English: The Bill of Rights, the first ten amendments to the United States Constitution (Photo credit: Wikipedia)
The Second Amendment to the United States Constitution, relating to the right of people to bear arms, was enacted as part of the Bill of Rights, its ratification occurring on 15 December 1791 with the support of the Virginia Legislature.
- 1 Text of the Second Amendment
- 2 Earlier proposals and drafts of the Amendment
- 3 Quotes relating to the adoption of the Amendment
- 4 Other quotes
- 5 Misattributed
- 6 External links
Text of the Second Amendment
The Second Amendment, as passed by the House and Senate and later ratified by the States, reads:
- A well regulated militia, being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.
The hand-written copy of the Bill of Rights which hangs in the National Archives had slightly different capitalization and punctuation inserted by William Lambert, the scribe who prepared it. This copy reads:
- A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Both versions are commonly used by "official" U.S. government publications.
Earlier proposals and drafts of the Amendment
- And that the said Constitution be never construed to authorize Congress to infringe the just liberty of the press, or the rights of conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms.
- Samuel Adams, (6 February 1788), reported in Charles Hale, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts (1856), p. 86. This language was proposed in the Massachusetts convention for ratification of the U.S. Constitution to be added to Article I of that document.
- The right of the people to keep and bear arms shall not be infringed; a well armed and well regulated militia being the best security of a free country; but no person religiously scrupulous of bearing arms shall be compelled to render military service in person.
- Original text of what was to become the Second Amendment, as brought to the floor to the first session of the first congress of the U.S. House of Representatives. original text
- A well regulated militia, composed of the body of the people, being the best security of a free State, the right of the people to keep and bear arms shall not be infringed, but no person religiously scrupulous shall be compelled to bear arms.
- Reworded version of the Second Amendment by the select committee on the Bill of Rights, July 28th 1789. AoC pp. 669).
- A well regulated militia, composed of the body of the people, being the best security of a free state, the right of the people to keep and bear arms shall not be infringed; but no one religiously scrupulous of bearing arms shall be compelled to render military service in person.
- Draft version of the Second Amendment sent by the House of Representatives to the United States Senate, on August 24th, 1789. (Note: When the Amendment was transcribed, the semicolon in the religious exemption portion was changed to a comma by the Senate scribe).
- A well regulated militia, being the best security of a free state, the right of the people to keep and bear arms, shall not be infringed
- Revision voted on in the U.S. Senate, September 4th, 1789.
- A well regulated militia being the security of a free state, the right of the people to keep and bear arms shall not be infringed.
- Final version passed by the U.S. Senate; the phrase "necessary to" was added when the proposed Amendment was entered into the U.S. House journal.
- The following statements were made by various founding fathers prior to the adoption of the Second Amendment. While most date from before the wording of the second amendment was established, four were made during the 1789 debates over its adoption:
- A well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.
- Virginia Declaration of Rights (12 June 1776).
- It is true, the yeomanry of the country possess the lands, the weight of property, possess arms, and are too strong a body of men to be openly offended-and, therefore, it is urged, they will take care of themselves, that men who shall govern will not dare pay any disrespect to their opinions. It is easily perceived, that if they have not their proper negative upon passing laws in congress, or on the passage of laws relative to taxes and armies, they may in twenty or thirty years be by means imperceptible to them, totally deprived of that boasted weight and strength: This may be done in great measure by congress, if disposed to do it, by modelling the militia. Should one fifth, or one eighth part of the men capable of bearing arms, be made a select militia, as has been proposed, and those the young and ardent part of the community, possessed of but little or no property, and all the others put upon a plan that will render them of no importance, the former will answer all the purposes of an army, while the latter will be defenceless.
- Letters from the Federal Farmer to the Republican, III (November 1787).
- No freeman shall ever be debarred the use of arms.
- Proposed Virginia Constitution, June, 1776.
- Occasionally this quote attributed to Thomas Jefferson is given with the following citation: Thomas Jefferson Papers, 334 (C.J.Boyd, Ed., 1950). The publication exists, but the quote does not. And the editor's correct name is Julian P. Boyd, not C.J. Boyd. In other cases, this quote is added to the end of a proven Jefferson quote "No free man shall ever be debarred the use of arms..." Thomas Jefferson, Proposed Virginia Constitution, 1776, Jefferson Papers 344. What he actually said, in context of the Virginia Constitution drafts is:
- Draft 1: "No Freeman shall ever be debarred the use of arms."1.
