V. Conclusion
For the foregoing reasons, we conclude that the Second Amendment secures an
individual right to keep and to bear arms. Current case law leaves open and
unsettled the question of whose right is secured by the Amendment. Although we
do not address the scope of the right, our examination of the original meaning of
the Amendment provides extensive reasons to conclude that the Second Amendment secures an individual right, and no persuasive basis for either the collective
right or quasi-collective right views. The text of the Amendment’s operative
clause, setting out a “right of the people to keep and bear Arms,” is clear and is
reinforced by the Constitution’s structure. The Amendment’s prefatory clause,
properly understood, is fully consistent with this interpretation. The broader
history of the Anglo-American right of individuals to have and use arms, from
England’s Revolution of 1688–1689 to the ratification of the Second Amendment
a hundred years later, leads to the same conclusion. Finally, the first hundred years
of interpretations of the Amendment, and especially the commentaries and case
law in the pre-Civil War period closest to the Amendment’s ratification, confirm
what the text and history of the Second Amendment require.
STEVEN G. BRADBURY
Principal Deputy Assistant Attorney General
Office of Legal Counsel
HOWARD C. NIELSON, JR.
Deputy Assistant Attorney General
Office of Legal Counsel
C. KEVIN MARSHALL
Acting Deputy Assistant Attorney General
Office of Legal Counsel
COMPLETE TEXT:
https://www.justice.gov/file/18831/downloadTHOUGHT SOME OF YOU MIGHT LIKE THIS