Gun Control

Second Amendment to the U.S. Constitution

[Given] "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 second amendment is not principally about self-protection nor about sport or subsistence hunting, it is about the final line of defense from external invasion and the ultimate check against internal tyranny. The founding father said the people needed to have equivalent or greater firepower than the federal and or state governments and wrote much about this terse but critical right:

" A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government. "
- George Washington

: "A militia when properly formed is 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 possess arms..." Richard Henry Lee -- Additional Letters From the Federal Farmer 53 (1788.)

"As civil rulers, not having their duty to the people duly before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow-citizens, the people are confirmed by the next article in their right to keep and bear their private arms." Tenche Coxe (1638-1896) America's 1st Asst Secretary of Treasury, Com. of Revenue, prolific writer, from “Remarks on First Part of the Amendments to the Federal Constitution" Federal Gazette 6-18-1789

"The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their own arms." Samuel Adams: -- During Massachusetts' U.S. Constitution Ratification Convention, (1788.)

Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birthright of an American...[T]he 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. Tenche Coxe, The Pennsylvania Gazette, Feb. 20, 1788. America's 1st Asst Secretary of Treasury, Com. of Revenue, prolific writer

"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 band of regular troops..." Noah Webster: -- An examination into the Leading Principles of the Federal Constitution by the Late Convention (1787.)

"No free man shall ever be debarred the use of arms." Thomas Jefferson: -- Proposed Virginia Constitution (1776,) Jefferson Papers 344, (J. Boyd, ed. 1950.)

The Constitution preserves "the advantage of being armed which Americans possess over the people of almost every other nation...(where) the governments are afraid to trust the people with arms."-- James Madison: The Federalist #46.

"...that standing army can never be formidable (threatening) to the liberties of the people, while there is a large body of citizens, little if at all inferior to them in the use of arms." Alexander Hamilton: (Federalist Paper #29)

"A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives 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 your constant companion of your walks.

-Thomas Jefferson

And I sincerely believe, with you, that banking establishments are more dangerous than standing armies; and that the principle of spending money to be paid by posterity, under the name of funding, is but swindling futurity on a large scale."

-Thomas Jefferson in a letter to John Taylor

What about this militia?

"I ask, sir, what is the militia? It is the whole people...to disarm the people is the best and most effectual way to enslave them." George Mason: -- During Virginia's ratification convention, (1788.)

Note: Tenche Coxe clear statement that neither the Federal nor State government would be the possessor of this ultimate check to tyranny, but it would rest in the hands of the people. So when they declare that the government derives its just power from the people – they clearly intended the people to in fact be possessors of real power.

Who are the militia? Are they not ourselves? Is it feared, then, that we shall turn our arms each man gainst his own bosom. Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birthright of an American...[T]he 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. Tenche Coxe, The Pennsylvania Gazette, Feb. 20, 1788. America's 1st Asst Secretary of Treasury, Com. of Revenue, prolific writer

To oblige the great body of the yeomanry, and of the other classes of the citizens, to be under arms for the purpose of going through military exercises and evolutions, as often as might be necessary to acquire the degree of perfection which would entitle them to the character of a well-regulated militia, would be a real grievance to the people, and a serious public inconvenience and loss… Little more can reasonably be aimed at, with respect to the people at large, than to have them properly armed and equipped" – Alexander Hamilton, Federalist No.2

Unlawful use of arms from swords to pistols was surprisingly a topic for discussion and debate by the founding fathers when they established this actual power in the people.

One loves to possess arms, though they hope never to have occasion for them.
Thomas Jefferson to George Washington, 1796. The Writings of Thomas Jefferson, (Memorial Edition) Lipscomb and Bergh, editors.

"Arms in the hands of individual citizens may be used at individual discretion... in private self defence." John Adams:-- A Defense of the U.S. Constitutions of Government of the United States of America (1787-88.)

Laws that forbid the carrying of arms... disarm only those who are neither inclined nor determined to commit crimes... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man. Jefferson's "Commonplace Book," 1774-1776, On Crimes and Punishment, by criminologist Cesare Beccaria, 1764

"...arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property... Horrid mischief would ensue were the law-abiding deprived of the use of them." Thomas Paine: -- Thoughts on Defensive War, (1775.)

"Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man." Thomas Jefferson:-- Quoting 18th Century criminologist Cesare Beccaria in On Crimes and Punishment (1764.)

“The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us.” Patrick Henry: “Give me liberty” speech.

