Pre-Constitution background Second Amendment to the United States Constitution

ideals helped inspire second amendment in part symbolized minutemen.

early english settlers in america viewed right arms and/or right bear arms and/or state militias important 1 or more of these purposes (in no particular order):

enabling people organize militia system.
participating in law enforcement;
deterring tyrannical government;
repelling invasion;
suppressing insurrection, allegedly including slave revolts;
facilitating natural right of self-defense.

which of these considerations thought of important , found expression in second amendment disputed. of these purposes explicitly mentioned in state constitutions; example, pennsylvania constitution of 1776 asserted that, people have right bear arms defence of , state .

during 1760s pre-revolutionary period, established colonial militia composed of colonists, including many loyal british imperial rule. defiance , opposition british rule developed, distrust of these loyalists in militia became widespread among colonists, known patriots, favored independence british rule. result, patriots created own militias excluded loyalists , sought stock independent armories militias. in response arms build up, british parliament established embargo on firearms, parts , ammunition on american colonies.

british , loyalist efforts disarm colonial patriot militia armories in phases of american revolution resulted in patriot colonists protesting citing declaration of rights, blackstone s summary of declaration of rights, own militia laws , common law rights self-defense. while british policy in phases of revolution aimed prevent coordinated action patriot militia, have argued there no evidence british sought restrict traditional common law right of self-defense. patrick j. charles disputes these claims citing similar disarming patriots , challenging scholars interpretation of blackstone.

the right of colonists arms , rebellion against oppression asserted, example, in pre-revolutionary newspaper editorial in 1769 boston objecting british army suppression of colonial opposition townshend acts:

instances of licentious , outrageous behavior of military conservators of peace still multiply upon us, of of such nature, , have been carried such lengths, must serve evince late vote of town, calling upon inhabitants provide arms defense, measure prudent legal: such violences apprehended military troops, when quartered in body of populous city; more so, when led believe become necessary awe spirit of rebellion, injuriously said existing therein. natural right people have reserved themselves, confirmed bill of rights, keep arms own defence; , mr. blackstone observes, made use of when sanctions of society , law found insufficient restrain violence of oppression.

the armed forces won american revolution consisted of standing continental army created continental congress, regular french army , naval forces , various state , regional militia units. in opposition, british forces consisted of mixture of standing british army, loyalist militia , hessian mercenaries. following revolution, united states governed articles of confederation. federalists argued government had unworkable division of power between congress , states, caused military weakness, standing army reduced few 80 men. considered bad there no effective federal military crackdown on armed tax rebellion in western massachusetts known shays rebellion. anti-federalists on other hand took side of limited government , sympathized rebels, many of whom former revolutionary war soldiers. subsequently, constitutional convention proposed in 1787 grant congress exclusive power raise , support standing army , navy of unlimited size. anti-federalists objected shift of power states federal government, adoption of constitution became more , more likely, shifted strategy establishing bill of rights put limits on federal power.

modern scholars thomas b. mcaffee , michael j. quinlan have stated james madison did not invent right keep , bear arms when drafted second amendment; right pre-existing @ both common law , in state constitutions. in contrast, historian jack rakove suggests madison s intention in framing second amendment provide assurances moderate anti-federalists militias not disarmed.

one aspect of gun control debate conflict between gun control laws , right rebel against unjust governments. blackstone in commentaries alluded right rebel natural right of resistance , self preservation, used last resort, exercisable when sanctions of society , laws found insufficient restrain violence of oppression . believe framers of bill of rights sought balance not political power, military power, between people, states , nation, alexander hamilton explained in 1788:

[i]f circumstances should @ time oblige government form army of magnitude[, ] army can never formidable liberties of people while there large body of citizens, little, if @ all, inferior them in discipline , use of arms, stand ready defend own rights , of fellow-citizens.

some scholars have said wrong read right of armed insurrection in second amendment because founding fathers sought place trust in power of ordered liberty of democratic government versus anarchy of insurrectionists. other scholars, such glenn reynolds, contend framers did believe in individual right armed insurrection. latter scholars cite examples, such declaration of independence (describing in 1776 right of people to...institute new government ) , constitution of new hampshire (stating in 1784 nonresistance against arbitrary power, , oppression, absurd, slavish, , destructive of , happiness of mankind ).

there ongoing debate beginning in 1789 people fighting governmental tyranny (as described anti-federalists); or risk of mob rule of people (as described federalists) related increasingly violent french revolution. widespread fear, during debates on ratifying constitution, possibility of military takeover of states federal government, happen if congress passed laws prohibiting states arming citizens, or prohibiting citizens arming themselves. though has been argued states lost power arm citizens when power arm militia transferred states federal government article i, section 8 of constitution, individual right arm retained , strengthened militia acts of 1792 , similar act of 1795.