- Draft 2: "No Freeman shall be debarred the use of arms [in his own lands or tenements]."
- Draft 3: "No Freeman shall be debarred the use of arms [in his own lands or tenements]."
- As to the species of exercise, I advise the gun. While this gives a moderate exercise to the body, it gives boldness, enterprise, and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body, and stamp no character on the mind. Let your gun therefore be the constant companion of your walks. Never think of taking a book with you.
- God forbid we should ever be twenty years without such a rebellion. The people cannot be all, and always, well informed. The part which is wrong will be discontented, in proportion to the importance of the facts they misconceive. If they remain quiet under such misconceptions, it is lethargy, the forerunner of death to the public liberty.
- What country before ever existed a century and half without a rebellion? And what country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms. The remedy is to set them right as to facts, pardon and pacify them. What signify a few lives lost in a century or two? The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is its natural manure.
- One loves to possess arms, though they hope never to have occasion for them.
- For a people who are free, and who mean to remain so, a well organized and armed militia is their best security.
- The constitutions of most of our States assert, that all power is inherent in the people; that they may exercise it by themselves, … or they may act by representatives, freely and equally chosen; that it is their right and duty to be at all times armed; that they are entitled to freedom of person, freedom of religion, freedom of property, and freedom of the press.
- Here every private person is authorized to arm himself, and on the strength of this authority, I do not deny the inhabitants had a right to arm themselves at that time, for their defense, not for offence.
- As defense attorney for the British soldiers on trial for the Boston Massacre. Reported in L. Kinvin Wroth and Hiller B. Zobel, ed., Legal Papers of John Adams (Cambridge, Mass: Harvard University Press, 1965), 3:248.
- To see that the people be continually trained up in the exercise of arms, and the militia lodged only in the people's hands.
- Marchamont Nedhams, reported in Adams', 'A Defense of the Constitutions of the Government of the United States of America 3:471 (1788); Adams wrote there that "[T]he rule in general is excellent".
- To suppose arms in the hands of citizens, to be used at individual discretion, except in private self-defense, or by partial orders of towns, countries or districts of a state, is to demolish every constitution, and lay the laws prostrate, so that liberty can be enjoyed by no man; it is a dissolution of the government. The fundamental law of the militia is, that it be created, directed and commanded by the laws, and ever for the support of the laws.
- A Defence of the Constitutions of the United States 3:475 (1787-1788).
- The highest number to which, according to the best computation, a standing army can be carried in any country, does not exceed one hundredth part of the whole number of souls; or one twenty-fifth part of the number able to bear arms. This proportion would not yield, in the United States, an army of more than twenty-five or thirty thousand men. To these would be opposed a militia amounting to near half a million of citizens with arms in their hands, officered by men chosen from among themselves, fighting for the common liberties and united and conducted by governments possessing their affections and confidence. It may well be doubted whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops. Those who are best acquainted with the late successful resistance of this country against the British arms will be most inclined to deny the possibility of it. Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of. Notwithstanding the military establishments of the several kingdoms of Europe, which are carried as far as the public resources will bear, the governments are afraid to trust the people with arms.
- Federalist No. 46 (1788).
- In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governd; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.
- Federalist No. 51 (February 8, 1788).
George Mason is considered the "Father of the Bill of Rights." Mason wrote the Virginia Declaration of Rights, which detailed specific rights of citizens. He was later a leader of those who pressed for the addition of explicitly stated individual rights as part of the U.S. Constitution.
- [W]hen the resolution of enslaving America was formed in Great Britain, the British Parliament was advised by an artful man, who was governor of Pennsylvania, to disarm the people; that it was the best and most effectual way to enslave them; but that they should not do it openly, but weaken them, and let them sink gradually. . . .
- At Virginia's U.S. Constitution ratification convention (June 14, 1788), reported in Elliot, Debates of the Several State Conventions 3:380.
- I ask, who are the militia? They consist now of the whole people, except a few public officers. But I cannot say who will be the militia of the future day. If that paper on the table gets no alteration, the militia of the future day may not consist of all classes, high and low, and rich and poor. . . .
- Virginia's U.S. Constitution ratification convention (June 16, 1788), reported in Elliot, Debates of the Several State Conventions 3:425.
- That the People have a right to keep and bear Arms; that a well regulated Militia, composed of the Body of the People, trained to arms, is the proper, natural, and safe Defence of a free state.
