two
men
federal
convictions
transporting
unregistered
shotgun
interstate
commerce
violation
national
firearms
act
stat
entirely
clear
basis
saying
second
amendment
apply
defendants
bear
ing
arms
military
purposes
nonmilitary
use
post
rather
type
weapon
issue
eligible
second
amendment
protection
absence
evidence
tending
show
possession
use
shotgun
time
reasonable
relationship
preservation
efficiency
well
regulated
militia
say
second
amendment
guarantees
right
keep
bear
instrument
emphasis
added
certainly
continued
within
judicial
notice
weapon
part
ordinary
military
equipment
use
contribute
common
defense
ibid
beyond
opinion
provided
explanation
content
right
holding
consistent
positively
suggests
second
amendment
confers
individual
right
keep
bear
arms
though
arms
reasonable
relationship
preservation
efficiency
well
regulated
militia
believed
second
amendment
protects
serving
militia
odd
examine
character
weapon
rather
simply
note
two
crooks
militiamen
justice
stevens
say
miller
turn
difference
muskets
shotguns
turned
rather
basic
difference
military
nonmilitary
use
possession
guns
post
words
opinion
prove
otherwise
justice
stevens
plausibly
claim
miller
declined
decide
nature
second
amendment
right
despite
solicitor
general
argument
made
alternative
right
collective
see
brief
pp
miller
stands
proposition
second
amendment
right
whatever
nature
extends
certain
types
weapons
particularly
wrongheaded
read
miller
said
case
even
purport
thorough
examination
second
amendment
justice
stevens
claims
post
opinion
reached
conclusion
fter
reviewing
many
sources
discussed
greater
length
today
many
entirely
fault
respondent
made
appearance
case
neither
filing
brief
appearing
oral
argument
heard
one
government
reason
enough
one
think
make
case
beginning
end
consideration
second
amendment
see
frye
peculiar
story
miller
liberty
government
brief
spent
two
pages
discussing
english
legal
sources
concluding
least
carrying
weapons
without
lawful
occasion
excuse
always
crime
restrictions
prohibition
terrorizing
people
dangerous
unusual
weapons
early
english
law
guarantee
unrestricted
right
bear
arms
brief
went
rely
primarily
discussion
english
right
bear
arms
aymette
state
proposition
uses
arms
protected
second
amendment
relate
militia
see
brief
final
section
brief
recognized
courts
said
right
bear
arms
includes
right
individual
protection
person
property
launched
alternative
argument
weapons
commonly
used
criminals
shotguns
protected
see
government
miller
brief
thus
provided
scant
discussion
history
second
amendment
presented
counterdiscussion
text
opinion
discusses
none
history
second
amendment
assumes
prologue
amendment
designed
preserve
militia
dispute
reviews
historical
materials
dealing
nature
militia
particular
nature
arms
members
expected
possess
word
word
history
second
amendment
mighty
rock
upon
dissent
rests
may
well
consider
point
consider
eventually
types
weapons
miller
permits
read
isolation
miller
phrase
part
ordinary
military
equipment
mean
weapons
useful
warfare
protected
startling
reading
opinion
since
mean
national
firearms
act
restrictions
machineguns
challenged
miller
might
unconstitutional
machineguns
useful
warfare
think
miller
ordinary
military
equipment
language
must
read
tandem
comes
rdinarily
called
militia
service
men
expected
appear
bearing
arms
supplied
kind
common
use
time
traditional
militia
formed
pool
men
bringing
arms
common
use
time
lawful
purposes
like
colonial
revolutionary
war
era
weapons
used
militiamen
weapons
used
defense
person
home
one
state
kessler
citing
neumann
swords
blades
american
revolution
indeed
precisely
way
second
amendment
operative
clause
furthers
purpose
announced
preface
therefore
read
miller
say
second
amendment
protect
weapons
typically
possessed
citizens
lawful
purposes
shotguns
accords
historical
understanding
scope
right
see
part
iii
conclude
nothing
precedents
forecloses
adoption
original
understanding
second
amendment
unsurprising
significant
matter
long
judicially
unresolved
history
bill
rights
thought
applicable
federal
government
significantly
regulate
possession
firearms
citizens
provisions
bill
rights
similarly
remained
unilluminated
lengthy
periods
first
held
law
violate
first
amendment
guarantee
freedom
speech
almost
years
amendment
ratified
see
near
minnesota
ex
rel
olson
world
war
ii
held
law
invalid
establishment
clause
see
illinois
ex
rel
mccollum
board
ed
school
dist
champaign
even
question
basic
scope
proscribable
libel
addressed
nearly
two
centuries
founding
see
new
york
times
sullivan
demonstrably
true
justice
stevens
claims
post
history
invalidity
objections
firearms
regulations
well
settled
uncontroversial
history
question
present
iii
like
rights
right
secured
second
amendment
unlimited
blackstone
cases
commentators
courts
routinely
explained
right
right
keep
carry
weapon
whatsoever
manner
whatsoever
whatever
purpose
see
sheldon
blume
rawle
pomeroy
abbott
example
majority
courts
consider
question
held
prohibitions
carrying
concealed
weapons
lawful
second
amendment
state
analogues
see
state
chandler
la
nunn
state
see
generally
kent
american
students
blackstone
chase
ed
although
undertake
exhaustive
historical
analysis
today
full
scope
second
amendment
nothing
opinion
taken
cast
doubt
longstanding
prohibitions
possession
firearms
felons
mentally
ill
laws
forbidding
carrying
firearms
sensitive
places
schools
government
buildings
laws
imposing
conditions
qualifications
commercial
sale
also
recognize
another
important
limitation
right
keep
carry
arms
miller
said
explained
sorts
weapons
protected
common
use
time
think
limitation
fairly
supported
historical
tradition
prohibiting
carrying
dangerous
unusual
weapons
see
blackstone
wilson
works
honourable
james
wilson
dunlap
justice
humphreys
compendium
common
law
force
kentucky
russell
treatise
crimes
indictable
misdemeanors
stephen
summary
criminal
law
lewis
abridgment
criminal
law
wharton
treatise
criminal
law
see
also
state
langford
state
english
state
tex
state
lanier
may
objected
weapons
useful
military
service
rifles
like
may
banned
second
amendment
right
completely
detached
prefatory
clause
said
conception
militia
time
second
amendment
ratification
body
citizens
capable
military
service
bring
sorts
lawful
weapons
possessed
home
militia
duty
may
well
true
today
militia
effective
militias
century
require
sophisticated
arms
highly
unusual
society
large
indeed
may
true
amount
small
arms
useful
bombers
tanks
fact
modern
developments
limited
degree
fit
prefatory
clause
protected
right
change
interpretation
right
iv
turn
finally
law
issue
said
law
totally
bans
handgun
possession
home
also
requires
lawful
firearm
home
disassembled
bound
trigger
lock
times
rendering
inoperable
quotations
earlier
opinion
demonstrate
inherent
right
central
second
amendment
right
handgun
ban
amounts
prohibition
entire
class
arms
overwhelmingly
chosen
american
society
lawful
purpose
prohibition
extends
moreover
home
need
defense
self
family
property
acute
standards
scrutiny
applied
enumerated
constitutional
banning
home
preferred
firearm
nation
use
protection
one
home
family
fail
constitutional
muster
laws
history
nation
come
close
severe
restriction
district
handgun
ban
struck
nunn
state
georgia
struck
prohibition
carrying
pistols
openly
even
though
upheld
prohibition
carrying
concealed
weapons
see
andrews
state
tennessee
likewise
held
statute
forbade
openly
carrying
pistol
publicly
privately
without
regard
time
place
circumstances
violated
state
constitutional
provision
equated
second
amendment
even
though
statute
restrict
carrying
long
guns
ibid
see
also
state
reid
statute
pretence
regulating
amounts
destruction
right
requires
arms
borne
render
wholly
useless
purpose
defence
clearly
unconstitutional
answer
say
petitioners
permissible
ban
possession
handguns
long
possession
firearms
long
guns
allowed
enough
note
observed
american
people
considered
handgun
quintessential
weapon
many
reasons
citizen
may
prefer
handgun
home
defense
easier
store
location
readily
accessible
emergency
easily
redirected
wrestled
away
attacker
easier
use
without
strength
lift
aim
long
gun
pointed
burglar
one
hand
hand
dials
police
whatever
reason
handguns
popular
weapon
chosen
americans
home
complete
prohibition
use
invalid
must
also
address
district
requirement
applied
respondent
handgun
firearms
home
rendered
kept
inoperable
times
makes
impossible
citizens
use
core
lawful
purpose
hence
unconstitutional
district
argues
interpret
element
statute
contain
exception
see
brief
petitioners
think
precluded
unequivocal
text
presence
certain
enumerated
exceptions
except
law
enforcement
personnel
registrant
shall
keep
firearm
possession
unloaded
disassembled
bound
trigger
lock
similar
device
unless
firearm
kept
place
business
used
lawful
recreational
purposes
within
district
columbia
code
nonexistence
exception
also
suggested
appeals
statement
statute
forbids
residents
use
firearms
stop
intruders
see
mcintosh
washington
apart
challenge
handgun
ban
requirement
respondent
asked
district
enjoin
petitioners
enforcing
separate
licensing
requirement
manner
forbid
carrying
firearm
within
one
home
possessed
land
without
license
app
appeals
invalidate
licensing
requirement
held
district
may
prevent
handgun
moved
throughout
one
house
ordered
district
enter
summary
judgment
consistent
respondent
prayer
relief
petitioners
stated
handgun
ban
struck
respondent
registers
handgun
obtain
license
assuming
otherwise
disqualified
apparently
mean
felon
insane
brief
petitioners
respondent
conceded
oral
argument
problem
licensing
district
law
permissible
long
enforced
arbitrary
capricious
manner
tr
oral
arg
therefore
assume
petitioners
issuance
license
satisfy
respondent
prayer
relief
address
licensing
requirement
justice
breyer
devoted
separate
dissent
handgun
ban
says
even
assuming
second
amendment
personal
guarantee
right
bear
arms
district
prohibition
valid
first
tries
establish
historical
precedent
pointing
various
restrictive
laws
colonial
period
demonstrate
view
district
law
imposes
burden
upon
gun
owners
seems
proportionately
greater
restrictions
existence
time
second
amendment
adopted
post
laws
cites
one
offers
even
marginal
support
assertion
massachusetts
law
forbade
residents
boston
take
receive
dwelling
house
stable
barn
store
shop
building
loaded
firearms
permitted
seizure
loaded
firearms
shall
found
act
mar
ch
mass
acts
statute
text
prologue
makes
clear
purpose
prohibition
eliminate
danger
firefighters
posed
depositing
loaded
arms
buildings
give
reason
doubt
colonial
boston
authorities
enforced
general
prohibition
someone
temporarily
loaded
firearm
confront
intruder
despite
law
application
case
case
stake
interpretation
second
amendment
upon
single
law
effect
single
city
contradicts
overwhelming
weight
evidence
regarding
right
keep
bear
arms
defense
home
laws
justice
breyer
cites
laws
concedes
clearly
prohibit
loaded
weapons
required
excess
gunpowder
kept
special
container
top
floor
home
post
nothing
laws
undermines
analysis
remotely
burden
right
much
absolute
ban
handguns
correspondingly
analysis
suggest
invalidity
laws
regulating
storage
firearms
prevent
accidents
justice
breyer
points
laws
says
restricted
firing
guns
within
city
limits
least
degree
boston
philadelphia
new
york
post
citing
churchill
gun
regulation
police
power
right
keep
arms
early
america
law
hist
rev
laws
provide
support
severe
restriction
present
case
new
york
law
levied
fine
shillings
anyone
fired
gun
certain
places
including
houses
new
year
eve
first
two
days
january
aimed
preventing
great
damages
frequently
done
days
persons
going
house
house
guns
firearms
often
intoxicated
liquor
colonial
laws
new
york
inconceivable
law
enforced
person
exercising
right
new
year
day
drunken
hooligans
pennsylvania
law
justice
breyer
refers
levied
fine
shillings
one
fired
gun
set
fireworks
philadelphia
without
first
obtaining
license
governor
see
act
stat
large
given
justice
wilson
explanation
right
arms
protected
pennsylvania
constitution
unlikely
law
event
amounted
licensing
regime
enforced
person
used
firearms
justice
breyer
cites
rhode
island
law
simply
levied
fine
fired
guns
streets
taverns
law
obviously
inapplicable
case
see
act
preventing
mischief
done
town
newport
town
government
rhode
island
session
laws
finally
justice
breyer
points
massachusetts
law
similar
pennsylvania
law
prohibiting
discharg
ing
gun
pistol
charged
shot
ball
town
boston
act
may
ch
acts
laws
mass
bay
implausible
enforced
citizen
acting
particularly
given
preambulatory
reference
indiscreet
firing
guns
ibid
preamble
emphasis
added
broader
point
laws
justice
breyer
cites
punished
discharge
loading
guns
small
fine
forfeiture
weapon
cases
brief
stay
local
jail
significant
criminal
akin
modern
penalties
minor
infractions
like
speeding
jaywalking
although
laws
may
contain
exceptions
inconceivable
threat
jaywalking
ticket
deter
someone
disregarding
walk
sign
order
flee
attacker
government
enforce
laws
circumstances
likewise
think
law
imposing
fine
forfeiture
gun
prevented
person
founding
era
using
gun
protect
family
violence
law
enforced
district
law
contrast
far
imposing
minor
fine
threatens
citizens
year
prison
five
years
second
violation
even
obtaining
gun
first
place
see
code
justice
breyer
moves
make
broad
jurisprudential
point
criticizes
us
declining
establish
level
scrutiny
evaluating
second
amendment
restrictions
proposes
explicitly
least
none
traditionally
expressed
levels
strict
scrutiny
intermediate
scrutiny
rational
basis
rather
inquiry
asks
whether
statute
burdens
protected
interest
way
extent
proportion
statute
salutary
effects
upon
important
governmental
interests
post
exhaustive
discussion
arguments
gun
control
justice
breyer
arrives
answer
handgun
violence
problem
law
limited
urban
area
somewhat
similar
restrictions
founding
period
false
proposition
already
discussed
inquiry
results
constitutionality
handgun
ban
qed
know
enumerated
constitutional
right
whose
core
protection
subjected
freestanding
approach
enumeration
right
takes
hands
government
even
third
branch
government
power
decide
basis
whether
right
really
worth
insisting
upon
constitutional
guarantee
subject
future
judges
assessments
usefulness
constitutional
guarantee
constitutional
rights
enshrined
scope
understood
people
adopted
whether
future
legislatures
yes
even
future
judges
think
scope
broad
apply
approach
prohibition
peaceful
march
skokie
see
national
socialist
party
america
skokie
per
curiam
first
amendment
contains
guarantee
people
ratified
included
exceptions
obscenity
libel
disclosure
state
secrets
expression
extremely
unpopular
views
second
amendment
different
like
first
product
people
justice
breyer
conduct
anew
whatever
else
leaves
future
evaluation
surely
elevates
interests
right
responsible
citizens
use
arms
defense
hearth
home
justice
breyer
chides
us
leaving
many
applications
right
keep
bear
arms
doubt
providing
extensive
historical
justification
regulations
right
describe
permissible
see
post
since
case
represents
first
examination
second
amendment
one
expect
clarify
entire
field
reynolds
first
free
exercise
clause
case
left
area
state
utter
certainty
time
enough
expound
upon
historical
justifications
exceptions
mentioned
exceptions
come
us
sum
hold
district
ban
handgun
possession
home
violates
second
amendment
prohibition
rendering
lawful
firearm
home
operable
purpose
immediate
assuming
heller
disqualified
exercise
second
amendment
rights
district
must
permit
register
handgun
must
issue
license
carry
home
aware
problem
handgun
violence
country
take
seriously
concerns
raised
many
amici
believe
prohibition
handgun
ownership
solution
constitution
leaves
district
columbia
variety
tools
combating
problem
including
measures
regulating
handguns
see
supra
enshrinement
constitutional
rights
necessarily
takes
certain
policy
choices
table
include
absolute
prohibition
handguns
held
used
home
undoubtedly
think
second
amendment
outmoded
society
standing
army
pride
nation
police
forces
provide
personal
security
gun
violence
serious
problem
perhaps
debatable
debatable
role
pronounce
second
amendment
extinct
affirm
judgment
appeals
ordered
district
columbia
et
petitioners
dick
anthony
heller
writ
certiorari
appeals
district
columbia
circuit
june
justice
stevens
justice
souter
justice
ginsburg
justice
breyer
join
dissenting
question
presented
case
whether
second
amendment
protects
collective
right
individual
right
surely
protects
right
enforced
individuals
conclusion
second
amendment
protects
individual
right
tell
us
anything
scope
right
guns
used
hunt
commit
crimes
sporting
activities
perform
military
duties
second
amendment
plainly
protect
right
use
gun
rob
bank
equally
clear
encompass
right
use
weapons
certain
military
purposes
whether
also
protects
right
possess
use
guns
nonmilitary
purposes
like
hunting
personal
question
presented
case
text
amendment
history
decision
miller
provide
clear
answer
question
second
amendment
adopted
protect
right
people
several
maintain
militia
response
concerns
raised
ratification
constitution
power
congress
disarm
state
militias
create
national
standing
army
posed
intolerable
threat
sovereignty
several
neither
text
amendment
arguments
advanced
proponents
evidenced
slightest
interest
limiting
legislature
authority
regulate
private
civilian
uses
firearms
specifically
indication
framers
amendment
intended
enshrine
right
constitution
congress
enacted
national
firearms
act
first
major
federal
firearms
upholding
conviction
act
held
absence
evidence
tending
show
possession
use
barrel
less
eighteen
inches
length
time
reasonable
relationship
preservation
