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The Annenberg Guide to the United States Constitution

Second Amendment

The Text

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

The Meaning

Right to Bear Arms: The principal debate surrounding the Second Amendment has been whether the right to use and buy guns belongs to individuals or only to a militia. Starting in 2008, in two cases, the Supreme Court accepted the view that Americans have the right to arm themselves for personal use in their home and applied it to federal, state and local laws. The courts have permitted the government to limit some rights of gun manufacturers, owners and sellers. Today, questions about the Second Amendment center on bans on assault weapons, mandatory background checks, waiting periods, and other restrictions on gun sales or use. Gun control legislation varies widely among the fifty states.

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