- Within Mason's declaration of "the essential and unalienable Rights of the People", later adopted by the Virginia ratification convention (1788).
- Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined.
- Virginia's U.S. Constitution ratification convention (June 5, 1788), reported in Elliot, Debates of the Several State Conventions 3:45.
- My great objection to this government is, that it does not leave us the means of defending our rights or of waging war against tyrants.
- Virginia's U.S. Constitution ratification convention (June 5, 1788), reported in Elliot, Debates of the Several State Conventions 3:47.
- [W]here and when did freedom exist when the power of the sword and purse were given up from the people?
- Virginia's U.S. Constitution ratification convention (June 9, 1788), Elliot, Debates of the Several State Conventions, 3:169.
- The militia, who are in fact the effective part of the people at large, will render many troops quite unnecessary. They will form a powerful check upon the regular troops, and will generally be sufficient to over-awe them.
- Tench Coxe, Delegate to Continental Congress, October 21, 1787.
- The power of the sword, say the minority of Pennsylvania, is in the hands of Congress. My friends and countrymen, it is not so, for THE POWERS OF THE SWORD ARE IN THE HANDS OF THE YEOMANRY OF AMERICA FROM SIXTEEN TO SIXTY. The militia of these free commonwealths, entitled and accustomed to their arms, when compared with any possible army, must be tremendous and irresistible. Who are the militia? are they not ourselves. Is it feared, then, that we shall turn our arms each man against his own bosom. Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American... The unlimited power of the sword is not in the hands of either the federal or state governments, but, where I trust in God it will ever remain, in the hands of the people.
- Tench Coxe, Federal Gazette, June 18, 1789, A friend of James Madison, writing in support of the Madison's first draft of the Bill of Rights.
- The power of the sword, say the minority..., is in the hands of Congress. My friends and countrymen, it is not so, for The powers of the sword are in the hands of the yeomanry of America from sixteen to sixty. The militia of these free commonwealths, entitled and accustomed to their arms, when compared with any possible army, must be tremendous and irresistible. Who are the militia? Are they not ourselves? Is it feared, then, that we shall turn our arms each man against his own bosom. Congress has no power to disarm the militia. Their swords and every terrible implement of the soldier are the birthright of Americans. The unlimited power of the sword is not in the hands of either the federal or state governments but where, I trust in God, it will always remain, in the hands of the people.
- Tench Coxe, The Pennsylvania Gazette (20 February 1788).
- [A]rms like laws discourage and keep the invader and the plunderer in awe, and preserve order in the world as well as property. The balance of power is the scale of peace. The same balance would be preserved were all the world destitute of arms, for all would be alike; but since some will not others dare not lay them aside. And while a single nation refuses to lay them down, it is proper that all should keep them up. Horrid mischief would ensue were one half the world deprived of the use of them; for while avarice and ambition have a place in the heart of man, the weak will become a prey to the strong. The history of every age and nation establishes these truths, and facts need but little arguments when they prove themselves.
- If circumstances should at any time oblige the government to form an army of any magnitude that army can never be formidable to the liberties of the people while there is a large body of citizens, little, if at all, inferior to them in discipline and the use of arms, who stand ready to defend their own rights and those of their fellow-citizens. This appears to me the only substitute that can be devised for a standing army, and the best possible security against it, if it should exist.
- To judge from the history of mankind, we shall be compelled to conclude, that the fiery and destructive passions of war reign in the human breast with much more powerful sway, than the mild and beneficent sentiments of peace ; and that to model our political system upon speculations of lasting tranquility, is to calculate on the weaker springs of the human character.
- The best we can hope for concerning the people at large is that they be properly armed.
- Alexander Hamilton, Federalist No. 46.
- Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom of Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any bands of regular troops that can be, on any pretense, raised in the United States.
- Noah Webster, writing under the nom de plume of "A Citizen of America", as quoted in An Examination Into the Leading Principles of the Constitution (17 October 1787).
- A militia when properly formed are in fact the people themselves...and include all men capable of bearing arms...To preserve liberty it is essential that the whole body of the people always posses arms, and be taught alike, especially when young, how to use them...The mind that aims at a select militia, must be influenced by a truly anti-republican principle.
- Melancton Smith, Additional Letters From The Federal Farmer, 1788.
- The rights of conscience, of bearing arms, of changing the government, are declared to be inherent in the people.
- Fisher Ames, Letter to F.R. Minoe, June 12, 1789 (reporting to Minoe on the amendments proposed by Madison).