efficiency
well
regulated
militia
say
second
amendment
guarantees
right
keep
bear
instrument
miller
view
amendment
took
miller
protects
right
keep
bear
arms
certain
military
purposes
curtail
legislature
power
regulate
nonmilitary
use
ownership
weapons
natural
reading
amendment
text
interpretation
faithful
history
adoption
since
decision
miller
hundreds
judges
relied
view
amendment
endorsed
affirmed
see
lewis
new
evidence
surfaced
since
supporting
view
amendment
intended
curtail
power
congress
regulate
civilian
use
misuse
weapons
indeed
review
drafting
history
amendment
demonstrates
framers
rejected
proposals
broadened
coverage
include
uses
opinion
announces
today
fails
identify
new
evidence
supporting
view
amendment
intended
limit
power
congress
regulate
civilian
uses
weapons
unable
point
evidence
stakes
holding
strained
unpersuasive
reading
amendment
text
significantly
different
provisions
english
bill
rights
various
state
constitutions
postenactment
commentary
available
decided
miller
ultimately
feeble
attempt
distinguish
miller
places
emphasis
decisional
process
reasoning
opinion
even
textual
historical
arguments
sides
issue
evenly
balanced
respect
views
predecessors
rule
law
see
mitchell
grant
stewart
dissenting
prevent
jurists
endorsing
dramatic
upheaval
justice
cardozo
observed
years
ago
labor
judges
increased
almost
breaking
point
every
past
decision
reopened
every
case
one
lay
one
course
bricks
secure
foundation
courses
laid
others
gone
nature
judicial
process
dissent
shall
first
explain
decision
miller
faithful
text
second
amendment
purposes
revealed
drafting
history
shall
comment
postratification
history
amendment
makes
abundantly
clear
amendment
interpreted
limiting
authority
congress
regulate
use
possession
firearms
purely
civilian
purposes
text
second
amendment
brief
provides
well
regulated
militia
necessary
security
free
state
right
people
keep
bear
arms
shall
infringed
three
portions
text
merit
special
focus
introductory
language
defining
amendment
purpose
class
persons
encompassed
within
reach
unitary
nature
right
protects
well
regulated
militia
necessary
security
free
state
preamble
second
amendment
makes
three
important
points
identifies
preservation
militia
amendment
purpose
explains
militia
necessary
security
free
state
recognizes
militia
must
well
regulated
three
respects
comparable
provisions
several
state
declarations
rights
adopted
roughly
contemporaneously
declaration
state
provisions
highlight
importance
members
founding
generation
attached
maintenance
state
militias
also
underscore
profound
fear
shared
many
era
dangers
posed
standing
need
state
militias
matter
significant
public
interest
almost
two
centuries
fact
obscure
contemporary
concerns
animated
framers
parallels
second
amendment
state
declarations
second
amendment
omission
statement
purpose
related
right
use
firearms
hunting
personal
especially
striking
light
fact
declarations
rights
pennsylvania
vermont
expressly
protect
civilian
uses
time
article
xiii
pennsylvania
declaration
rights
announced
people
right
bear
arms
defence
state
schwartz
emphasis
added
declaration
assured
inhabitants
state
shall
liberty
fowl
hunt
seasonable
times
lands
hold
lands
therein
inclosed
article
xv
vermont
declaration
rights
guaranteed
hat
people
right
bear
arms
defence
state
emphasis
added
contrast
two
declarations
second
amendment
reinforces
clear
statement
purpose
announced
amendment
preamble
confirms
framers
focus
crafting
constitutional
guarantee
keep
bear
arms
military
uses
firearms
viewed
context
service
state
militias
preamble
thus
sets
forth
object
amendment
informs
meaning
remainder
text
text
treated
mere
surplusage
presumed
clause
constitution
intended
without
effect
marbury
madison
cranch
today
tries
denigrate
importance
clause
amendment
beginning
analysis
amendment
operative
provision
returning
preamble
merely
ensure
reading
operative
clause
consistent
announced
purpose
ante
ordinarily
reads
texts
preamble
viewed
time
amendment
adopted
makes
novel
suggestion
need
find
logical
connection
preamble
operative
provision
acknowledge
prefatory
clause
may
resolve
ambiguity
text
ante
without
identifying
language
text
even
mentions
civilian
uses
firearms
proceeds
find
preferred
reading
best
ambiguous
text
concludes
reading
foreclosed
preamble
perhaps
approach
text
acceptable
advocacy
surely
unusual
approach
judges
follow
right
people
centerpiece
textual
argument
insistence
words
people
used
second
amendment
must
meaning
protect
class
individuals
used
first
fourth
amendments
according
three
provisions
well
constitution
preamble
section
article
tenth
amendment
term
unambiguously
refers
members
political
community
unspecified
subset
ante
reads
second
amendment
protect
subset
significantly
narrower
class
persons
protected
first
fourth
amendments
finally
drills
substantive
meaning
second
amendment
limits
protected
class
responsible
citizens
ante
class
persons
protected
first
fourth
amendments
limited
even
felons
presumably
irresponsible
citizens
well
may
invoke
protections
constitutional
provisions
offers
way
harmonize
conflicting
pronouncements
also
overlooks
significance
way
framers
used
phrase
people
constitutional
provisions
first
amendment
words
define
class
individuals
entitled
speak
publish
worship
amendment
right
peaceably
assemble
petition
government
redress
grievances
described
right
people
rights
contemplate
collective
action
right
peaceably
assemble
protects
individual
rights
persons
participating
assembly
concern
action
engaged
members
group
rather
single
individual
likewise
although
act
petitioning
government
right
exercised
individuals
primarily
collective
nature
effective
petitions
must
involve
groups
individuals
acting
concert
similarly
words
people
second
amendment
refer
back
object
announced
amendment
preamble
remind
us
collective
action
individuals
duty
serve
militia
text
directly
protects
perhaps
importantly
ultimate
purpose
amendment
protect
share
divided
sovereignty
created
constitution
used
fourth
amendment
people
describes
class
persons
protected
unreasonable
searches
seizures
government
officials
true
fourth
amendment
describes
right
need
exercised
collective
sense
observation
settle
meaning
phrase
people
used
second
amendment
seen
phrase
means
something
quite
different
petition
assembly
clauses
first
amendment
although
abstract
definition
phrase
people
carry
meaning
second
amendment
fourth
amendment
preamble
second
amendment
suggests
uses
phrase
first
second
amendments
referring
collective
activity
way
contrast
fourth
amendment
describes
right
governmental
interference
rather
affirmative
right
engage
protected
conduct
refers
right
protect
purely
individual
interest
used
second
amendment
words
people
enlarge
right
keep
bear
arms
encompass
use
ownership
weapons
outside
context
service
militia
keep
bear
arms
although
discussion
words
treats
two
phrases
read
keep
bear
describe
unitary
right
possess
arms
needed
military
purposes
use
conjunction
military
activities
threshold
matter
worth
pausing
note
oddity
interpretation
keep
bear
arms
unlike
appeals
read
phrase
create
right
possess
arms
lawful
private
purposes
parker
district
columbia
cadc
instead
limits
amendment
protection
right
possess
carry
weapons
case
confrontation
ante
party
amicus
urged
interpretation
appears
fashioned
whole
cloth
although
novel
limitation
lacks
support
text
amendment
amendment
text
justify
different
limitation
right
keep
bear
arms
protects
right
possess
use
firearms
connection
service
militia
term
bear
arms
familiar
idiom
used
unadorned
additional
words
meaning
serve
soldier
military
service
fight
oxford
english
dictionary
ed
derived
latin
arma
ferre
translated
literally
means
bear
ferre
war
equipment
arma
brief
professors
linguistics
english
amici
curiae
one
dictionary
defined
arms
weapons
offence
armour
defence
johnson
dictionary
english
language
another
contemporaneous
source
explained
arms
understand
instruments
offence
generally
made
use
war
firearms
swords
weapons
particularly
mean
instruments
kinds
exclusive
made
use
offensive
special
occasions
trusler
distinction
words
esteemed
synonymous
english
language
framers
wished
expand
meaning
phrase
bear
arms
encompass
civilian
possession
use
done
addition
phrases
defense
done
pennsylvania
vermont
declarations
rights
unmodified
use
bear
arms
contrast
refers
naturally
military
purpose
evidenced
use
literally
dozens
contemporary
absence
reference
civilian
uses
weapons
tailors
text
amendment
purpose
identified
discussing
words
simply
ignores
preamble
argues
qualifying
phrase
contradicts
word
phrase
modifies
unknown
side
looking
glass
ante
fundamentally
fails
grasp
point
phrase
bear
arms
naturally
conveys
military
meaning
unless
addition
qualifying
phrase
signals
different
meaning
intended
case
qualifier
natural
meaning
military
one
absence
qualifier
appropriate
look
preamble
confirm
natural
meaning
objection
particularly
puzzling
light
contention
addition
modifier
changes
meaning
bear
arms
compare
ante
defining
bear
arms
mean
carrying
weapon
particular
purpose
confrontation
ante
phrase
arms
also
time
founding
idiomatic
meaning
significantly
different
natural
meaning
serve
soldier
military
service
fight
wage
war
unequivocally
bore
idiomatic
meaning
followed
preposition
citations
internal
quotation
marks
omitted
amendment
use
term
keep
way
contradicts
military
meaning
conveyed
phrase
bear
arms
amendment
preamble
contrary
number
state
militia
laws
effect
time
second
amendment
drafting
used
term
keep
describe
requirement
militia
members
store
arms
homes
ready
used
service
necessary
virginia
military
law
example
ordered
every
one
said
officers
officers
privates
shall
constantly
keep
aforesaid
arms
accoutrements
ammunition
ready
produced
whenever
called
commanding
officer
act
regulating
disciplining
militia
acts
ch
emphasis
added
eep
bear
arms
thus
perfectly
describes
responsibilities
militia
member
reading
confirmed
fact
clause
protects
one
right
rather
two
describe
right
keep
arms
separate
right
bear
arms
rather
single
right
describe
duty
right
arms
available
ready
military
service
use
military
purposes
different
language
surely
used
protect
nonmilitary
use
possession
weapons
regulation
intent
played
role
drafting
amendment
word
text
given
full
effect
amendment
naturally
read
secure
people
right
use
possess
arms
conjunction
service
militia
far
appears
contemplated
drafters
encompassed
within
terms
even
meaning
text
genuinely
susceptible
one
interpretation
burden
remain
advocating
departure
purpose
identified
preamble
settled
law
come
forward
persuasive
new
arguments
evidence
textual
analysis
offered
respondent
embraced
falls
far
short
sustaining
heavy
emphatic
reliance
claim
second
amendment
codified
right
ante
course
beside
point
right
keep
bear
arms
service
state
militia
also
right
indeed
word
constitutional
text
even
arguably
supports
overwrought
novel
description
second
amendment
elevat
ing
interests
right
responsible
citizens
use
arms
defense
hearth
home
ante
ii
proper
allocation
military
power
new
nation
issue
central
concern
framers
compromises
ultimately
reached
reflected
article
militia
clauses
second
amendment
represent
quintessential
examples
framers
splitting
atom
sovereignty
two
themes
relevant
current
interpretive
task
ran
debates
original
constitution
one
hand
widespread
fear
national
standing
army
posed
intolerable
threat
individual
liberty
sovereignty
separate
perpich
department
defense
governor
edmund
randolph
reporting
constitutional
convention
virginia
ratification
convention
explained
respect
standing
army
believe
member
federal
convention
feel
indignation
institution
elliot
debates
several
state
conventions
adoption
federal
constitution
ed
hereinafter
elliot
hand
framers
recognized
dangers
inherent
relying
inadequately
trained
militia
members
primary
means
providing
common
defense
perpich
revolutionary
war
force
though
armed
largely
untrained
deficiencies
subject
bitter
complaint
wiener
militia
clause
constitution
harv
rev
order
respond
twin
concerns
compromise
reached
congress
authorized
raise
support
national
navy
also
organize
arm
discipline
provide
calling
forth
militia
art
cls
president
time
empowered
commander
chief
army
navy
militia
several
called
actual
service
art
ii
respect
militia
significant
reservation
made
although
congress
power
call
organize
arm
discipline
militia
well
govern
part
may
employed
service
respectively
retain
right
appoint
officers
train
militia
accordance
discipline
prescribed
congress
art
cl
original
constitution
retention
militia
creation
divided
authority
body
prove
sufficient
allay
fears
dangers
posed
standing
army
perceived
article
contained
significant
gap
empowered
congress
organize
arm
discipline
militia
prevent
congress
providing
militia
disarmament
george
mason
argued
debates
virginia
ratification
original
constitution
militia
may
destroyed
method
practiced
parts
world
rendering
useless
disarming
various
pretences
congress
may
neglect
provide
arming
disciplining
militia
state
governments
congress
exclusive
right
arm
elliot
sentiment
echoed
number
state
ratification
conventions
indeed
one
primary
objections
original
constitution
voiced
opponents
ultimately
unsuccessful
persuading
state
ratification
conventions
condition
approval
constitution
upon
eventual
inclusion
particular
amendment
number
propose
first
federal
congress
amendments
reflecting
desire
ensure
institution
militia
remain
protected
new
government
proposed
amendments
sent
virginia
north
carolina
new
york
focused
importance
preserving
state
militias
reiterated
dangers
posed
standing
armies
new
hampshire
sent
proposal
differed
significantly
others
also
invoking
dangers
standing
army
suggested
constitution
broadly
protect
use
possession
weapons
without
tying
guarantee
expressly
maintenance
militia
maryland
pennsylvania
massachusetts
sent
relevant
proposed
amendments
congress
minority
delegates
advocated
related
amendments
maryland
minority
proposals
exclusively
concerned
standing
armies
conscientious
objectors
unsuccessful
proposals
massachusetts
pennsylvania
protected
broadly
worded
right
less
clearly
tied
service
state
militia
faced
options
telling
james
madison
chose
craft
second
amendment
relevant
proposals
sent
virginia
ratifying
convention
read
follows
people
right
keep
bear
arms
well
regulated
militia
composed
body
people
trained
arms
proper
natural
safe
defence
free
state
standing
armies
dangerous
liberty
therefore
avoided
far
circumstances
protection
community
admit
cases
military
strict
subordination
governed
civil
power
elliot
person
religiously
scrupulous
bearing
arms
exempted
upon
payment
equivalent
employ
another
bear
arms
stead
ibid
north
carolina
adopted
virginia
proposals
sent
congress
although
actually
ratify
original
constitution
congress
sent
proposed
bill
rights
ratification
schwartz
see
complete
bill
rights
cogan
ed
hereinafter
cogan
new
york
produced
proposal
nearly
identical
language
read
people
right
keep
bear
arms
well
regulated
militia
including
body
people
capable
bearing
arms
proper
natural
safe
defence
free
state
standing
armies
time
peace
dangerous
liberty
kept
except
cases
necessity
times
military
kept
strict
subordination
civil
power
schwartz
notably
proposals
used
phrase
keep
bear
arms
eventually
adopted
madison
proposal
embedded
phrase
within
group
principles
distinctly
military
contrast
new
hampshire
proposal
although
followed
another
proposed
amendment
echoed
familiar
concern
standing
described
protection
involved
clearly
personal
terms
proposal
read
twelfth
congress
shall
never
disarm
citizen
unless
actual
rebellion
proposals
considered
three
although
ultimately
rejected
respective
ratification
conventions
also
relevant
historical
inquiry
first
maryland
proposal
endorsed
minority
delegates
later
circulated
pamphlet
form
read
standing
army
shall
kept
time
peace
unless
consent
two
thirds
members
present
branch
congress
person
conscientiously
scrupulous
bearing
arms
case
shall
compelled
personally
serve
soldier
rejected
pennsylvania
proposal
later
incorporated
critique
constitution
titled
address
reasons
dissent
pennsylvania
minority
convention
state
pennsylvania
constituents
signed
minority
state
delegates
voted
ratification
constitution
read
people
right
bear
arms
defense
state
purpose
killing
game
law
shall
passed
disarming
people
unless
crimes
committed
real
danger
public
injury
individuals
standing
armies
time
peace
dangerous
liberty
kept
military
shall
kept
strict
subordination
governed
civil
powers
finally
delegates
massachusetts
ratification
convention
compiled
list
proposed
amendments
alterations
motion
made
add
list
following
language
hat
said
constitution
never
construed
authorize
congress
prevent
people
peaceable
citizens
keeping
arms
cogan
motion
however
failed
achieve
necessary
support
proposal
excluded
list
amendments
state
sent
congress
schwartz
madison
charged
task
assembling
proposals
amendments
sent
ratifying
principal
draftsman
second
least
aware
proposed
formulations
addition
madison
member
years
earlier
committee
tasked
drafting
virginia
declaration
rights
committee
considered
proposal
thomas
jefferson
included
within
virginia
declaration
following
language
freeman
shall
ever
debarred
use
arms
within
lands
tenements
papers
thomas
jefferson
boyd
ed
committee
rejected
language
adopting
instead
provision
drafted
george
sources
upon
draw
strikingly
significant
madison
first
draft
omitted
mention
nonmilitary
use
possession
weapons
rather
original
draft
repeated
essence
two
proposed
amendments
sent
virginia
combining
substance
two
provisions
succinctly
one
read