What the Founding Fathers Meant by the "Militia"

IMPORTANT NOTE: Back in the 18th century, a "regular" army meant an army that had standard military equipment. So a "well regulated" army was simply one that was "well equipped" and organized. It does not refer to a professional army. The 17th century folks used the term "standing army" or "regulars" to describe a professional army. Therefore, "a well regulated militia" only means a well equipped militia that was organized and maintained internal discipline. It does not imply the modern meaning of "regulated," which means controlled or administered by some superior entity. Federal control over the militia comes from other parts of the Constitution, but not from the Second Amendment.

George Mason: "I ask you sir, who are the militia? They consist now of the whole people." (Elliott, Debates, 425-426)

Richard Henry Lee: "A militia, when properly formed, are in fact the people themselves...and include all men capable of bearing arms." (Additional letters from the Federal Farmer, at 169, 1788)

James Madison: "A WELL REGULATED militia, composed of the people, trained to arms, is the best and most natural defense of a free country." (1st Annals of Congress, at 434, June 8th 1789, emphasis added.

James Madison: "As the greatest danger to liberty is from large standing armies, it is best to prevent them by an effectual provision for a good militia." (notes of debates in the 1787 Federal Convention)

Patrick Henry: "The people have a right to keep and bear arms." (Elliott, Debates at 185)

Alexander Hamilton: "...that standing army can never be formidable (threatening) to the liberties of the people, while there is a large body of citizens, little if at all inferior to them in the use of arms." (Federalist Paper #29)

"Little more can be aimed at with respect to the people at large than to have them properly armed and equipped." (Id) {responding to the claim that the militia itself could threaten liberty}" There is something so far-fetched, and so extravagant in the idea of danger of liberty from the militia that one is at a loss whether to treat it with gravity or raillery (mockery). (Id)

Joseph Story: "The militia is the natural defense 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." – Joseph Story. Commentaries on the Constitution of the United States. 3 vols. Boston, 1833.

President James Madison: "...to support the Constitution, which is the cement of the Union, as well in its limitations as in its authorities; to respect the rights and authorities reserved to the States and to the people as equally incorporated with and essential to the success of the general system;... to keep within the requisite limits a standing military force, always remembering that an armed and trained militia is the firmest bulwark of republics – that without standing armies their liberty can never be in danger, nor with large ones safe;..." – President James Madison, First Inaugural address, Saturday, March 4, 1809.

Tenche Coxe: "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 birthright 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." – Tenche Coxe, The Pennsylvania Gazette, Feb. 20, 1788.

William Rawle: "In the second article, it is declared, that a well regulated militia is necessary to a free state; a proposition from which few will dissent. Although in actual war, in the services of regular troops are confessedly more valuable; yet while peace prevails, and in the commencement of a war before a regular force can be raised, the militia form the palladium of the country. They are ready to repel invasion, to suppress insurrection, and preserve the good order and peace of government. That they should be well regulated, is judiciously added. A disorderly militia is disgraceful to itself, and dangerous not to the enemy, but to its own country. The duty of the state government is, to adopt such regulation as will tend to make good soldiers with the least interruptions of the ordinary and useful occupations of civil life. In this all the Union has a strong and visible interest." – William Rawle, "A View of the Constitution of the United States of America" (1829)

Alexander Hamilton: "The project of disciplining all the militia of the United States is as futile as it would be injurious, if it were capable of being carried into execution. A tolerable expertness in military movements is a business that requires time and practice. It is not a day, or even a week, that will suffice for the attainment of it. To oblige the great body of the yeomanry, and of the other classes of the citizens, to be under arms for the purpose of going through military exercises and evolutions, as often as might be necessary to acquire the degree of perfection which would entitle them to the character of a well-regulated militia, would be a real grievance to the people, and a serious public inconvenience and loss. It would form an annual deduction from the productive labor of the country, to an amount which, calculating upon the present numbers of the people, would not fall far short of the whole expense of the civil establishments of all the States. To attempt a thing which would abridge the mass of labor and industry to so considerable an extent, would be unwise: and the experiment, if made, could not succeed, because it would not long be endured. Little more can reasonably be aimed at, with respect to the people at large, than to have them properly armed and equipped" – Alexander Hamilton, Federalist No.2

Rep. Elbridge Gerry of Massachusetts: "Whenever governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins." (spoken during floor debate over the Second Amendment, I Annals of Congress at 750, August 17, 1789.)