- Because there is nothing proportionate between the armed and the unarmed; and it is not reasonable that he who is armed should yield obedience willingly to him who is unarmed, or that the unarmed man should be secure among armed servants. Because, there being in the one disdain and in the other suspicion, it is not possible for them to work well together.
- Niccolò Machiavelli, as quoted in The Prince (1513), by N. Machiavelli, "Chapter 14: That Which Concerns a Prince on the Subject of Art and War", pp. 59-60. Also quoted in Machiavelli: A Biography, by Miles J. Unger, p. 102. This is often quoted as: There can be no proper relation between one who is armed and one who is not. Nor it is reasonable to expect that one who is armed will voluntarily obey one who is not.
- The right of self-defense is the first law of nature; in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Wherever standing armies are kept up, and when the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.
- The importance of this article will scarcely be doubted by any persons, who have duly reflected upon the subject. The militia is the natural defence of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpations of power by rulers. It is against sound policy for a free people to keep up large military establishments and standing armies in time of peace, both from the enormous expenses, with which they are attended, and the facile means, which they afford to ambitious and unprincipled rulers, to subvert the government, or trample upon the rights of the people. The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them. And yet, thought this truth would seem so clear, and the importance of a well regulated militia would seem so undeniable, it cannot be disguised, that among the American people there is a growing indifference to any system of militia discipline, and a strong disposition, from a sense of its burthens, to be rid of all regulations. How is it practicable to keep the people duly armed without some organization, it is difficult to see. There is certainly no small danger, that indifference may lead to disgust, and disgust to contempt; and thus gradually undermine all the protection intended by this clause of our national bill of rights.
- U.S. Supreme Court Justice Joseph Story in his Commentaries on the Constitution of the United States (1833), vol. 3, pp. 746-747.
- The rifle has ever been the companion of the pioneer, and, under God, his tutelary protector against the red man and the beast of the forest. Never was this efficient weapon more needed in just self-defence, than now in Kansas, and at least one article in our National Constitution must be blotted out; before the complete right to it can in any way be impeached. And yet such is the madness of the hour, that, in defiance of the solemn guarantee, embodied in the Amendments to the Constitution, that "the right of the people to keep and bear arms shall not be infringed." the people of Kansas have been arraigned for keeping and bearing them, and the senator from South Carolina has had the face to say openly, on this floor, that they should be disarmed -- of course, that the fanatics of slavery, his allies and constituents, may meet no impediment. Sir, the senator is venerable with years; he is reputed also to have worn at home, in the State which he represents, judicial honors; and he is placed here at the head of an important Committee occupied particularly with questions of law; but neither his years, nor his position, past or present, can give respectability to the demand he has made, or save him from indignant condemnation, when, to compass the wretched purposes of a wretched cause, he thus proposes to trample on one of the plainest provisions of constitutional liberty.
- In reference to you, colored people, let me say God has made you free. Although you have been deprived of your God-given rights by your so-called 'masters', you are now as free as I am, and if those that claim to be your superiors do not know that you are free, take the sword and bayonet and teach them that you are; for God created all men free, giving to each the same rights of life, liberty, and the pursuit of happiness.
- No freedman, Negro, or Mulatto shall carry or keep firearms or ammunition.
- Mississippi Black Code (1865).
- A man's rights rest in three boxes. The ballot box, jury box and the cartridge box. Let no man be kept from the ballot box because of his color. Let no woman be kept from the ballot box because of her sex.
- From the first I saw no chance of bettering the condition of the freedman until he should cease to be merely a freedman and should become a citizen. I insisted that there was no safety for him or for anybody else in America outside the American government; that to guard, protect, and maintain his liberty the freedman should have the ballot; that the liberties of the American people were dependent upon the ballot-box, the jury-box, and the cartridge-box; that without these no class of people could live and flourish in this country; and this was now the word for the hour with me, and the word to which the people of the North willingly listened when I spoke. Hence, regarding as I did the elective franchise as the one great power by which all civil rights are obtained, enjoyed, and maintained under our form of government, and the one without which freedom to any class is delusive if not impossible, I set myself to work with whatever force and energy I possessed to secure this power for the recently-emancipated millions.
- The only good bureaucrat is one with a pistol at his head. Put it in his hand and it's goodbye to the Bill of Rights.
- H.L. Mencken, "A Time to be Wary" (1933), collected in A Carnival of Buncombe.