right
people
keep
bear
arms
shall
infringed
well
armed
well
regulated
militia
best
security
free
country
person
religiously
scrupulous
bearing
arms
shall
compelled
render
military
service
person
cogan
madison
decision
model
second
amendment
distinctly
military
virginia
proposal
therefore
revealing
since
clear
considered
rejected
formulations
unambiguously
protected
civilian
uses
firearms
madison
prepared
first
draft
draft
debated
modified
reasonable
assume
participants
drafting
process
fully
aware
formulations
protected
civilian
use
possession
weapons
choice
craft
amendment
represented
rejection
alternative
formulations
madison
initial
inclusion
exemption
conscientious
objectors
sheds
revelatory
light
purpose
amendment
confirms
intent
describe
duty
well
right
unequivocally
identifies
military
character
objections
voiced
clause
confirm
central
meaning
text
although
records
debate
senate
clause
removed
survive
arguments
raised
house
illuminate
perceived
problems
clause
specifically
concern
congress
declare
religiously
scrupulous
prevent
bearing
arms
ultimate
removal
clause
therefore
serves
confirm
purpose
amendment
protect
congressional
disarmament
whatever
means
militias
also
contends
quakers
opposed
use
arms
militia
service
violent
purpose
whatsoever
ante
inclusion
clause
original
draft
amendment
support
conclusion
phrase
bear
arms
military
meaning
claim
squared
record
proposals
cited
supra
virginia
north
carolina
included
following
language
person
religiously
scrupulous
bearing
arms
exempted
upon
payment
equivalent
employ
another
bear
arms
stead
emphasis
added
plausible
argument
use
bear
arms
provisions
unequivocally
exclusively
military
state
simply
compel
citizens
carry
arms
purpose
private
confrontation
ante
history
adoption
amendment
thus
describes
overriding
concern
potential
threat
state
sovereignty
federal
standing
army
pose
desire
protect
militias
means
guard
danger
state
militias
effectively
check
prospect
federal
standing
army
long
congress
retained
power
disarm
guarantee
disarmament
explained
miller
obvious
purpose
assure
continuation
render
possible
effectiveness
forces
declaration
guarantee
second
amendment
made
must
interpreted
applied
end
view
evidence
plainly
refutes
claim
amendment
motivated
framers
fears
congress
might
act
regulate
civilian
uses
weapons
even
historical
record
genuinely
ambiguous
burden
remain
parties
advocating
change
law
introduce
facts
arguments
ascertained
vasquez
unable
identify
facts
arguments
iii
although
gives
short
shrift
drafting
history
second
amendment
dwells
length
four
sources
english
bill
rights
blackstone
commentaries
laws
england
postenactment
commentary
second
amendment
war
legislative
sources
shed
indirect
light
question
us
event
offer
little
support
english
bill
rights
reliance
article
vii
english
bill
rights
like
evidence
offered
today
considered
misguided
article
vii
enacted
response
different
concerns
motivated
framers
second
amendment
guarantees
two
provisions
means
coextensive
moreover
english
text
contained
preamble
provision
identifying
narrow
purpose
english
bill
rights
responded
abuses
stuart
monarchs
among
grievances
set
forth
bill
rights
king
violated
law
causing
several
good
subjects
protestants
disarmed
time
papists
armed
employed
contrary
law
article
vii
bill
rights
response
selective
disarmament
guaranteed
subjects
protestants
may
armes
defence
suitable
condition
allowed
law
schwoerer
declaration
rights
app
pp
grant
establish
general
right
persons
even
protestants
possess
weapons
rather
right
qualified
two
distinct
ways
first
restricted
adequate
social
economic
status
suitable
condition
second
available
subject
regulation
parliament
allowed
law
may
well
correct
english
bill
rights
protected
right
english
subjects
use
arms
personal
free
restrictions
crown
parliament
right
adopted
different
historical
political
context
framed
markedly
different
language
tells
us
little
meaning
second
amendment
blackstone
commentaries
reliance
blackstone
commentaries
laws
england
unpersuasive
reason
reliance
english
bill
rights
blackstone
invocation
natural
right
resistance
ante
right
using
arms
referred
specifically
article
vii
english
bill
rights
excerpt
blackstone
offered
therefore
like
article
vii
limited
use
interpreting
differently
worded
differently
historically
situated
second
amendment
important
blackstone
instruction
provided
reading
sort
text
us
today
blackstone
described
interpretive
approach
gave
far
weight
preambles
allows
counseling
fairest
rational
method
interpret
legislator
exploring
intentions
time
law
made
signs
natural
probable
blackstone
explained
words
happen
still
dubious
may
establish
meaning
context
may
singular
use
compare
word
sentence
whenever
ambiguous
equivocal
intricate
thus
proeme
preamble
often
called
help
construction
act
parliament
commentaries
laws
england
hereinafter
blackstone
light
invocation
blackstone
preeminent
authority
english
law
founding
generation
ante
quoting
alden
maine
disregard
guidance
matters
interpretation
striking
postenactment
commentary
also
excerpts
without
real
analysis
commentary
number
additional
scholars
near
time
framing
others
close
century
scholars
part
limited
relevance
construing
guarantee
second
amendment
views
altogether
tended
collapse
second
amendment
article
vii
english
bill
rights
appear
unfamiliar
drafting
history
second
significant
commentators
joseph
story
contrary
assertions
however
story
actually
supports
view
amendment
designed
protect
right
maintain
militia
story
used
term
palladium
discussions
second
amendment
merely
echoed
concerns
animated
framers
amendment
led
adoption
excerpt
commentaries
constitution
passage
cited
merits
reproducing
length
importance
second
amendment
scarcely
doubted
persons
duly
reflected
upon
subject
militia
natural
defence
free
country
sudden
foreign
invasions
domestic
insurrections
domestic
usurpations
power
rulers
sound
policy
free
people
keep
large
military
establishments
standing
armies
time
peace
enormous
expenses
attended
facile
means
afford
ambitious
unprincipled
rulers
subvert
government
trample
upon
rights
people
right
citizens
keep
bear
arms
justly
considered
palladium
liberties
republic
since
offers
strong
moral
check
usurpation
arbitrary
power
rulers
generally
even
successful
first
instance
enable
people
resist
triumph
yet
though
truth
seem
clear
importance
militia
seem
undeniable
disguised
among
american
people
growing
indifference
system
militia
discipline
strong
disposition
sense
burdens
rid
regulations
practicable
keep
people
duly
armed
without
organization
difficult
see
certainly
small
danger
indifference
may
lead
disgust
disgust
contempt
thus
gradually
undermine
protection
intended
clause
national
bill
rights
story
commentaries
constitution
pp
ed
omitted
story
thus
began
tying
significance
amendment
directly
paramount
importance
militia
invoked
fear
drove
framers
second
amendment
specifically
threat
liberty
posed
standing
army
important
check
danger
suggested
militia
assumed
arms
kept
necessary
borne
much
whisper
passage
story
believed
right
secured
amendment
bore
relation
private
use
possession
weapons
activities
like
hunting
personal
extolling
virtues
militia
bulwark
tyranny
story
went
decry
growing
indifference
system
militia
discipline
ibid
wrote
ow
practicable
keep
people
duly
armed
without
organization
difficult
see
underscored
degree
viewed
arming
people
militia
indissolubly
linked
story
warned
growing
indifference
perceived
gradually
undermine
protection
intended
clause
national
bill
rights
ibid
view
importance
amendment
directly
related
continuing
vitality
institution
process
apparently
becoming
obsolete
attempt
downplay
absence
reference
nonmilitary
uses
weapons
story
commentary
relies
fact
story
characterized
article
vii
english
declaration
rights
provision
ante
two
provisions
indeed
similar
protected
uses
firearms
story
characterization
way
suggests
believed
provisions
scope
contrary
story
exclusive
focus
militia
discussion
second
amendment
confirms
understanding
right
protected
second
amendment
limited
military
uses
arms
story
writings
justice
extent
shed
light
question
confirm
justice
story
view
amendment
conferring
upon
individuals
right
disconnected
service
state
militia
justice
story
dissented
decision
houston
moore
wheat
held
state
concurrent
jurisdiction
federal
courts
try
militia
man
disobeyed
call
president
enforce
laws
congress
delinquent
justice
story
believed
congress
power
provide
organizing
arming
disciplining
militia
congress
acted
plenary
explained
absence
congressional
action
certainly
prepared
deny
legitimacy
exercise
state
authority
second
amendment
wrote
may
perhaps
thought
important
bearing
point
confirms
illustrates
rather
impugns
reasoning
already
suggested
contends
justice
story
understood
amendment
militia
purpose
amendment
enormous
obvious
bearing
point
ante
quite
backwards
story
believed
purpose
amendment
permit
civilians
keep
firearms
activities
like
personal
confirm
ation
illustrat
ion
houston
amendment
possibly
provided
point
retained
power
organize
arm
discipline
militias
war
legislative
history
suggests
war
period
second
amendment
understood
secure
right
firearm
use
ownership
purely
private
purposes
like
personal
true
legislative
history
relies
supports
contention
see
ante
sources
entitled
limited
weight
statements
cites
made
long
framing
amendment
possibly
supply
insight
intent
framers
made
pitched
political
debates
better
characterized
advocacy
attempts
constitutional
interpretation
much
evidence
offers
decidedly
less
clear
discussion
allows
notes
lacks
routinely
disarmed
southern
civil
war
opposed
injustices
frequently
stated
infringed
blacks
constitutional
right
keep
bear
arms
ante
hastily
concludes
eedless
say
claim
blacks
prohibited
carrying
arms
organized
state
militia
ibid
claims
sort
cites
may
southern
republican
governments
created
state
militias
blacks
whites
permitted
serve
decision
allow
blacks
serve
alongside
whites
meant
southerners
refused
join
new
militia
bodies
dubbed
negro
militia
cornell
militia
arming
negro
militias
met
especially
fierce
resistance
south
carolina
sight
organized
armed
freedmen
incensed
opponents
reconstruction
led
intensified
campaign
klan
terror
leading
members
negro
militia
beaten
lynched
weapons
stolen
one
particularly
chilling
account
klan
violence
directed
black
militia
member
recounted
memoir
louis
post
carpetbagger
south
carolina
journal
negro
history
post
describes
murder
local
klan
members
jim
williams
captain
negro
militia
company
way
cavalcade
sixty
cowardly
white
men
completely
disguised
face
masks
body
gowns
rode
one
night
march
house
captain
williams
wood
hanged
shot
body
pinned
slip
paper
inscribed
remember
grim
words
williams
gone
last
muster
light
evidence
quite
possible
least
statements
relies
actually
mean
refer
disarmament
black
militia
members
iv
brilliance
debates
resulted
second
amendment
faded
oblivion
ensuing
years
concerns
article
militia
clauses
generated
pitched
debate
ratification
process
led
adoption
second
amendment
short
lived
year
amendment
ratified
congress
passed
statute
purported
establish
uniform
militia
throughout
stat
statute
commanded
every
white
male
citizen
ages
enrolled
therein
provide
good
musket
firelock
specified
ibid
statute
significant
confirmed
way
founding
generation
viewed
firearm
ownership
duty
linked
military
service
statute
enacted
however
virtually
ignored
century
finally
repealed
see
perpich
postratification
history
second
amendment
strikingly
similar
amendment
played
little
role
legislative
debate
civilian
use
firearms
century
made
appearances
decisions
two
cases
however
bear
mentioning
cruikshank
sustained
challenge
respondents
convictions
enforcement
act
conspiring
deprive
individual
right
privilege
granted
secured
constitution
laws
wrote
counts
respondents
indictment
right
specified
arms
lawful
purpose
right
granted
constitution
neither
manner
dependent
instrument
existence
second
amendment
declares
shall
infringed
seen
means
shall
infringed
congress
one
amendments
effect
restrict
powers
national
government
majority
assertion
cruikshank
described
right
protected
second
amendment
bearing
arms
lawful
purpose
ante
quoting
cruikshank
accurate
cruikshank
explained
defective
indictment
contained
language
describe
right
endorse
indictment
description
right
moreover
entirely
possible
basis
indictment
counts
charged
respondents
depriving
victims
rights
secured
second
amendment
prosecutor
belief
victims
members
group
citizens
mostly
black
also
white
rounded
sheriff
sworn
posse
defend
local
courthouse
attacked
white
mob
bore
sufficient
resemblance
members
state
militia
brought
within
reach
second
amendment
see
generally
lane
day
freedom
died
colfax
massacre
betrayal
reconstruction
one
case
presser
illinois
engaged
significant
discussion
second
amendment
petitioner
presser
convicted
violating
state
statute
prohibited
organizations
illinois
national
guard
associating
together
military
companies
parading
arms
presser
challenged
conviction
asserting
relevant
statute
violated
second
fourteenth
amendments
respect
second
amendment
wrote
think
clear
sections
consideration
forbid
bodies
men
associate
together
military
organizations
drill
parade
arms
cities
towns
unless
authorized
law
infringe
right
people
keep
bear
arms
conclusive
answer
contention
amendment
prohibits
legislation
question
lies
fact
amendment
limitation
upon
power
congress
national
government
upon
discussing
fourteenth
amendment
explained
plaintiff
error
member
organized
volunteer
militia
state
illinois
belong
troops
organization
militia
law
contrary
fact
belong
organized
militia
troops
ingredient
offence
convicted
sentenced
question
therefore
right
citizen
disobedience
state
law
associate
others
military
company
drill
parade
arms
towns
cities
state
plaintiff
error
privilege
must
able
point
provision
constitution
statutes
conferred
presser
therefore
affirmed
cruikshank
holding
second
amendment
posed
obstacle
regulation
state
governments
suggested
event
nothing
constitution
protected
use
arms
outside
context
militia
authorized
law
organized
state
federal
president
revitalized
militia
creating
national
guard
several
perpich
nn
meanwhile
dominant
understanding
second
amendment
inapplicability
private
gun
ownership
continued
well
century
first
two
federal
laws
directly
restricting
civilian
use
possession
firearms
act
prohibiting
mail
delivery
pistols
revolvers
firearms
capable
concealed
person
ch
stat
act
prohibiting
possession
shotguns
machine
guns
enacted
minor
second
amendment
objections
dismissed
vast
majority
legislators
participated
members
congress
clashed
wisdom
efficacy
laws
measures
since
statutes
infringe
upon
military
use
possession
weapons
legislators
even
raise
specter
possible
conflict
second
amendment
thus
history
invalidity
objections
firearms
regulations
well
settled
indeed
second
amendment
even
mentioned
either
full
house
congress
legislative
proceedings
led
passage
act
yet
enforcement
law
produced
judicial
decision
confirmed
status
amendment
limited
reach
military
usage
reviewing
many
sources
discussed
greater
length
today
miller
unanimously
concluded
second
amendment
apply
possession
firearm
reasonable
relationship
preservation
efficiency
well
regulated
militia
key
decision
belatedly
suggests
ante
turn
difference
muskets
shotguns
turned
rather
basic
difference
military
nonmilitary
use
possession
guns
indeed
second
amendment
limited
coverage
military
uses
weapons
miller
suggested
weapons
others
eligible
second
amendment
protection
use
relevant
standard
inquire
suitability
particular
weapon
purposes
perhaps
recognition
weakness
attempt
distinguish
miller
argues
alternative
miller
discounted
decisional
history
true
appellee
miller
file
brief
make
appearance
although
held
relevant
provision
national
firearms
act
violated
second
amendment
albeit
without
reasoned
opinion
decision
marbury
madison
cranch
one
side
appeared
presented
arguments
demonstrates
absence
adversarial
presentation
alone
basis
refusing
accord
stare
decisis
effect
decision
see
bloch
marbury
redux
arguing
marbury
madison
tushnet
ed
course
demonstrated
new
evidence
arguments
genuinely
available
earlier
fact
given
special
weight
consider
whether
overrule
prior
case
make
claim
although
true
drafting
history
amendment
discussed
government
brief
see
ante
certainly
drafting
history
decision
today
turns
sources
upon
today
relies
heavily
available
miller
government
cited
english
bill
rights
quoted
lengthy
passage
aymette
detailing
history
leading
english
guarantee
brief
miller
pp
also
cited
blackstone
cooley
story
reduced
critiquing
number
pages
government
devoted
exploring
english
legal
sources
two
brief
pages
length
satisfied
four
ten
simply
wrong
intones
miller
contained
word
amendment
history
ante
plainly
looked
history
construe
term
militia
best
reading
miller
entire
guarantee
second
amendment
noting
original
constitution
grant
power
congress
militia
explained
obvious
purpose
assure
continuation
render
possible
effectiveness
forces
declaration
guarantee
second
amendment
made
must
interpreted
applied
end
view
militia
expected
maintain
train
set
contrast
troops
forbidden
keep
without
consent
congress
sentiment
time
strongly
disfavored
standing
armies
common
view
adequate
defense
country
laws
secured
militia
civilians
primarily
soldiers
occasion
signification
attributed
term
militia
appears
debates
convention
history
legislation
colonies
writings
approved
commentators
miller
majority
seriously
believe
miller
consider
relevant
evidence
majority
simply
approve
conclusion
miller
reached
evidence
standing
