What the United States Constitution Really Says about the Right to Bear Arms

There’s a lot of misinformation floating around about the Second Amendment to the United States Constitution. Lots of people arguing that it creates an individual right to carry concealed weapons for personal protection, or just for the fun of intimidating others. Sorry, that’s not what the Constitution says.

Here is what the United States Constitution actually does say about Militias and the corresponding right to bear arms:

Article I - The Legislative Branch, Section 8 - Powers of Congress

“The Congress shall have Power . . .

“To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

“To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
. . .
“To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

Article II - The Executive Branch, Section 2 - Civilian Power over Military, Cabinet, Pardon Power, Appointments

“The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; . . . .”

The Second Amendment then provides:

“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 Constitutional right to keep and bear Arms is to empower the People to form a well regulated Militia, when called upon to do so. The Militia has a very limited purpose: “[when called upon by Congress] to execute the Laws of the Union, suppress Insurrections and repel Invasions.” That’s it! The right to keep and bear arms is in service of the People’s ability to execute the laws of the Union, suppress insurrection and repel invasion. Nothing more. Carrying weapons for personal protection is not part of the Second Amendment. For that matter, neither is hunting.

Further, the President is the commander in chief of the militia. So, when you are “exercising your Second Amendment right” to carry weapons, you are subject to the President’s authority, and to Congress’s regulation.

Otherwise, you are an insurrectionist. That’s what the United States Constitution says.