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The Right to Keep and Bear Arms: The History of the Rifle in America

The phrase "right...to keep and bear arms" was first used in the text of the United States Bill of Rights (coming into law as the Second Amendment to the Constitution of the United States). Beyond the United States of America, the general concept of a right to bear arms varies widely by country, state or jurisdiction.


Three models of interpreting the right to bear arms in the United States commonly exist. These three models are founded on differing interpretations of the Second Amendment, "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 first two models focus on the preamble, or "purpose" clause, of the Amendment — the words "A well regulated Militia, being necessary to the security of a free State." The first model, the collective model, holds that the right to bear arms belongs to the people collectively rather than to individuals, because the right's only purpose is to enable states to maintain a militia. The second model, the modified collective model, is similar to the first. It holds that the right to keep and bear arms exists only for individuals actively serving in the militia, and then only pursuant to such regulations as may be prescribed.

The third model, the individual-rights model, holds that a right of individuals is to own and possess firearms, much as the First Amendment protects a right of individuals to engage in free speech. This view was more strongly reflected by the Supreme Court in District of Columbia v. Heller (2008) than had previous interpretations by the Court. Prior to the Supreme Court's ruling in Heller there was a split among the federal courts, with nine of the federal circuit courts of appeal supporting a modified collective rights view, two of the federal circuits supporting an individual rights view, and one federal circuit court having not addressed the question.

Supreme Court justice Antonin Scalia in 2008 wrote that the right to bear arms is not unlimited and is subject to reasonable prohibitions and regulations and subsequently federal court rulings have upheld existing gun prohibitions and regulations.

Nadine Strossen, President of the ACLU, has stated the argument that the Individual Rights model must yield to reasonable regulation. "Let's assume for the sake of argument it does protect an individual right," said Strossen, "it is no more absolute than freedom of speech or any other right in the Constitution. No right is absolute; the government is always allowed to restrict the right if it can satisfy Constitutional strict scrutiny and show the restriction is narrowly tailored to promote a goal of compelling importance."

Interest groups, primarily in the United States, exert political pressure for and against legislation limiting the right to keep and bear arms. This political debate in America is organized between those who seek stricter regulations and those who believe gun regulations violate the Second Amendment protection of a right to keep and bear arms. The largest advocacy group in this regard is the National Rifle Association, and its political wing, the NRA Institute for Legislative Action. The NRA has been described as one of the largest and most powerful political special interest group in the United States. Several other groups including the Gun Owners of America and the Citizens Committee for the Right to Keep and Bear Arms, while smaller in size, are also politically active. The main gun control advocacy group is the Brady Campaign which has been described as considerably less effective than gun-rights organizations.

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