alone
insufficient
reason
disregard
unanimous
opinion
upon
substantial
reliance
placed
legislators
citizens
nearly
years
concludes
opinion
declaring
proper
role
change
meaning
rights
enshrine
constitution
ante
right
announces
enshrined
second
amendment
framers
product
today
decision
majority
exegesis
utterly
failed
establish
matter
text
history
right
responsible
citizens
use
arms
defense
hearth
home
elevate
interests
second
amendment
ante
today
understood
legislatures
may
regulate
civilian
use
misuse
firearms
long
interfere
preservation
militia
announcement
new
constitutional
right
use
firearms
private
purposes
upsets
settled
understanding
leaves
future
cases
formidable
task
defining
scope
permissible
regulations
today
judicial
craftsmen
confidently
asserted
policy
choice
denies
responsible
citize
right
keep
use
weapons
home
table
ante
given
presumption
citizens
law
abiding
reality
need
defend
oneself
may
suddenly
arise
host
locations
outside
home
fear
district
policy
choice
may
well
first
unknown
number
dominoes
knocked
know
whether
today
decision
increase
labor
federal
judges
breaking
point
envisioned
justice
cardozo
surely
give
rise
far
active
judicial
role
making
vitally
important
national
policy
decisions
envisioned
time
centuries
properly
disclaims
interest
evaluating
wisdom
specific
policy
choice
challenged
case
fails
pay
heed
far
important
policy
choice
choice
made
framers
us
believe
years
ago
framers
made
choice
limit
tools
available
elected
officials
wishing
regulate
civilian
uses
weapons
authorize
use
process
judicial
lawmaking
define
contours
acceptable
gun
control
policy
absent
compelling
evidence
nowhere
found
opinion
possibly
conclude
framers
made
choice
reasons
respectfully
dissent
district
columbia
et
petitioners
dick
anthony
heller
writ
certiorari
appeals
district
columbia
circuit
june
justice
breyer
justice
stevens
justice
souter
justice
ginsburg
join
dissenting
must
decide
whether
district
columbia
law
prohibits
possession
handguns
home
violates
second
amendment
majority
relying
upon
view
second
amendment
seeks
protect
right
personal
holds
law
violates
amendment
view
majority
conclusion
wrong
two
independent
reasons
first
reason
set
forth
justice
stevens
namely
second
amendment
protects
interests
two
interests
sometimes
intertwined
assure
citizens
keep
arms
militia
purposes
necessarily
allowed
keep
arms
used
well
alone
detached
objective
amendment
concern
second
independent
reason
protection
amendment
provides
absolute
amendment
permits
government
regulate
interests
serves
thus
irrespective
interests
whether
include
independent
interest
majority
view
correct
unless
show
district
regulation
unreasonable
inappropriate
second
amendment
terms
majority
respect
first
independent
reason
agree
justice
stevens
join
opinion
opinion
shall
focus
upon
second
reason
shall
show
district
law
consistent
second
amendment
even
amendment
interpreted
protecting
wholly
separate
interest
individual
district
regulation
focuses
upon
presence
handguns
urban
areas
represents
permissible
legislative
response
serious
indeed
problem
thus
assume
one
objective
majority
concedes
ante
primary
objective
wrote
second
amendment
help
assure
citizens
arms
available
purposes
even
legislature
reasonably
conclude
law
advance
goals
great
public
importance
namely
saving
lives
preventing
injury
reducing
crime
law
tailored
urban
crime
problem
local
scope
thus
affects
geographic
area
limited
size
entirely
urban
law
concerns
handguns
specially
linked
urban
gun
deaths
injuries
overwhelmingly
favorite
weapon
armed
criminals
time
law
imposes
burden
upon
gun
owners
seems
proportionately
greater
restrictions
existence
time
second
amendment
adopted
circumstances
district
law
falls
within
zone
second
amendment
leaves
open
regulation
legislatures
ii
second
amendment
says
well
regulated
militia
necessary
security
free
state
right
people
keep
bear
arms
shall
infringed
interpreting
applying
amendment
take
starting
point
following
four
propositions
based
precedent
today
opinions
believe
entire
subscribes
amendment
protects
individual
right
one
separately
possessed
may
separately
enforced
person
conferred
see
ante
opinion
ante
stevens
dissenting
evidenced
preamble
amendment
adopted
ith
obvious
purpose
assure
continuation
render
possible
effectiveness
militia
forces
miller
see
ante
opinion
ante
stevens
dissenting
amendment
must
interpreted
applied
end
view
miller
supra
right
protected
second
amendment
absolute
instead
subject
government
regulation
see
robertson
baldwin
ante
opinion
approach
case
involving
first
three
points
primarily
concerns
fourth
shall
said
assume
majority
amendment
addition
furthering
purpose
also
furthers
interest
possessing
guns
purposes
least
degree
shall
ask
whether
amendment
nevertheless
permits
district
handgun
restriction
issue
although
adopt
present
purposes
majority
position
second
amendment
embodies
general
concern
shall
assume
amendment
contains
specific
untouchable
right
keep
guns
house
shoot
burglars
majority
presents
evidence
favor
former
proposition
convincingly
show
second
amendment
seeks
maintain
latter
pristine
unregulated
form
contrary
colonial
history
offers
important
examples
kinds
gun
regulation
citizens
thought
compatible
right
keep
bear
arms
whether
embodied
federal
state
constitutions
background
common
law
examples
include
substantial
regulation
firearms
urban
areas
including
regulations
imposed
obstacles
use
firearms
protection
home
boston
philadelphia
new
york
city
three
largest
cities
america
period
restricted
firing
guns
within
city
limits
least
degree
see
churchill
gun
regulation
police
power
right
keep
arms
early
america
law
hist
rev
dept
commerce
bureau
census
gibson
population
largest
cities
urban
places
table
online
http
internet
materials
visited
june
available
clerk
case
file
boston
law
prohibiting
discharge
gun
pistol
charged
shot
ball
town
penalty
shillings
law
later
revived
see
act
may
ch
act
reviving
continuing
sundry
laws
expired
near
expiring
massachusetts
session
laws
ch
pp
philadelphia
prohibited
penalty
shillings
two
days
jail
fine
paid
firing
gun
setting
fireworks
philadelphia
without
governor
special
license
see
act
mitchell
statutes
large
pennsylvania
new
york
city
banned
penalty
fine
firing
guns
even
houses
three
days
surrounding
new
year
day
colonial
laws
new
york
ch
pp
see
also
act
suppress
disorderly
practice
firing
guns
times
therein
mentioned
statutes
large
pennsylvania
pp
similar
law
inhabited
parts
pennsylvania
see
also
act
preventing
mischief
done
town
newport
town
government
rhode
island
session
laws
prohibiting
penalty
shillings
first
offense
subsequent
offenses
firing
gun
pistol
streets
towns
government
tavern
dark
night
whatsoever
furthermore
several
towns
cities
including
philadelphia
new
york
boston
regulated
reasons
storage
gunpowder
necessary
component
operational
firearm
see
cornell
dedino
well
regulated
right
fordham
rev
boston
law
particular
impacted
use
firearms
home
much
district
law
today
boston
gunpowder
law
imposed
fine
upon
person
shall
take
stable
barn
store
shop
building
within
town
boston
loaded
act
addition
several
acts
already
made
prudent
storage
within
town
boston
ch
xiii
mass
acts
see
also
johnson
dictionary
english
language
ed
defining
firearms
rms
owe
efficacy
fire
guns
even
assuming
majority
see
ante
law
included
implicit
exception
nevertheless
prevented
homeowner
keeping
home
gun
immediately
pick
use
intruder
rather
homeowner
get
gunpowder
load
gun
operation
taken
fair
amount
time
perform
see
hicks
military
shoulder
arms
military
hist
foundation
experienced
soldier
specially
prepared
cartridges
opposed
plain
gunpowder
ball
load
fire
musket
times
per
minute
describing
loading
process
see
also
grancsay
craft
early
american
gunsmith
metropolitan
museum
art
bulletin
noting
rifles
slower
load
fire
muskets
moreover
law
practical
matter
prohibited
carrying
loaded
firearms
anywhere
city
unless
carrier
plans
enter
building
willing
unload
discard
weapons
going
inside
massachusetts
residents
must
believed
kind
law
compatible
provision
massachusetts
constitution
granted
people
right
keep
bear
arms
common
defence
provision
majority
says
interpreted
secur
ing
individual
right
bear
arms
defensive
purposes
art
xvii
federal
state
constitutions
colonial
charters
organic
laws
thorpe
ed
hereinafter
thorpe
ante
opinion
new
york
city
law
required
gunpowder
home
stored
certain
sorts
containers
laws
certain
pennsylvania
towns
required
gunpowder
stored
highest
story
home
well
presented
similar
obstacles
use
firearms
see
act
april
ch
laws
act
erecting
town
carlisle
county
cumberland
borough
ch
xiv
laws
act
erecting
town
reading
county
berks
borough
ch
lxxvi
laws
although
unclear
whether
laws
like
boston
law
prohibited
storage
gunpowder
inside
firearm
least
made
difficult
reload
gun
fire
second
shot
unless
homeowner
happened
portion
house
extra
gunpowder
required
kept
see
encyclopedia
history
oehser
ed
small
arms
weapons
requiring
reloading
hand
every
shot
pennsylvania
like
massachusetts
time
one
state
constitutional
provisions
majority
relies
see
ante
citing
pa
declaration
rights
art
xiii
thorpe
majority
criticizes
citation
colonial
laws
see
ante
much
tries
ignore
existence
suppose
possible
majority
suggests
see
ante
practice
contained
exceptions
none
expressly
provided
one
majority
assumption
exceptions
existed
relies
largely
preambles
acts
interpretive
methodology
elsewhere
roundly
derides
compare
ibid
interpreting
statutes
light
preambles
ante
contending
operative
language
enactment
may
extend
beyond
preamble
event
shown
laws
burdened
armed
even
completely
prohibit
historical
evidence
demonstrates
assumption
beginning
rather
end
constitutional
inquiry
district
law
impacts
merely
raises
questions
law
constitutionality
answer
questions
raised
see
whether
statute
unconstitutional
requires
us
focus
practicalities
statute
rationale
problems
called
relation
objectives
word
details
purely
logical
conceptual
answers
questions
say
raise
question
answer
iii
therefore
begin
asking
question
determine
whether
particular
firearm
regulation
district
restriction
handguns
consistent
second
amendment
kind
constitutional
standard
use
high
protective
hurdle
amendment
erect
question
matters
majority
wrong
says
district
law
unconstitutional
nder
standards
scrutiny
applied
enumerated
constitutional
rights
ante
certainly
unconstitutional
example
rational
basis
standard
requires
uphold
regulation
long
bears
rational
relationship
legitimate
governmental
purpose
heller
doe
law
issue
part
seeks
prevent
accidents
least
bears
rational
relationship
legitimate
objective
nothing
three
state
cases
majority
turns
support
mandates
conclusion
present
district
law
must
fall
see
andrews
state
striking
violating
state
constitutional
provision
adopted
statewide
ban
carrying
broad
class
weapons
insofar
applied
revolvers
nunn
state
striking
similarly
broad
ban
openly
carrying
weapons
based
erroneous
view
federal
second
amendment
applied
state
reid
upholding
ban
state
constitutional
challenge
cases
decided
well
years
respectively
framing
neither
claim
provide
special
insight
intent
framers
involve
laws
much
less
narrowly
tailored
one
us
state
cases
event
determinative
federal
constitutional
questions
see
garcia
san
antonio
metropolitan
transit
authority
citing
martin
hunter
lessee
wheat
respondent
proposes
adopt
strict
scrutiny
test
require
reviewing
care
gun
law
determine
whether
narrowly
tailored
achieve
compelling
governmental
interest
abrams
johnson
see
brief
respondent
majority
implicitly
appropriately
rejects
suggestion
broadly
approving
set
laws
prohibitions
concealed
weapons
forfeiture
criminals
second
amendment
right
prohibitions
firearms
certain
locales
governmental
regulation
commercial
firearm
sales
whose
constitutionality
strict
scrutiny
standard
far
clear
see
ante
indeed
adoption
true
standard
evaluating
gun
regulations
impossible
almost
every
regulation
seek
advance
one
primary
concern
every
government
concern
safety
indeed
lives
citizens
salerno
deemed
interest
well
government
general
interest
preventing
crime
compelling
see
wide
variety
constitutional
contexts
found
concerns
sufficiently
forceful
justify
restrictions
individual
liberties
see
brandenburg
ohio
per
curiam
first
amendment
free
speech
rights
sherbert
verner
first
amendment
religious
rights
brigham
city
stuart
fourth
amendment
protection
home
new
york
quarles
fifth
amendment
rights
miranda
arizona
salerno
supra
eighth
amendment
bail
rights
thus
attempt
theory
apply
strict
scrutiny
gun
regulations
practice
turn
inquiry
interests
protected
second
amendment
one
side
governmental
concerns
question
whether
regulation
issue
impermissibly
burdens
former
course
advancing
latter
simply
adopt
inquiry
explicitly
fact
important
interests
lie
sides
constitutional
equation
suggests
review
regulation
context
effectively
presume
either
constitutionality
review
unconstitutionality
strict
scrutiny
rather
law
significantly
implicates
competing
constitutionally
protected
interests
complex
ways
generally
asks
whether
statute
burdens
protected
interest
way
extent
proportion
statute
salutary
effects
upon
important
governmental
interests
see
nixon
shrink
missouri
government
pac
breyer
concurring
answer
take
account
statute
effects
upon
competing
interests
existence
clearly
superior
less
restrictive
alternative
see
ibid
contrary
majority
unsupported
suggestion
sort
proportionality
approach
unprecedented
see
ante
applied
various
constitutional
contexts
including
cases
speech
cases
due
process
cases
see
citing
examples
taken
approach
see
also
thompson
western
medical
center
breyer
dissenting
commercial
speech
burdick
takushi
election
regulation
mathews
eldridge
procedural
due
process
pickering
board
ed
township
high
school
dist
government
employee
speech
applying
kind
standard
normally
defers
legislature
empirical
judgment
matters
legislature
likely
greater
expertise
greater
institutional
factfinding
capacity
see
turner
broadcasting
system
fcc
see
also
nixon
supra
breyer
concurring
nonetheless
legislature
must
make
ultimate
constitutional
conclusion
exercising
independent
judicial
judgment
light
whole
record
determine
whether
law
exceeds
constitutional
boundaries
randall
sorrell
opinion
breyer
citing
bose
consumers
union
approach
seems
preferable
rigid
approach
reason
experience
much
logic
led
decide
one
area
constitutional
law
another
interests
likely
prove
stronger
one
side
typical
constitutional
case
see
virginia
applying
heightened
scrutiny
classifications
based
upon
experience
prior
cases
williamson
lee
optical
applying
scrutiny
economic
legislation
based
upon
experience
prior
cases
little
prior
experience
courts
experience
matters
uniformly
taken
approach
treats
legislative
judgment
degree
deference
see
winkler
scrutinizing
second
amendment
rev
describing
hundreds
decisions
issued
last
courts
courts
surprisingly
little
variation
adopted
standard
deferential
strict
scrutiny
state
cases
obviously
controlling
instructive
bartkus
illinois
looking
experience
state
courts
informative
constitutional
question
thus
provide
comfort
regarding
practical
wisdom
following
approach
believe
constitutional
precedent
event
suggest
iv
present
suit
involves
challenges
three
separate
district
firearm
restrictions
first
requires
license
district
chief
police
order
carry
pistol
handgun
anywhere
district
see
code
see
also
district
assures
us
respondent
obtain
license
long
meets
statutory
eligibility
criteria
respondent
concedes
criteria
facially
constitutional
like
majority
see
need
address
constitutionality
licensing
requirement
see
ante
second
district
restriction
requires
lawful
owner
firearm
keep
weapon
unloaded
disassembled
bound
trigger
lock
similar
device
unless
kept
place
business
used
lawful
recreational
purposes
see
dispute
regarding
provision
appears
whether
constitution
requires
exception
allow
someone
render
firearm
operational
necessary
firearm
may
operated
circumstances
common
law
normally
permit
justification
defense
criminal
charge
see
parker
district
columbia
case
ante
opinion
brief
respondent
district
concedes
exception
exists
see
brief
petitioners
final
authority
albeit
often
used
definitively
interpret
district
law
simply
species
federal
law
see
whalen
see
also
griffin
see
nothing
district
law
preclude
existence
background
exception
avoid
constitutional
question
interpreting
statute
include
see
ashwander
tva
brandeis
concurring
puzzled
majority
unwillingness
adopt
similar
approach
readily
reads
unspoken
exceptions
every
colonial
law
refuses
accept
district
concession
law
one
compare
ante
ante
one
district
case
cites
support
refusal
mcintosh
washington
merely
concludes
district
legislature
rational
basis
applying
law
homes
places
business
nowhere
case
say
statute
precludes
exception
sort
described
even
bound
lower
interpretation
federal
law
third
district
restriction
prohibits
cases
registration
handgun
within
district
see
registration
prerequisite
firearm
possession
see
effect
provision
generally
prevent
people
district
possessing
handguns
determining
whether
regulation
violates
second
amendment
shall
ask
statute
seeks
governmental
interests
serves
statute
burdens
interests
second
amendment
seeks
protect
whether
practical
less
burdensome
ways
furthering
interests
ultimate
question
whether
statute
imposes
burdens
viewed
light
statute
legitimate
objectives
disproportionate
see
nixon
breyer
concurring
one
doubts
constitutional
importance
statute
basic
objective
saving
lives
see
salerno
considerable
debate
whether
district
statute
helps
achieve
objective
begin
reviewing
statute
tendency
secure
objective
perspective
legislature
namely
council
district
columbia
enacted
statute
seeks
evaluate
council
decision
today
first
consider
facts
legislature
saw
adopted
district
statute
stated
local
council
committee
recommended
adoption
major
substantive
goal
district
handgun
restriction
reduce
potentiality
crimes
deaths
occurring
within
district
columbia
hearing
disposition
house
committee
district
columbia
con
res
ser
herinafter
dc
reproducing
inter
alia
council
committee
report
committee
concluded
basis
extensive
public
hearings
lengthy
research
easy
availability
firearms
major
factor
contributing
drastic
increase
violence
crime
past
years
reported
council
startling
statistics
regarding
crime
accidents
deaths
focusing
particularly
relation
handguns
crime
proliferation
handguns
within
district
see
committee
informed
council
guns
responsible
deaths
country
day
total
pproximately
year
along
additional
injuries
three
thousand
deaths
report
stated
accidental
ibid
quarter
victims
accidental
deaths
children
age
ibid
according
committee
every
intruder
stopped
homeowner
firearm
accidents
within
home
ibid
respect
local
crime
committee
observed
murders
district
record
number
committee
also
stated
ontrary
popular
opinion
subject
firearms
frequently
involved
deaths
violence
among
relatives
friends
premeditated
criminal
activities
ibid
citing
article
american
journal
psychiatry
committee
reported
ost
murders
committed
previously
citizens
situations
spontaneous
violence
generated
anger
passion
intoxication
killer
victim
acquainted
ibid
percent
murders
committee
informed
council
occur
within
families
ibid
committee
report
furthermore
presented
statistics
strongly
correlating
handguns
crime
murders
district
committed
handguns
ibid
appear
aberration
report
revealed
handguns
used
roughly
murders
murders
law
enforcement
officers
nationwide
preceding
several
years
ibid
handguns
linked
murders
statistics
showed
used
roughly
robberies
assaults
ibid
crime
committed
pistol
committee
reported
times
likely
lethal
crime
committed
weapon
committee
furthermore
presented
statistics
regarding
availability
handguns
noted
become
easy
juveniles
obtain
even
despite
district
laws
prohibiting
juveniles
possessing
committee
view
current
district
firearms
laws
unable
reduce
potentiality
violence
cope
problems
gun
control
district
generally
ibid
absence
adequate
federal
gun
legislation
committee
concluded
becomes
necessary
local
governments
act
protect
citizens
certainly
district
columbia
totally
urban
statelike
jurisdiction
strong
approach
recommended
council
adopt
restriction
handgun
registration
reflect
legislative
decision
point
time
due
tragedies
horrors
enumerated
previously
committee
report
pistols
longer
justified
jurisdiction
see
also
ibid
handgun
restriction
denotes
policy
decision
handguns
legitimate
use
purely
urban
environment
district
district
special
focus
handguns
thus
reflects
fact
committee
report
found
particularly
strong
link
undesirable
activities
district
exclusively
urban
environment
see
district
seek
prohibit
possession
sorts
weapons
deemed
suitable
urban
area
see
indeed
original
draft
bill
original
committee
recommendations
sought
prohibit
registration
shotguns
well
handguns
council
whole
decided
narrow
prohibition
compare
describing
early
version
bill
code
next
consider
facts
must
consider
looking
matter
today
see
turner
discussing
role
factfinder
constitutional
case
petitioners
amici
presented
us
recent
statistics
tell
much
story
committee
report
told
years
ago
least
present
nothing
permit
us
council
respect
numbers
gun
crimes
injuries
deaths
role
handguns
deaths
average
per
year
dept
justice
bureau
justice
statistics
zawitz
strom
firearm
injury
death
crime
online
http
hereinafter
firearm
injury
death
crime
percent
suicides
homicides
legal
interventions
unintentional
accidents
undetermined
causes
see
ibid
period
additional
nonfatal
injuries
treated
hospitals
average
per
year
ibid
resulted
assaults
unintentional
suicide
attempts
legal
interventions
unknown
causes
ibid
statistics
particularly
striking
respect
children
adolescents
one
every
eight
deaths
victim
someone
age
american
academy
pediatrics
injuries
affecting
pediatric
population
pediatrics
hereinafter
injuries
deaths
account
injury
deaths
ages
ibid
male
teenagers
die
firearms
natural
causes
combined
dresang
gun
deaths
rural
urban
settings
bd
family
practice
persons
accounted
firearm
injuries
june
may
injuries
handguns
involved
majority
firearm
deaths
injuries
victims
killed
handgun
firearm
injury
death
crime
see
also
dept
justice
bureau
justice
statistics
perkins
weapon
use
violent
crime
table
http
pdf
hereinafter
weapon
use
violent
crime
statistics
indicating
roughly
rate
period
firearm
injuries
weapon
type
known
handguns
firearm
injury
death
crime
among
children
age
handguns
account
approximately
unintentional
injuries
deaths
injuries
particular
teenage
suicides
involved
handgun
see
also
zwerling
lynch
burmeister
goertz
choice
weapons
firearm
suicides
iowa
public
health
table
handguns
used
firearm
suicides
iowa
handguns
also
appear
popular
weapon
among
criminals
survey
inmates
armed
crime
incarcerated
state
inmates
federal
inmates
said
armed
handgun
see
dept
justice
bureau
justice
statistics
harlow
firearm
use
offenders
online
http
see
also
weapon
use
violent
crime
table
statistics
indicating
handguns
used
nonlethal
violent
crimes
involving
firearms
handguns
popular
tools
crime
popular
objects
well
fbi
received
average
reports
stolen
guns
year
almost
stolen
guns
handguns
dept
justice
bureau
justice
statistics
zawitz
guns
used
crime
july
online
http
department
justice
studies
concluded
stolen
handguns
particular
important
source
weapons
adult
juvenile
offenders
ibid
statistics
suggest
urban
areas
district
different
experiences
death
injury
crime
less
densely
populated
rural
areas
disproportionate
amount
violent
property
crimes
occur
urban
areas
urban
criminals
likely
offenders
use
firearm
commission
violent
crime
see
dept
justice
bureau
justice
statistics
duhart
urban
suburban
rural
victimization
pp
online
http
homicide
appears
much
greater
issue
urban
areas
example
half
homicides
occurred
cities
nation
population
wintemute
future
firearm
violence
prevention
jama
one
study
concluded
although
overall
rate
gun
death
roughly
urban
rural
areas
urban
homicide
rate
three
times
high
even
adjusting
variables
still
twice
high
branas
nance
elliott
richmond
schwab
shifts
intentional
firearm
death
public
health
see
also
ibid
noting
rural
areas
appear
higher
rate
firearm
suicide
study
firearm
injuries
children
adolescents
pennsylvania
showed
injury
rate
urban
counties
times
higher
nonurban
counties
nance
branas
continuum
archives
pediatrics
adolescent
medicine
finally
linkage
handguns
firearms
deaths
injuries
appears
much
stronger
urban
rural
areas
tudies
date
generally
support
hypothesis
greater
number
rural
gun
deaths
rifles
shotguns
whereas
greater
number
urban
gun
deaths
handguns
dresang
supra
pennsylvania
study
reached
similar
conclusion
respect
firearm
injuries
much
likely
caused
handguns
urban
areas
rural
areas
see
nance
branas
supra
respondent
many
amici
part
disagree
figures
set
forth
preceding
subsection
disagree
strongly
district
predictive
judgment
ban
handguns
help
solve
crime
accident
problems
figures
disclose
particular
disagree
district
council
assessment
freezing
pistol
population
within
district
dc
reduce
crime
accidents
deaths
related
guns
provide
facts
figures
designed
show
done
past
hence
future
first
point
since
ban
took
effect
violent
crime
district
increased
decreased
see
brief
criminologists
et
al
amici
curiae
hereinafter
criminologists
brief
brief
congress
racial
equality
amicus
curiae
brief
national
rifle
assn
et
al
amici
curiae
hereinafter
nra
brief
indeed
comparison
major
cities
reveals
district
homicide
rate
actually
substantially
higher
relative
cities
handgun
restriction
went
effect
see
brief
academics
amici
curiae
hereinafter
academics
brief
see
also
criminologists
brief
respondent
amici
report
similar
results
comparing
district
homicide
rates
period
neighboring
maryland
virginia
neither
restricts
handguns
degree
homicide
rate
nation
whole
see
academics
brief
criminologists
brief
second
respondent
amici
point
statistical
analysis
regresses
murder
rates
presence
absence
strict
gun
laws
european
nations
see
criminologists
brief
citing
kates
mauser
banning
firearms
reduce
murder
suicide
harv
pub
analysis
concludes
strict
gun
laws
correlated
murders
fewer
see
criminologists
brief
see
also
also
cite
domestic
studies
based
data
various
cities
nation
whole
suggesting
reduction
number
guns
lead
reduction
amount
violent
crime
see
argue
handgun
bans
reduce
suicide
rates
see
rates
accidents
even
involving
children
see
brief
international
law
enforcement
educators
trainers
assn
et
al
amici
curiae
app
hereinafter
ileeta
brief
third
point
evidence
indicating
firearm
ownership
beneficial
effect
based
survey
authors
one
study
estimated
million
defensive
uses
guns
mostly
brandishing
quarter
involving
actual
firing
gun
annually
see
kleck
gertz
armed
resistance
crime
crim
see
also
ileeta
brief
app
summarizing
studies
regarding
defensive
uses
guns
another
study
estimated
period
months
ending
incidents
burglar
found
confronted
armed
homeowner
intruder
successfully
scared
away
see
ikida
dahlberg
sacks
mercy
powell
estimating
firearms
retrievals
households
violence
victims
third
study
suggests
victims
substantially
less
likely
victims
injured
resisting
robbery
assault
barnett
kates
fire
emory
additional
evidence
suggests
criminals
likely
deterred
burglary
crimes
know
victim
likely
gun
see
kleck
crime
control
private
use
armed
force
social
problems
reporting
substantial
drop
burglary
rate
atlanta
suburb
required
heads
households
guns
see
also
ileeta
brief
describing
decrease
sexual
assaults
orlando
women
trained
use
guns
fourth
respondent
amici
argue
laws
criminalizing
gun
possession
evidence
suggests
effect
restricting
citizens
criminals
acquiring
guns
see
brief
president
pro
tempore
senate
pennsylvania
amicus
curiae
effect
argue
especially
pronounced
district
whose
proximity
virginia
maryland
provide
criminals
steady
supply
guns
see
brief
heartland
institute
amicus
curiae
view
respondent
amici
evidence
shows
remedies
less
restriction
gun
ownership
liberal
authorization
citizens
carry
concealed
weapons
better
fit
problem
see
criminologists
brief
advocating
easily
obtainable
gun
licenses
brief
southeastern
legal
foundation
et
al
amici
curiae
hereinafter
slf
brief
advocating
widespread
gun
ownership
deterrent
crime
see
also
lott
guns
less
crime
ed
suggest
minimum
district
fails
show
remedy
gun
ban
bears
reasonable
relation
crime
accident
problems
district
seeks
solve
see
brief
respondent
empirically
based
arguments
may
proved
strong
enough
convince
many
legislatures
matter
legislative
policy
adopt
total
handgun
bans
question
whether
strong
enough
destroy
judicial
confidence
reasonableness
legislature
rejects
one
thing
lead
us
deeply
uncertainties
surround
effort
reduce
crime
prove
either
handgun
possession
diminishes
crime
handgun
bans
ineffective
statistics
show
soaring
district
crime
rate
district
crime
rate
went
district
adopted
handgun
ban
students
elementary
logic
know
mean
district
crime
rate
looked
like
without
ban
higher
lower
experts
differ
judges
say
fact
foreign
nations
strict
gun
laws
higher
crime
rates
cause
effect
proposition
strict
gun
laws
cause
crime
harder
accept
proposition
strict
gun
laws
part
grow
fact
nation
already
higher
crime
rate
left
question
happened
crime
without
gun
laws
question
respondent
amici
convincingly
answer
suppose
respondent
amici
right
say
householders
possession
loaded
handguns
help
frighten
away
intruders
assumption
one
must
still
ask
whether
benefit
worth
potential
cost
question
without
directly
provable
answer
finally
consider
claim
respondent
amici
handgun
bans
work
simply
many
illegal
guns
already
existence
ban
legal
guns
make
difference
word
claim
given
urban
sea
legal
guns
criminals
readily
find
arms
regardless
nonetheless
legislature
might
respond
want
make
effort
try
dry
urban
sea
drop
drop
none
studies
show
effort
worthwhile
word
studies
respondent
amici
point
raise
questions
succeed
proving
district
predictive
judgments
controversial
show
judgments
incorrect
demonstrate
consensus
academic
otherwise
supporting
conclusion
thus
surprising
district
amici
support
district
handgun
restriction
studies
one
particular
suggests
statistically
speaking
district
law
indeed
positive
effects
see
loftin
mcdowall
weirsema
cottey
effects
restrictive
licensing
handguns
homicide
suicide
district
columbia
new
england
med
hereinafter
loftin
study
others
suggest
firearm
restrictions
general
matter
reduce
homicides
suicides
accidents
home
see
duggan
guns
crime
pol
econ
kellerman
somes
rivara
lee
banton
injuries
deaths
due
firearms
home
trauma
infection
critical
care
miller
azrael
hemenway
household
firearm
ownership
suicide
rates
epidemiology
still
others
suggest
defensive
uses
handguns
great
number
respondent
amici
claim
see
brief
american
public
health
assn
et
al
amici
curiae
hereinafter
apha
brief
citing
studies
respondent
amici
reply
responses
seek
discredit
methodologically
flawed
studies
evidence
relied
upon
district
see
criminologists
brief
brief
assn
physicians
surgeons
amicus
curiae
slf
brief
britt
kleck
bordua
reassessment
gun
law
law
soc
rev
criticizing
loftin
study
course
district
amici
produce
referring
articles
defend
studies
see
apha
brief
citing
mcdowall
loftin
wiersema
et
using
evaluate
firearm
laws
law
soc
rev
upshot
set
studies
counterstudies
leave
judge
uncertain
proper
policy
conclusion
respondent
perspective
uncertainty
good
enough
legislators
judges
primary
responsibility
drawing
policy
conclusions
empirical
fact
given
constitutional
allocation
decisionmaking
responsibility
empirical
evidence
presented
sufficient
allow
judge
reach
firm
legal
conclusion
particular
first
amendment
cases
applying
intermediate
scrutiny
said
sole
obligation
reviewing
legislature
predictive
judgments
assure
formulating
judgments
legislature
drawn
reasonable
inferences
based
substantial
evidence
turner
internal
quotation
marks
omitted
judges
looking
evidence
us
agree
district
legislature
predictive
judgments
satisfy
legal
standard
say
district
judgment
open
question
nevertheless
supported
substantial
evidence
cause
depart
standard
set
forth
turner
district
decision
represents
kind
empirically
based
judgment
legislatures
courts
best
suited
make
see
nixon
breyer
concurring
fact
deference
legislative
judgment
seems
particularly
appropriate
judgment
made
local
legislature
particular
knowledge
local
problems
insight
appropriate
local
solutions
see
los
angeles
alameda
books
plurality
opinion
must
acknowledge
los
angeles
city
council
better
position
judiciary
gather
evaluate
data
local
problems
cf
dc
statement
gude
describing
district
law
decision
made
local
level
extensive
debate
deliberations
different
localities
may
seek
solve
similar
problems
different
ways
city
must
allowed
reasonable
opportunity
experiment
solutions
admittedly
serious
problems
renton
playtime
theatres
internal
quotation
marks
omitted
framers
recognized
effective
democracy
occurs
local
levels
government
people
firsthand
knowledge
local
problems
ready
access
public
officials
responsible
dealing
garcia
san
antonio
metropolitan
transit
authority
powell
dissenting
citing
federalist
cooke
ed
hamilton
owe
democratic
process
substantial
weight
constitutional
calculus
reasons
conclude
district
statute
properly
seeks
sort
interests
called
compelling
salerno
next
assess
extent
district
law
burdens
interests
second
amendment
seeks
protect
respondent
amici
well
majority
suggest
interests
include
preservation
well
regulated
militia
safeguarding
use
firearms
sporting
purposes
hunting
marksmanship
assuring
use
firearms
argument
sake
shall
consider
three
interests
district
statute
burdens
amendment
first
primary
objective
hardly
previously
noted
general
agreement
among
members
principal
purpose
second
amendment
found
amendment
text
preservation
well
regulated
militia
see
supra
scant
precedent
second
amendment
teaches
amendment
adopted
ith
obvious
purpose
assure
continuation
render
possible
effectiveness
militia
forces
must
interpreted
applied
end
view
miller
end
implicated
minimally
substantially
less
reason
constitutional
concern
compare
ibid
absence
evidence
tending
show
possession
use
barrel
less
eighteen
inches
length
time
reasonable
relationship
preservation
efficiency
well
regulated
militia
say
second
amendment
guarantees
right
keep
bear
instrument
begin
present
case
nothing
actual
military
service
question
presented
presumes
respondent
affiliated
militia
emphasis
added
aware
indication
district
either
recent
past
called
citizenry
serve
militia
inkling
anytime
foreseeable
future
law
must
construed
prevent
use
handguns
legitimate
militia
activities
moreover
even
district
call
militia
respondent
among
citizens
whose
service
requested
district
consider
years
age
member
militia
see
code
militia
includes
male
residents
ages
app
pet
cert
indicating
respondent
date
birth
nonetheless
amici
claim
statute
might
interfere
training
use
weapons
training
useful
military
purposes
constitutional
scholar
thomas
cooley
wrote
second
amendment
protects
learning
handle
use
arms
way
makes
keep
ready
efficient
use
militia
service
general
principles
constitutional
law
ante
opinion
see
also
ante
citing
scholars
agreeing
cooley
point
former
military
officers
tell
us
private
ownership
firearms
makes
effective
fighting
force
ilitary
recruits
previous
firearms
experience
training
generally
better
marksmen
accordingly
better
soldiers
brief
retired
military
officers
amici
curiae
hereinafter
military
officers
brief
amicus
brief
filed
retired
army
generals
adds
militia
whether
ad
hoc
part
organized
military
depends
recruits
familiarity
training
firearms
rifles
pistols
shotguns
brief
major
general
john
altenburg
et
al
amici
curiae
hereinafter
generals
brief
briefs
point
importance
handgun
training
military
officers
brief
generals
brief
handguns
used
military
service
see
civilians
familiar
handgun
marksmanship
safety
much
likely
able
safely
accurately
fire
rifle
firearm
minimal
training
upon
entering
military
service
regardless
consider
objective
modern
counterpart
similar
colonial
objective
treat
objective
falling
within
amendment
primary
purposes
makes
difference
district
law
seriously
affect
military
training
interests
law
permits
residents
engage
activities
increase
familiarity
firearms
may
register
thus
possess
homes
weapons
handguns
rifles
shotguns
see
code
weapons
registered
shotguns
machine
guns
rifles
pistols
registered
compare
generals
brief
listing
rifles
pistols
shotguns
useful
military
weapons
emphasis
added
may
operate
weapons
within
district
lawful
recreational
purposes
see
also
nonresidents
participating
lawful
recreational
activity
district
way
activity
another
jurisdiction
may
carry
even
weapons
registered
district
permissible
recreations
plainly
include
actually
using
firing
weapons
evidenced
specific
code
provision
contemplating
existence
local
firing
ranges
see
district
law
prevents
citizens
training
handguns
within
district
district
consists
square
miles
urban
area
see
dept
commerce
bureau
census
pt
table
adjacent
permit
use
handguns
target
practice
brief
subway
ride
away
see
md
crim
law
code
ann
lexis
supp
general
handgun
restriction
apply
wearing
carrying
transporting
person
handgun
used
connection
inter
alia
target
shoot
formal
informal
target
practice
sport
shooting
event
hunting
department
natural
firearms
hunter
safety
class
code
ann
lexis
supp
general
restriction
carrying
certain
loaded
pistols
certain
public
areas
apply
person
actually
engaged
lawful
hunting
lawful
recreational
shooting
activities
established
shooting
range
shooting
contest
washington
metropolitan
area
transit
authority
metrorail
system
map
http
course
subway
rider
must
buy
ticket
ride
takes
time
also
costs
money
store
pistol
say
target
range
outside
district
given
costs
already
associated
gun
ownership
firearms
training
say
subway
ticket
short
subway
ride
storage
costs
create
minimal
burden
compare
crawford
marion
county
election
slip
breyer
dissenting
acknowledging
travel
burdens
indigent
persons
context
voting
public
transportation
options
limited
indeed
respondent
two
coplaintiffs
may
well
use
handguns
outside
district
regular
basis
declarations
indicate
keep
weapons
stored
see
app
pet
cert
respondent
see
also
coplaintiffs
conclude
district
law
burdens
second
amendment
primary
objective
little
majority
briefly
suggests
right
keep
bear
arms
might
encompass
interest
hunting
see
ante
enacting
present
provisions
district
sought
take
nothing
away
sportsmen
dc
inability
district
residents
hunt
near
live
much
jurisdiction
exclusively
urban
character
little
district
firearm
laws
reasons
similar
discussed
preceding
subsection
district
law
prohibit
possession
rifles
shotguns
presence
opportunities
sporting
activities
nearby
reach
similar
conclusion
namely
district
law
burdens
objectives
amendment
may
protect
little
district
law
prevent
resident
keeping
loaded
handgun
home
consequently
makes
difficult
householder
use
handgun
home
intruders
burglars
appeals
noted
statistics
suggest
handguns
popular
weapon
self
defense
see
citing
kleck
gertz
crim
legitimate
reasons
case
amici
suggest
empirical
support
handguns
easier
hold
control
particularly
persons
physical
infirmities
easier
carry
easier
maneuver
enclosed
spaces
person
using
one
still
hand
free
dial
see
ileeta
brief
nra
brief
see
also
ante
see
brief
petitioners
citing
sources
preferring
shotguns
rifles
handguns
purposes
extent
law
burdens
degree
interest
present
purposes
assumed
amendment
seeks
weighing
needs
burdens
must
take
account
possibility
reasonable
less
restrictive
alternatives
potential
measures
might
similarly
promote
goals
imposing
lesser
restrictions
see
nixon
breyer
concurring
existence
clearly
superior
less
restrictive
alternative
factor
determining
whether
law
constitutionally
proportionate
see
none
reason
clearly
superior
less
restrictive
alternative
district
handgun
ban
ban
objective
reduce
significantly
number
handguns
district
say
example
allowing
law
enforcement
officer
immediately
assume
handgun
sees
illegal
handgun
plausible
way
achieve
objective
ban
guns
help
respondent
case
describe
district
objective
generally
effort
diminish
dangers
associated
guns
attributes
make
handguns
particularly
useful
also
make
particularly
dangerous
easy
hold
control
means
easier
children
use
see
brief
american
academy
pediatrics
et
al
amici
curiae
hildren
young
three
able
pull
trigger
handguns
maneuverable
permit
free
hand
likely
contributes
fact
far
firearm
choice
crimes
rape
robbery
see
weapon
use
violent
crime
table
small
light
makes
easy
steal
see
supra
concealable
cf
ante
opinion
suggesting
bans
constitutional
symmetry
suggests
measure
less
restrictive
respect
use
handguns
extent
prove
less
effective
preventing
use
handguns
illicit
purposes
resident
handgun
home
use
handgun
home
use
commit
suicide
engage
acts
domestic
violence
see
supra
handguns
prevalent
suicides
brief
national
network
end
domestic
violence
et
al
amici
curiae
handguns
prevalent
domestic
violence
indeed
case
district
believes
number
guns
contributes
number
crimes
accidents
deaths
although
may
less
restrictive
less
effective
substitutes
outright
ban
less
restrictive
equivalent
outright
ban
licensing
restrictions
similarly
reduce
handgun
population
district
may
reasonably
fear
even
guns
initially
restricted
citizens
might
stolen
thereby
placed
hands
criminals
see
supra
permitting
certain
types
handguns
others
affect
commercial
market
handguns
availability
requiring
safety
devices
trigger
locks
imposing
requirements
interfere
interest
simultaneously
leaving
operable
weapons
hands
owners
others
capable
acquiring
weapon
disabling
safety
device
might
use
domestic
violence
crimes
absence
equally
effective
alternatives
complete
prohibition
finds
support
empirical
fact
urban
centers
prohibit
particular
types
weapons
chicago
law
similar
district
many
suburbs
also
ban
handgun
possession
circumstances
see
chicago
municipal
code
evanston
city
code
morton
grove
village
code
oak
park
village
code
winnetka
village
ordinance
wilmette
ordinance
toledo
bans
certain
types
handguns
toledo
ohio
municipal
code
ch
san
francisco
enacted
popular
referendum
ban
handgun
possession
city
residents
precluded
enforcing
prohibition
however
decisions
deeming
state
law
see
fiscal
city
county
san
francisco
cal
app
cal
rptr
indeed
fact
many
may
local
gun
regulation
suggests
absence
regulation
like
district
may
perhaps
state
law
lack
locally
perceived
need
see
legal
community
violence
regulating
guns
america
http
addition
least
six
puerto
rico
impose
general
bans
certain
types
weapons
particular
assault
weapons
semiautomatic
weapons
see
cal
penal
code
west
supp
stat
haw
rev
stat
md
crim
law
code
ann
lexis
mass
laws
ch
west
penal
law
ann
west
supp
laws
ann
supp
see
also
federal
machinegun
ban
least
municipalities
see
albany
municipal
code
aurora
ordinance
buffalo
city
code
chicago
municipal
code
cincinnati
ohio
admin
code
supp
cleveland
ohio
ordinance
columbus
ohio
city
code
denver
municipal
code
morton
grove
village
code
admin
code
oak
park
village
code
rochester
code
south
bend
ordinance
toledo
ohio
municipal
code
bans
suggest
may
substitute
outright
prohibition
cases
governmental
body
deemed
particular
type
weapon
especially
dangerous
upshot
district
objectives
compelling
predictive
judgments
law
tendency
achieve
objectives
adequately
supported
law
impose
burden
upon
interest
amendment
seeks
secure
clear
less
restrictive
alternative
turn
final
portion
permissible
regulation
question
district
law
disproportionately
burden
interests
several
considerations
taken
together
convince
first
district
law
tailored
problems
attempts
address
law
concerns
one
class
weapons
handguns
leaving
residents
free
possess
shotguns
rifles
along
ammunition
area
falls
within
scope
totally
urban
cf
lorillard
tobacco
reilly
varied
effect
statewide
speech
restriction
rural
urban
suburban
locales
demonstrates
lack
narrow
tailoring
urban
area
suffers
serious
problem
district
law
directly
aims
compelling
problem
less
restrictive
way
achieve
benefits
seeks
second
interest
maintaining
loaded
handguns
home
shoot
intruders
primary
interest
subsidiary
interest
second
amendment
seeks
serve
second
amendment
language
speaking
militia
says
nothing
justice
stevens
points
second
amendment
drafting
history
shows
language
reflects
framers
primary
exclusive
objective
see
ante
dissenting
opinion
majority
says
threat
new
federal
government
destroy
citizens
militia
taking
away
arms
reason
right
codified
written
constitution
ante
emphasis
added
way
amendment
operative
clause
seeks
promote
interest
protecting
right
keep
bear
arms
may
fact
help
interest
factual
connection
falls
far
short
primary
objective
amendment
tells
us
militia
preservation
first
foremost
framers
minds
see
miller
obvious
purpose
assure
continuation
render
possible
effectiveness
militia
forces
declaration
guarantee
second
amendment
made
amendment
must
interpreted
applied
end
view
interest
time
framing
focused
exclusively
upon
related
dangers
two
hundred
years
ago
americans
many
living
frontier
likely
thought
primarily
terms
outbreaks
fighting
indian
tribes
rebellions
shays
rebellion
marauders
dangers
travelers
roads
footpaths
along
waterways
see
dept
commerce
bureau
census
population
table
online
http
americans
lived
urban
areas
insofar
framers
focused
tiny
fraction
population
living
large
cities
aware
city
dwellers
subject
firearm
restrictions
rural
counterparts
see
supra
unlikely
thought
right
keep
loaded
handguns
homes
confront
intruders
urban
settings
central
subsequent
development
modern
urban
police
departments
diminishing
need
keep
loaded
guns
nearby
case
intruders
moved
right
even
away
heart
amendment
basic
protective
ends
see
sklansky
private
police
ucla
rev
professional
urban
police
departments
develop
roughly
century
matter
aware
evidence
handguns
particular
central
framers
conception
second
amendment
lists
weapons
late
state
statutes
appear
primarily
refer
sorts
weapons
muskets
particular
see
miller
reproducing
colonial
militia
laws
respondent
points
brief
federal
government
two
time
founding
enacted
statutes
listed
handguns
acceptable
militia
weapons
brief
respondent
statutes
apparently
found
acceptable
certain
special
militiamen
generally
certain
soldiers
horseback
requiring
muskets
rifles
general
infantry
see
act
may
ch
xxxiii
stat
laws
state
north
carolina
first
laws
state
connecticut
see
also
journals
continental
congress
pp
third
irrespective
framers
thought
know
think
samuel
adams
lived
boston
advocated
constitutional
amendment
precluded
constitution
ever
construed
prevent
people
peaceable
citizens
keeping
arms
documentary
history
ratification
constitution
kaminski
saladino
eds
samuel
adams
doubtless
knew
massachusetts
constitution
contained
somewhat
similar
protection
doubtless
knew
massachusetts
law
prohibited
bostonians
keeping
loaded
guns
house
samuel
adams
advocated
protection
unless
thought
protection
consistent
local
regulation
seriously
impeded
urban
residents
using
arms
intruders
seems
unlikely
meant
deprive
federal
government
power
enact
weapons
regulation
know
boston
far
know
thought
constitutional
massachusetts
constitution
indeed
since
district
columbia
subject
seat
government
clause
art
cl
urban
area
direct
federal
control
seems
unlikely
framers
thought
urban
gun
control
cf
palmore
congress
legislate
district
manner
respect
subjects
exceed
powers
least
unusual
context
national
legislation
enacted
powers
delegated
course
district
law
colonial
boston
law
identical
boston
law
disabled
even
wider
class
weapons
indeed
firearms
existence
shows
least
local
legislatures
impose
serious
restrictions
right
use
firearms
moreover
said
boston
law
though
highly
analogous
district
colonial
law
impeded
homeowner
ability
shoot
burglar
pennsylvania
new
york
laws
well
similar
effect
see
supra
massachusetts
pennsylvania
laws
thought
consistent
unwritten
right
also
consistent
written
state
constitutional
provisions
providing
protections
similar
provided
federal
second
amendment
see
supra
agree
majority
laws
largely
uninformative
penalty
violating
civil
rather
criminal
ante
long
recognized
exercise
constitutional
right
burdened
penalties
far
short
jail
time
see
murdock
pennsylvania
invalidating
per
week
solicitation
fee
applied
religious
group
see
also
forsyth
county
nationalist
movement
tax
based
content
speech
become
constitutional
small
tax
regardless
majority
require
precise
colonial
regulatory
analogue
order
save
modern
gun
regulation
constitutional
challenge
insofar
look
history
discover
constitutionally
regulate
right
must
look
legislatures
actually
enact
thought
enact
innumerable
reasons
legislature
might
act
particular
matter
despite
power
frequently
cautioned
best
treacherous
find
congressional
silence
alone
adoption
controlling
rule
law
wells
similarly
treacherous
reason
fact
colonial
legislatures
enact
certain
kinds
legislation
unalterable
constitutional
limitation
power
modern
legislature
question
whether
modern
restriction
right
duplicates
past
one
whether
restriction
compared
restrictions
originally
thought
possible
enjoys
similarly
strong
justification
minimum
similarly
strong
justification
district
modern
law
compared
boston
colonial
law
reveals
fourth
contrary
view
embodied
today
decision
unfortunate
consequences
decision
encourage
legal
challenges
gun
regulation
throughout
nation
says
little
standards
used
evaluate
regulatory
decisions
leave
nation
without
clear
standards
resolving
challenges
see
ante
litigation
course
many
years
mere
specter
litigation
threatens
leave
cities
without
effective
protection
gun
violence
accidents
time
important
majority
decision
threatens
severely
limit
ability
knowledgeable
democratically
elected
officials
deal
problems
majority
says
leaves
district
variety
tools
combating
problems
ante
fails
list
even
one
seemingly
adequate
replacement
law
strikes
understand
reasonable
individuals
disagree
merits
strict
gun
control
measure
even
totally
urbanized
area
understand
one
take
elected
branches
government
right
decide
whether
insist
upon
urban
populace
city
facing
serious
crime
problem
future
well
face
environmental
emergencies
threaten
breakdown
law
order
majority
derides
approach
ante
take
criticism
seriously
think
accurate
previously
explained
approach
taken
areas
constitutional
law
see
supra
application
approach
course
requires
judgment
nature
approach
requiring
careful
identification
relevant
interests
evaluating
law
effect
upon
limits
judge
choices
method
necessary
transparency
lays
bare
judge
reasoning
see
criticize
majority
methodology
view
substantially
less
transparent
mine
minimum
find
difficult
understand
reasoning
seems
underlie
certain
conclusions
reaches
majority
spends
first
pages
opinion
attempting
rebut
justice
stevens
evidence
amendment
enacted
purely
purpose
majority
view
amendment
also
protects
interest
armed
personal
least
degree
majority
tell
us
precisely
interest
putting
second
amendment
textual
elements
together
majority
says
find
guarantee
individual
right
possess
carry
weapons
case
confrontation
ante
three
pages
later
says
read
second
amendment
permit
citizens
carry
arms
sort
confrontation
ante
yet
one
critical
exception
explain
confrontations
count
simply
leaves
question
unanswered
majority
however
point
one
type
confrontation
counts
describes
amendment
elevat
ing
interests
right
responsible
citizens
use
arms
defense
hearth
home
ante
basis
finding
core
second
amendment
right
historical
sources
identified
majority
even
appear
touch
upon
specific
matter
consist
newspaper
editorial
discussing
freedmen
bureau
act
see
ante
two
quotations
act
legislative
history
see
ante
state
opinion
saying
colonial
times
used
defend
home
maintain
militia
see
ante
citations
support
proposition
second
amendment
primary
concern
stated
concern
militia
rather
right
keep
loaded
weapons
one
bedside
shoot
intruders
clear
majority
decides
loaded
arms
homeowner
may
keep
majority
says
amendment
protects
weapons
typically
possessed
citizens
lawful
purposes
ante
definition
conveniently
excludes
machineguns
permits
handguns
majority
describes
popular
weapon
chosen
americans
home
ante
see
also
ante
sense
approach
make
according
majority
reasoning
congress
lift
restrictions
possession
use
machineguns
people
buy
machineguns
protect
homes
reverse
course
find
second
amendment
fact
protect
individual
right
possess
machinegun
majority
reasoning
tomorrow
someone
invents
particularly
useful
highly
dangerous
weapon
congress
better
ban
immediately
becomes
popular
congress
longer
possess
constitutional
authority
essence
majority
determines
regulations
permissible
looking
see
existing
regulations
permit
basis
believing
framers
intended
circular
reasoning
similarly
puzzled
majority
list
part
iii
opinion
provisions
view
survive
second
amendment
scrutiny
consist
prohibitions
carrying
concealed
weapons
prohibitions
possession
firearms
felons
prohibitions
possession
firearms
mentally
ill
laws
forbidding
carrying
firearms
sensitive
places
schools
government
buildings
government
conditions
qualifications
attached
commercial
sale
arms
ante
similar
restrictions
existed
late
century
majority
fails
cite
colonial
analogues
even
possible
find
analogous
colonial
laws
respect
restrictions
colonial
laws
count
boston
restriction
along
laws
identified
apparently
count
see
supra
time
majority
ignores
important
question
given
purposes
framers
enacted
second
amendment
applied
circumstances
anticipated
assume
argument
sake
framers
intend
amendment
offer
degree
protection
mean
framers
also
intended
guarantee
right
possess
loaded
gun
near
swimming
pools
parks
playgrounds
cared
children
might
pick
loaded
gun
parents
bedside
table
certainly
showed
concern
risk
fire
see
supra
lacked
concern
risk
accidental
deaths
suicides
readily
accessible
loaded
handguns
urban
areas
might
bring
unless
believe
intended
future
generations
ignore
matters
answering
questions
questions
case
requires
judgment
judicial
judgment
exercised
within
framework
constitutional
analysis
guides
judgment
makes
exercise
transparent
one
answer
questions
combining
inconclusive
historical
research
judicial
ipse
dixit
argument
method
however
far
less
important
argument
surrounding
today
decision
far
important
unfortunate
consequences
today
decision
likely
spawn
least
said
fact
decision
threatens
throw
doubt
constitutionality
gun
laws
throughout
find
sound
legal
basis
launching
courts
formidable
potentially
dangerous
mission
view
simply
untouchable
constitutional
right
guaranteed
second
amendment
keep
loaded
handguns
house
urban
areas
vi
reasons
conclude
district
measure
proportionate
disproportionate
response
compelling
concerns
led
district
adopt
reasons
well
independently
sufficient
reasons
set
forth
justice
stevens
find
district
measure
consistent
second
amendment
demands
respect
dissent
footnotes
minor
exceptions
prohibitions
none
relevant
construction
challenged
sutherland
explains
key
english
case
effect
preambles
copeman
gallant
wms
eng
stated
preamble
used
restrict
effect
words
purview
sutherland
statutes
statutory
construction
singer
ed
ed
rule
modified
england
case
give
importance
preamble
america
settled
principle
law
preamble
control
enacting
part
statute
cases
enacting
part
expressed
clear
unambiguous
terms
ibid
justice
stevens
says
violate
general
rule
every
clause
statute
must
effect
post
text
clause
indicates
operative
effect
whereas
clauses
federal
legislation
constitution
preamble
license
make
designed
put
point
differently
operative
provisions
given
effect
operative
provisions
prologues
prologues
justice
stevens
criticizes
us
discussing
prologue
last
post
prologue
used
clarify
ambiguous
operative
provision
surely
first
step
must
determine
whether
operative
provision
ambiguous
might
argued
suppose
prologue
one
factors
go
determination
whether
operative
provision
ambiguous
cause
prologue
used
produce
ambiguity
rather
resolve
event
even
considered
prologue
along
operative
provision
reach
result
today
since
explain
interpretation
right
people
keep
bear
arms
furthers
purpose
effective
militia
less
indeed
dissent
interpretation
see
infra
justice
stevens
course
correct
post
right
assemble
exercised
alone
still
individual
right
one
conditioned
upon
membership
defined
assembly
contends
right
bear
arms
conditioned
upon
membership
defined
militia
justice
stevens
dead
wrong
think
right
petition
primarily
collective
nature
ibid
see
mcdonald
smith
describing
historical
origins
right
petition
look
documents
find
state
constitutions
used
term
people
refer
people
collectively
contrast
citizen
used
invoke
individual
rights
see
heyman
natural
rights
second
amendment
second
amendment
law
history
bogus
ed
hereinafter
bogus
usage
remotely
uniform
see
declaration
rights
federal
state
constitutions
colonial
charters
organic
laws
thorpe
ed
hereinafter
thorpe
jury
trial
md
declaration
rights
vicinage
requirement
vt
declaration
rights
ch
searches
seizures
pa
declaration
rights
free
speech
importantly
clearly
terminology
used
federal
constitution
given
first
fourth
ninth
amendments
see
compleat
collection
hath
every
subject
power
keep
arms
well
servants
house
defence
person
wood
new
institute
imperial
civil
law
guilty
publick
force
keep
arms
houses
make
use
otherwise
upon
journeys
hunting
sale
collection
acts
assembly
force
colony
virginia
free
negros
mulattos
indians
owners
slaves
seated
frontier
plantations
may
obtain
licence
justice
peace
keeping
arms
ayliffe
new
pandect
roman
civil
law
yet
person
might
keep
arms
house
estate
account
hunting
navigation
travelling
score
selling
way
trade
commerce
arms
accrued
way
inheritance
trusler
concise
view
common
law
statute
law
england
papists
keep
arms
houses
arms
may
seized
justice
peace
considerations
game
laws
deprived
law
keeping
arms
defence
law
forbids
veriest
pauper
raise
sum
sufficient
purchase
mounting
gun
chimney
piece
wilson
works
honourable
james
wilson
reference
state
constitutional
right
one
many
renewals
saxon
regulations
bound
says
selden
keep
arms
preservation
kingdom
duer
outlines
constitutional
jurisprudence
reference
colonists
english
rights
right
every
individual
keep
arms
defence
suitable
condition
degree
public
allowance
due
restrictions
natural
right
resistance
burn
justice
peace
parish
officer
however
laid
serjeant
hawkins
lessee
end
term
keep
arms
house
oppose
entry
lessor
state
dempsey
citing
state
law
making
misdemeanor
member
certain
racial
groups
carry
person
keep
house
shot
gun
arms
see
pa
declaration
rights
thorpe
people
right
bear
arms
defence
state
vt
declaration
rights
people
right
bear
arms
defence
state
ky
art
xii
cl
right
citizens
bear
arms
defence
state
shall
questioned
ohio
art
viii
people
right
bear
arms
defence
state
ind
art
people
right
bear
arms
defense
state
miss
art
every
citizen
right
bear
arms
defence
state
conn
art
every
citizen
right
bear
arms
defence
state
ala
art
every
citizen
right
bear
arms
defence
state
mo
art
xiii
hat
right
bear
arms
defence
state
questioned
see
generally
volokh
state
constitutional
rights
keep
bear
arms
tex
rev
politics
see
bliss
commonwealth
litt
state
reid
state
schoultz
mo
see
also
simpson
state
yer
interpreting
similar
provision
common
defence
purpose
state
huntly
cf
nunn
state
construing
second
amendment
state
chandler
la
ann
see
brydall
privilegia
magnatud
apud
anglos
privilege
xxxiii
year
king
edward
third
proclamation
issued
person
bear
arms
within
london
suburbs
bond
compleat
guide
justices
peace
sheriffs
officers
executing
offices
persons
pursuing
hu
cry
may
lawfully
bear
arms
abridgment
public
statutes
force
use
relative
scotland
entry
arms
person
described
shall
custody
use
bear
arms
thereof
convicted
one
justice
peace
judge
competent
summarily
shall
first
offense
forfeit
arms
quoting
geo
statute
law
scotland
abridged
ed
acts
disarming
highlands
exempting
particular
licenses
bear
arms
de
vattel
law
nations
principles
law
nature
since
custom
allowed
persons
rank
gentlemen
army
bear
arms
time
peace
strict
care
taken
none
allowed
wear
swords
roche
proceedings
held
city
cork
charge
vi
held
traitorous
conferences
conspired
like
intent
purpose
attacking
despoiling
arms
several
king
subjects
qualified
law
bear
arms
humphreys
compendium
common
law
force
kentucky
country
constitution
guaranties
persons
right
bear
arms
crime
exercise
right
manner
terrify
people
unnecessarily
justice
stevens
contends
post
since
assert
adding
bear
arms
gives
military
meaning
must
concede
adding
purposive
qualifying
phrase
bear
arms
alter
meaning
difference
maintain
alters
meaning
bear
arms
merely
clarifies
various
meanings
one
military
intended
justice
stevens
however
argues
term
arms
familiar
idiom
used
unadorned
additional
words
meaning
serve
soldier
military
service
fight
post
therefore
must
establish
adding
contradictory
purposive
phrase
alter
word
meaning
justice
stevens
finds
support
legislative
history
inference
recorded
views
one
antifederalist
member
house
post
claim
best
representative
reading
language
amendments
conform
understanding
concerns
antifederalists
highly
problematic
rakove
second
amendment
highest
stage
originalism
bogus
applies
amendments
proposed
virginia
north
carolina
said
person
religiously
scrupulous
bearing
arms
exempted
upon
payment
equivalent
employ
another
bear
arms
stead
see
veit
eliot
debates
several
state
constitutions
adoption
federal
constitution
ed
reprinted
certainly
second
use
phrase
bear
arms
stead
refers
reason
context
compulsory
bearing
arms
military
duty
first
use
phrase
person
religiously
scrupulous
bearing
arms
assuredly
refer
people
whose
god
allowed
bear
arms
defense
defense
country
faced
clear
historical
usage
justice
stevens
resorts
bizarre
argument
word
included
bear
whereas
included
petition
first
amendment
unitary
meaning
keep
bear
established
post
never
heard
proposition
omitting
repetition
causes
two
verbs
different
meanings
become
one
promise
support
defend
constitution
whit
different
promise
support
defend
constitution
cf
eng
stat
large
prohibition
contained
act
keeping
bearing
wearing
arms
warlike
weapons
shall
extend
officers
assistants
employed
execution
justice
contrary
justice
stevens
wholly
unsupported
assertion
post
right
english
law
use
weapons
certain
military
purposes
use
arms
organized
militia
article
cl
constitution
gives
congress
power
provide
organizing
arming
disciplining
militia
governing
part
may
employed
service
reserving
respectively
appointment
officers
authority
training
militia
according
discipline
prescribed
congress
clearer
congress
organizing
power
unlike
governing
power
invoked
even
part
militia
employed
service
justice
stevens
provides
support
whatever
contrary
view
see
post
federalists
read
provision
written
permit
creation
select
militia
see
federalist
pp
wright
ed
centinel
revived
xxix
philadelphia
independent
gazetteer
young
justice
stevens
says
drafters
virginia
declaration
rights
rejected
proposal
adopted
instead
provision
written
george
mason
stressing
importance
militia
see
post
evidence
drafters
regarded
mason
proposal
substitute
jefferson
proposal
justice
stevens
quotes
tucker
unpublished
notes
claims
show
tucker
ambiguous
views
second
amendment
see
post
clear
notes
tucker
located
power
arm
militias
tenth
amendment
cited
second
amendment
proposition
armament
run
afoul
power
federal
government
since
amendment
prohibits
congress
ordering
disarmament
nothing
passage
implies
second
amendment
pertains
carrying
arms
organized
militia
rawle
writing
decision
barron
ex
rel
tiernan
mayor
baltimore
pet
believed
second
amendment
applied
belief
course
nonsensical
petitioners
view
protected
right
possess
carry
arms
conscripted
state
militia
service
justice
stevens
suggests
obvious
free
blacks
virginia
required
muster
without
arms
see
post
citing
siegel
federal
government
power
enact
laws
nw
rev
type
law
referred
aldridge
practice
stopped
years
earlier
blacks
excluded
entirely
militia
first
militia
act
see
siegel
supra
justice
stevens
suggests
laws
barring
blacks
militia
service
said
violate
right
bear
arms
justice
stevens
reading
second
amendment
think
protected
right
right
carry
arms
extent
one
enrolled
militia
right
militia
perhaps
justice
stevens
really
adopt
idiomatic
meaning
bear
arms
case
every
man
woman
country
right
soldier
even
wage
war
case
clear
us
aldridge
allusion
existing
virginia
restriction
upon
right
free
blacks
bear
arms
referred
laws
prohibiting
blacks
keeping
weapons
siegel
supra
justice
stevens
accusation
accurate
post
wrong
true
indictment
described
right
bearing
arms
lawful
purpose
explicit
reference
right
described
indictment
stated
second
amendment
declares
right
bearing
arms
lawful
purpose
shall
infringed
respect
cruikshank
continuing
validity
incorporation
question
presented
case
note
cruikshank
also
said
first
amendment
apply
engage
sort
fourteenth
amendment
inquiry
required
later
cases
later
decisions
presser
illinois
miller
texas
reaffirmed
second
amendment
applies
federal
government
hundreds
judges
post
relied
view
second
amendment
justice
stevens
claims
endorsed
miller
overread
miller
erroneous
reliance
upon
uncontested
virtually
unreasoned
case
nullify
reliance
millions
americans
historical
analysis
shown
upon
true
meaning
right
keep
bear
arms
event
thought
cases
decided
judges
necessarily
come
differently
proper
interpretation
right
miller
briefly
mentioned
decision
lewis
appeal
conviction
felon
possession
firearm
challenge
based
contention
prior
felony
conviction
unconstitutional
second
amendment
claim
raised
briefed
party
course
rejecting
asserted
challenge
commented
gratuitously
hese
legislative
restrictions
use
firearms
neither
based
upon
constitutionally
suspect
criteria
trench
upon
constitutionally
protected
liberties
see
miller
second
amendment
guarantees
right
keep
bear
firearm
reasonable
relationship
preservation
efficiency
well
regulated
militia
cites
several
appeals
cases
effect
inconceivable
rest
interpretation
basic
meaning
guarantee
bill
rights
upon
footnoted
dictum
case
point
issue
argued
identify
presumptively
lawful
regulatory
measures
examples
list
purport
exhaustive
justice
breyer
correctly
notes
law
like
almost
laws
pass
scrutiny
post
scrutiny
mode
analysis
used
evaluating
laws
constitutional
commands
prohibitions
irrational
laws
see
engquist
oregon
dept
agriculture
slip
cases
rational
basis
standard
scrutiny
substance
constitutional
guarantee
obviously
test
used
evaluate
extent
legislature
may
regulate
specific
enumerated
right
freedom
speech
guarantee
double
jeopardy
right
counsel
right
keep
bear
arms
see
carolene
products
may
narrower
scope
operation
presumption
constitutionality
narrower
provided
review
legislation
appears
face
within
specific
prohibition
constitution
first
ten
amendments
required
overcome
right
keep
bear
arms
rational
basis
second
amendment
redundant
separate
constitutional
prohibitions
irrational
laws
effect
mcintosh
upheld
law
claim
violated
equal
protection
clause
arbitrarily
distinguishing
residences
businesses
see
one
rational
bases
listed
distinction
legislative
finding
intruder
stopped
firearm
four
accidents
within
home
ibid
tradeoff
bear
mention
statute
prevent
stopping
intruders
firearms
pennsylvania
described
amount
five
shillings
contract
matter
nominal
consideration
morris
lessee
smith
dall
many
laws
cited
punished
violation
fine
similar
amount
massachusetts
law
carried
somewhat
larger
fine
shillings
forfeiture
weapon
footnotes
limited
congressional
activity
earlier
federal
excise
tax
firearms
passed
part
revenue
act
stat
statute
enacted
prohibiting
shipment
handguns
revolvers
concealable
weapons
mails
ch
stat
hereinafter
act
fifth
circuit
decision
emerson
every
appeals
consider
question
understood
miller
hold
second
amendment
protect
right
possess
use
guns
purely
private
civilian
purposes
see
haney
napier
gillespie
indianapolis
scanio
wl
unpublished
opinion
wright
rybar
hickman
block
hale
thomas
city
council
portland
per
curiam
johnson
per
curiam
johnson
see
also
sandidge
dc
app
number
courts
remained
firm
prior
positions
even
considering
emerson
see
lippman
parker
jackubowski
fed
appx
unpublished
opinion
silveira
lockyer
milheron
supp
bach
pataki
supp
ndny
smith
armed
forces
discussion
lewis
brief
significant
upholding
conviction
receipt
firearm
felon
wrote
legislative
restrictions
use
firearms
neither
based
upon
constitutionally
suspect
criteria
entrench
upon
constitutionally
protected
liberties
see
miller
second
amendment
guarantees
right
keep
bear
firearm
reasonable
relationship
preservation
efficiency
well
regulated
militia
see
vasquez
hillery
stare
decisis
permits
society
presume
bedrock
principles
founded
law
rather
proclivities
individuals
thereby
contributes
integrity
constitutional
system
government
appearance
fact
stare
decisis
inexorable
command
careful
observer
discern
detours
straight
path
stare
decisis
past
occurred
articulable
reasons
felt
obliged
bring
opinions
agreement
experience
facts
newly
ascertained
burnet
coronado
oil
gas
brandeis
dissenting
pollock
farmers
loan
trust
white
dissenting
fundamental
conception
judicial
body
one
hedged
precedents
binding
without
regard
personality
members
break
belief
judicial
continuity
let
felt
great
constitutional
questions
depart
settled
conclusions
predecessors
determine
according
mere
opinion
temporarily
fill
bench
constitution
judgment
bereft
value
become
dangerous
instrument
rights
liberties
people
virginia
declaration
rights
provided
militia
composed
body
people
trained
arms
proper
natural
safe
defence
free
state
standing
armies
time
peace
avoided
dangerous
liberty
cases
military
strict
subordination
governed
civil
power
schwartz
bill
rights
hereinafter
schwartz
maryland
declaration
rights
arts
provided
militia
proper
natural
defence
free
government
standing
armies
dangerous
liberty
raised
kept
without
consent
legislature
cases
times
military
strict
subordination
control
civil
power
schwartz
delaware
declaration
rights
provided
well
regulated
militia
proper
natural
safe
defence
free
government
standing
armies
dangerous
liberty
raised
kept
without
consent
legislature
cases
times
military
strict
subordination
governed
civil
power
schwartz
finally
new
hampshire
bill
rights
arts
read
well
regulated
militia
proper
natural
sure
defence
state
standing
armies
dangerous
liberty
raised
kept
without
consent
legislature
cases
times
military
strict
subordination
governed
civil
power
schwartz
elsewhere
provided
person
conscientiously
scrupulous
lawfulness
bearing
arms
shall
compelled
thereto
provided
pay
equivalent
art
xiii
language
amendment
preamble
also
closely
tracks
language
number
contemporaneous
state
militia
statutes
many
began
nearly
identical
statements
georgia
militia
statute
example
began
hereas
well
ordered
disciplined
militia
essentially
necessary
safety
peace
prosperity
state
act
colonial
records
state
georgia
candler
ed
pt
north
carolina
militia
statute
started
language
whereas
well
regulated
militia
absolutely
necessary
defending
securing
liberties
free
state
sess
laws
ch
connecticut
acts
laws
regulating
militia
began
whereas
defence
security
free
depends
god
upon
exertions
well
regulated
militia
laws
heretofore
enacted
proved
inadequate
end
designed
acts
laws
hereinafter
acts
state
militia
statutes
give
content
notion
militia
identify
persons
compose
state
militia
create
regiments
brigades
divisions
set
forth
command
structures
provide
appointment
officers
describe
militia
assembled
necessary
provide
training
prescribe
penalties
nonappearance
delinquency
failure
keep
required
weapons
ammunition
necessary
equipment
obligation
militia
members
keep
certain
specified
arms
detailed
infra
accompanying
text
sources
cites
simply
support
proposition
logical
connection
two
clauses
required
dwarris
treatise
example
merely
explains
general
purview
statute
necessarily
restrained
words
introductory
enacting
clauses
dwarris
general
treatise
statutes
potter
ed
emphasis
added
treatise
proceeds
caution
preamble
control
enacting
part
statute
expressed
clear
unambiguous
terms
yet
doubt
arise
words
enacting
part
preamble
may
resorted
explain
sutherland
makes
point
explaining
preambles
important
england
treatise
notes
settled
principle
law
preamble
control
enacting
part
statute
cases
enacting
part
expressed
clear
unambiguous
terms
singer
sutherland
statutory
construction
rev
ed
emphasis
added
surely
even
believes
amendment
operative
provision
though
words
length
takes
better
part
pages
parse
perfectly
clear
unambiguous
repeated
citation
dissenting
opinion
muscarello
ante
illuminating
meaning
bear
arms
borders
risible
issue
muscarello
proper
construction
word
carries
ed
supp
dissent
case
made
passing
reference
second
amendment
course
observing
constitution
black
law
dictionary
suggested
something
active
placement
gun
glove
compartment
might
meant
phrase
firearm
amici
professors
linguistics
english
reviewed
uses
term
bear
arms
compilation
books
pamphlets
sources
disseminated
period
declaration
independence
adoption
second
amendment
see
brief
professors
linguistics
english
amici
curiae
amici
determined
texts
employed
term
five
usages
clearly
military
context
four
remaining
five
instances
qualifying
language
conveyed
different
meaning
allows
phrase
bear
arms
idiomatic
meaning
serve
soldier
military
service
fight
ante
asserts
unequivocally
bore
idiomatic
meaning
followed
preposition
turn
followed
target
hostilities
ante
contemporary
sources
make
clear
phrase
bear
arms
often
used
convey
military
meaning
without
additional
words
see
printer
providence
gazette
may
common
estimate
three
millions
people
america
allowing
one
five
bear
arms
found
fighting
men
letter
henry
laurens
mass
council
letters
delegates
congress
smith
ed
congress
yesterday
informed
canadians
returned
saratoga
compelled
sir
guy
carleton
bear
arms
manner
making
war
among
indians
connecticut
courant
may
indians
begin
bear
arms
age
fifteen
lay
aside
arrive
age
sixty
nations
southward
informed
continue
military
exercises
fifty
journals
continental
congress
hunt
ed
hostages
mutually
given
security
convention
troops
received
exchange
bear
arms
prior
first
day
may
next
whereas
commanders
british
armed
vessels
impressed
many
american
seamen
compelled
bear
arms
board
said
vessels
assist
fighting
battles
nations
amity
peace
petitioners
state
residing
british
province
canada
commencement
late
war
owing
attachment
refused
bear
arms
called
upon
british
authorities
aymette
state
case
cited
miller
confirms
reading
phrase
aymette
tennessee
construed
guarantee
tennessee
constitution
free
white
men
state
right
keep
bear
arms
common
defence
explaining
provision
adopted
goals
federal
constitution
second
amendment
wrote
words
arms
reference
military
use
employed
mean
wearing
person
part
dress
object
right
keep
bear
arms
secured
general
public
nature
exercised
people
body
common
defence
arms
right
keep
secured
usually
employed
civilized
warfare
constitute
ordinary
military
equipment
elaborated
may
remark
phrase
arms
used
kentucky
constitution
well
implies
already
suggested
military
use
man
pursuit
deer
elk
buffaloes
might
carry
rifle
every
day
forty
years
yet
never
said
borne
arms
much
less
said
private
citizen
bears
arms
dirk
pistol
concealed
clothes
spear
cane
lucidly
explained
context
statute
mandating
sentencing
enhancement
person
uses
firearm
crime
violence
drug
trafficking
crime
use
instrumentality
ordinarily
means
use
intended
purpose
someone
asks
use
cane
inquiring
whether
grandfather
walking
stick
display
hall
wants
know
whether
walk
cane
similarly
speak
firearm
speak
using
distinctive
purpose
weapon
sure
one
use
firearm
number
ways
including
article
exchange
one
cane
hall
decoration
ordinary
meaning
one
appear
grasp
distinction
word
used
ordinarily
used
smith
scalia
dissenting
internal
marks
footnotes
citations
omitted
see
also
act
regulating
training
arraying
militia
state
laws
ch
xiii
enacted
person
enrolled
aforesaid
shall
also
keep
place
abode
one
pound
good
merchantable
gunpowder
three
pounds
ball
sized
musket
rifle
emphasis
added
act
establishing
militia
del
laws
enacted
every
person
ages
eighteen
fifty
shall
expense
provide
musket
firelock
bayonet
cartouch
box
contain
twenty
three
cartridges
priming
wire
brush
six
flints
good
order
first
day
april
next
penalty
forty
shillings
shall
keep
times
ready
fit
service
penalty
two
shillings
six
pence
neglect
default
thereof
every
muster
day
second
emphasis
added
acts
shall
duty
regional
provide
keep
sufficient
quantity
ammunition
warlike
stores
use
respective
regiments
kept
place
places
shall
ordered
field
officers
emphasis
added
notes
first
amendment
protects
two
separate
rights
phrase
singular
people
peaceably
assemble
petition
government
redress
grievances
ante
proves
point
contrast
language
quoted
second
amendment
protect
right
keep
bear
arms
rather
right
keep
bear
arms
state
constitutions
cited
distinguishable
ground
atomistic
approach
construing
amendment
calls
mind
parable
six
blind
men
elephant
famously
set
verse
john
godfrey
saxe
poems
john
godfrey
saxe
parable
blind
man
approaches
single
elephant
touching
different
part
elephant
body
isolation
concludes
learned
true
nature
one
touches
animal
leg
concludes
elephant
like
tree
another
touches
trunk
decides
elephant
like
snake
course
fundamentally
failed
grasp
nature
creature
ting
atom
sovereignty
framers
created
political
capacities
one
state
one
federal
protected
incursion
resulting
constitution
created
legal
system
unprecedented
form
design
establishing
two
orders
government
direct
relationship
privity
set
mutual
rights
obligations
people
sustain
governed
saenz
roe
quoting
term
limits
thornton
kennedy
concurring
indeed
one
grievances
voiced
colonists
paragraph
declaration
independence
charged
king
george
kept
among
us
times
peace
standing
armies
without
consent
legislatures
george
washington
writing
congress
september
warned
congress
place
dependance
upon
militia
assuredly
resting
upon
broken
staff
writings
george
washington
fitzpatrick
ed
several
years
later
reiterated
view
another
letter
congress
regular
troops
alone
equal
exigencies
modern
war
well
defence
offence
militia
ever
acquire
habits
necessary
resist
regular
force
firmness
requisite
real
business
fighting
attained
constant
course
discipline
service
alexander
hamilton
argued
view
many
debates
wrote
expect
shall
told
militia
country
natural
bulwark
times
equal
national
defense
doctrine
substance
like
lost
us
independence
war
like
things
science
acquired
perfected
diligence
perseverance
time
practice
federalist
rossiter
ed
ut
appropriation
money
use
raising
supporting
armies
shall
longer
term
two
years
art
cl
calling
forth
power
permitted
order
militia
execute
laws
union
suppress
insurrections
repel
invasions
art
cl
assumes
incorrectly
view
even
state
militia
called
service
congress
power
exclude
individuals
enlistment
state
militia
see
ante
assumption
supported
text
militia
clauses
original
constitution
confer
upon
congress
power
organiz
ar
disciplin
militia
art
cl
power
say
members
state
militia
also
flatly
inconsistent
second
amendment
power
create
militias
provides
easy
answer
complaint
right
described
empty
merely
guarantees
citizens
right
use
gun
organization
congress
plenary
authority
exclude
ante
addition
cautionary
references
standing
armies
importance
civil
authority
military
proposals
contained
guarantee
closely
resembled
language
later
became
third
amendment
proposal
virginia
north
carolina
read
soldier
time
peace
quartered
house
without
consent
owner
time
war
manner
law
directs
elliott
new
york
language
read
time
peace
soldier
quartered
house
without
consent
owner
time
war
civil
magistrate
manner
laws
may
direct
schwartz
tenth
standing
army
shall
kept
time
peace
unless
consent
three
fourths
members
branch
congress
shall
soldiers
time
peace
quartered
upon
private
houses
consent
owners
madison
explained
letter
richard
peters
paramount
importance
preparing
list
amendments
placate
ratified
constitution
reliance
commitment
amendments
follow
many
constitution
adopted
tacit
compact
favor
subsequent
provisions
head
virginia
certainly
rejected
assurances
given
advocates
provisions
pursued
honest
man
feel
self
bound
consideration
creating
bill
rights
veit
bowling
bickford
eds
hereinafter
veit
adopted
language
virginia
declaration
rights
read
follows
militia
composed
body
people
trained
arms
proper
natural
safe
defence
free
state
standing
armies
time
peace
avoided
dangerous
liberty
cases
military
strict
subordination
governed
civil
power
schwartz
veit
objection
voiced
elbridge
gerry
went
remark
next
breath
sir
use
militia
prevent
establishment
standing
army
bane
liberty
whenever
government
mean
invade
rights
liberties
people
always
attempt
destroy
militia
order
raise
army
upon
ruins
ibid
failed
maryland
proposals
contained
similar
language
see
supra
suggests
historical
analysis
casts
second
amendment
odd
outlier
ante
outlier
means
second
amendment
enacted
unique
novel
context
responded
particular
challenges
presented
framers
federalism
experiment
quarrel
characterization
fixation
last
two
types
sources
particularly
puzzling
since
characteristics
postenactment
legislative
history
generally
viewed
least
reliable
source
authority
ascertaining
intent
provision
drafters
explained
legislative
history
statute
history
consideration
enactment
legislative
history
presumably
means
history
statute
consideration
enactment
contradiction
terms
phrase
used
smuggle
judicial
consideration
legislators
expression
bill
currently
consideration
means
theory
goes
reflects
colleagues
understood
voting
law
previously
enacted
means
opinion
views
legislator
concerning
statute
already
enacted
entitled
weight
views
judge
concerning
statute
yet
passed
sullivan
finkelstein
scalia
concurring
part
stretches
derive
additional
support
scattered
cases
primarily
concerned
state
constitutional
provisions
see
ante
extent
state
courts
assumed
second
amendment
coterminous
differently
worded
state
constitutional
arms
provisions
discussions
course
dicta
moreover
cases
relies
decided
years
ratification
second
amendment
indication
engaged
careful
textual
historical
analysis
federal
constitutional
provision
finally
interpretation
second
amendment
advanced
cases
clear
apparently
believes
aldridge
commonwealth
cas
example
virginia
pointed
restriction
free
blacks
right
bear
arms
evidence
protections
state
federal
constitutions
extend
free
blacks
asserts
claim
obviously
blacks
prevented
carrying
guns
militia
ante
obvious
many
including
virginia
free
blacks
colonial
period
prohibited
carrying
guns
militia
instead
required
muste
without
arms
later
barred
serving
militia
altogether
see
siegel
federal
government
power
enact
laws
originalist
inquiry
nw
rev
point
aldridge
endorsed
view
amendment
plainly
premise
relevant
passage
second
amendment
applied
rather
point
simply
understood
second
amendment
protect
right
thus
passing
mention
right
bear
arms
provides
scant
support
position
government
argued
brief
seem
early
english
law
guarantee
unrestricted
right
bear
arms
recognition
existed
right
people
keep
bear
arms
appears
resulted
oppression
rulers
disarmed
political
opponents
organized
large
standing
armies
obnoxious
burdensome
people
right
however
clear
gave
sanction
arming
people
body
defend
rights
tyrannical
unprincipled
rulers
permit
keeping
arms
purposes
private
defense
brief
miller
pp
citations
omitted
government
cited
length
tennessee
opinion
aymette
situated
english
bill
rights
historical
context
see
supra
moreover
crown
parliament
bound
english
provision
indeed
according
prominent
historians
article
vii
best
understood
announcing
individual
right
unregulated
firearm
ownership
reading
fly
face
text
assertion
concept
parliamentary
supremacy
see
brief
jack
rakove
et
al
amici
curiae
example
george
tucker
relies
heavily
consistently
adhere
position
amendment
designed
protect
blackstonian
right
ante
series
unpublished
lectures
tucker
suggested
amendment
understood
context
compromise
military
power
represented
original
constitution
second
tenth
amendments
state
chooses
incur
expense
putting
arms
hands
citizens
defense
require
small
ingenuity
prove
right
means
contravene
authority
federal
govt
may
alleged
indeed
might
done
purpose
resisting
laws
federal
government
shaking
union
plainest
answer
seems
whenever
think
proper
adopt
either
measures
fear
infringing
powers
federal
government
contend
power
dangerous
reasons
maintained
subversive
every
principle
freedom
government
first
congress
appears
sensible
proposing
amendment
constitution
since
ratified
become
part
well
regulated
militia
necessary
security
free
state
right
people
keep
bear
arms
shall
infringed
may
add
power
arming
militia
one
prohibited
constitution
consequently
reserved
twelfth
article
ratified
aments
tucker
ten
notebooks
law
lectures
papers
pp
college
william
mary
see
also
cornell
george
tucker
second
amendment
original
understandings
modern
misunderstandings
wm
mary
rev
acknowledge
least
one
early
commentator
described
second
amendment
creating
right
conditioned
upon
service
state
militia
see
ante
citing
oliver
rights
american
citizen
apart
fact
oliver
commentator
exhaustive
survey
appears
inquired
intent
drafters
amendment
striking
discussion
failure
refute
oliver
description
meaning
amendment
intent
drafters
rather
adverts
simple
dismiss
view
miller
additional
specified
weaponry
included
sufficient
bayonet
belt
two
spare
flints
knapsack
pouch
box
therein
contain
less
cartridges
suited
bore
musket
firelock
cartridge
contain
proper
quantity
powder
ball
good
rifle
knapsack
twenty
balls
suited
bore
rifle
quarter
pound
powder
stat
another
case
endorsed
albeit
indirectly
reading
miller
well
settled
today
burton
sills
per
curiam
dismissed
want
substantial
federal
question
appeal
decision
new
jersey
upholding
second
amendment
challenge
new
jersey
gun
control
law
although
much
analysis
new
jersey
opinion
turned
inapplicability
second
amendment
constraint
also
quite
correctly
read
miller
hold
congress
though
admittedly
governed
second
amendment
may
regulate
interstate
firearms
long
regulation
impair
maintenance
active
organized
militia
burton
sills
statute
enacted
mention
second
amendment
potential
obstacle
although
earlier
version
bill
generated
limited
objections
second
amendment
grounds
see
cong
rec
act
featured
one
colloquy
course
lengthy
committee
debates
whether
second
amendment
constrained
congress
ability
legislate
sphere
see
hearings
house
committee
ways
means
majority
appears
suggest
even
meaning
second
amendment
considered
settled
courts
legislatures
two
centuries
settled
meaning
overcome
reliance
millions
americans
upon
true
meaning
right
keep
bear
arms
ante
presumably
means
many
americans
guns
recreation
lawful
purposes
object
government
interference
gun
ownership
dispute
correctness
observation
hard
see
americans
relied
usual
sense
word
existence
constitutional
right
rejected
every
federal
take
question
rather
gun
owners
relied
laws
passed
democratically
elected
legislatures
generally
adopted
limited
measures
indeed
reliance
interests
surely
cut
way
even
apart
reliance
judges
legislators
properly
believed
today
second
amendment
reach
possession
firearms
purely
private
activities
millions
americans
relied
power
government
protect
safety
families
respect
case
us
legislature
district
columbia
relied
ability
act
reduce
potentiality
crimes
deaths
occurring
within
district
columbia
con
res
see
post
breyer
dissenting
residents
district
years
decision
miller
justice
frankfurter
measure
true
judicial
conservative
warned
perils
attend
entry
political
thicket
legislative
districting
colegrove
green
plurality
opinion
equally
controversial
political
thicket
decided
enter
today
qualitatively
different
one
concerned
justice
frankfurter
entry
thicket
justified
political
process
manifestly
unable
solve
problem
unequal
districts
one
suggested
political
process
working
exactly
mediating
debate
advocates
opponents
gun
control
impact
unjustified
entry
thicket
ongoing
debate
indeed
matter
future
historians
doubt
discuss
length
however
clear
adherence
policy
judicial
restraint
far
wiser
bold
decision
announced
today