Second Amendment Glossary
Comprehensive definitions of legal terms, constitutional concepts, and historical terminology used in Second Amendment jurisprudence. Each entry includes pronunciation, definition, context, and references.
A
Antifederalists
Political faction that opposed ratification of the Constitution without a Bill of Rights. Their concerns about federal power over state militias and individual arms rights influenced the Second Amendment's adoption.
Arms
Weapons of offense or defense. In the Second Amendment context, includes firearms and other bearable weapons. The Supreme Court has interpreted this to include weapons "in common use" for lawful purposes.
Modern Application: Includes handguns, rifles, and possibly other weapons in common civilian use.
See: DC v. Heller (2008)
Assault Weapon
Legislative term (not technical) for certain semi-automatic firearms with specific features. Definitions vary by jurisdiction. Constitutional status disputed after Bruen.
B
Bear Arms
To carry weapons, particularly for confrontation or defense. The Supreme Court has interpreted this as encompassing both carrying for self-defense and militia service.
See: Keep and Bear Arms
Bill of Rights
The first ten amendments to the United States Constitution, ratified December 15, 1791. Includes the Second Amendment as a protection against federal infringement of the right to keep and bear arms.
See: Bill of Rights Text
Black Codes
Post-Civil War Southern laws restricting freedmen's rights, including prohibitions on firearm possession. These codes prompted federal civil rights legislation and influenced the Fourteenth Amendment.
See: Black Codes & Arms
Bruen Test
The "text, history, and tradition" test established in NYSRPA v. Bruen (2022). Requires government to prove firearm regulations are consistent with the Nation's historical tradition.
See: NYSRPA v. Bruen
C
Collective Right
Pre-Heller theory that the Second Amendment protected only states' rights to maintain militias, not individual rights. Rejected by the Supreme Court in 2008.
Common Use
Doctrine that the Second Amendment protects weapons "in common use at the time" for lawful purposes. Protects typical weapons owned by law-abiding citizens for lawful purposes.
Excludes: "Dangerous and unusual weapons"
See: Common Use Doctrine
Concealed Carry
Practice of carrying a concealed firearm on one's person. Historically more regulated than open carry. Constitutional with objective licensing after Bruen.
Constitutional Carry
State law allowing carrying firearms without a permit or license. Also called "permitless carry."
D
Dangerous and Unusual Weapons
Category of weapons that may fall outside Second Amendment protection. Exact definition remains contested, but includes weapons not typically possessed by law-abiding citizens for lawful purposes.
Due Process Clause
Fourteenth Amendment provision through which the Second Amendment was incorporated against the states in McDonald v. Chicago (2010).
See: McDonald v. Chicago
F
Federalist Papers
Series of 85 essays by Hamilton, Madison, and Jay advocating Constitution ratification (1787-88). Numbers 29 and 46 discuss militia and armed citizenry.
See: Federalist Papers
Firearm
A weapon that expels projectiles by the action of explosive powder. Includes handguns, rifles, and shotguns. Modern legal definition in 18 U.S.C. § 921.
Founding Era
Period around the Constitution's framing and ratification (roughly 1787-1791). Courts examine this period's practices to understand original meaning.
Freedmen's Bureau Act
1866 federal law protecting freed slaves' rights, including "the constitutional right to bear arms." Important evidence for understanding Fourteenth Amendment's intent.
H
Heller Decision
District of Columbia v. Heller (2008). Landmark Supreme Court case establishing that the Second Amendment protects an individual right unconnected to militia service.
See: DC v. Heller
Historical Tradition Test
Requirement from Bruen that modern firearm regulations must be consistent with the Nation's historical tradition of firearm regulation.
I
Incorporation
Legal doctrine by which Bill of Rights provisions apply to state and local governments through the Fourteenth Amendment. Second Amendment incorporated in McDonald (2010).
Individual Right
Interpretation that the Second Amendment protects a personal right of individuals, not just collective state interests. Established in Heller (2008).
Infringed
To encroach upon or violate. "Shall not be infringed" is the Second Amendment's prohibition on government interference with the right to keep and bear arms.
K
Keep Arms
To have, possess, or own weapons. The Supreme Court has interpreted this as encompassing possession in the home and elsewhere.
See: Keep and Bear Arms
M
May-Issue
Discretionary licensing system where officials could deny carry permits even if objective criteria were met. Ruled unconstitutional in Bruen (2022).
States affected: New York, California, Hawaii, Maryland, Massachusetts, New Jersey
McDonald Decision
McDonald v. City of Chicago (2010). Supreme Court case incorporating the Second Amendment against states through the Fourteenth Amendment.
See: McDonald v. Chicago
Militia
(mi-LISH-uh)Historically, all able-bodied male citizens of military age. Today divided into organized militia (National Guard) and unorganized militia (other citizens).
Current Law: 10 U.S.C. § 246 defines as males 17-45 plus National Guard
See: The Militia
Miller Test
Standard from United States v. Miller (1939) examining whether a weapon has "reasonable relationship to the preservation or efficiency of a well regulated militia."
N
National Firearms Act (NFA)
1934 federal law imposing taxes and registration requirements on short-barreled rifles/shotguns, machine guns, and suppressors. Upheld in Miller (1939).
Natural Right
Pre-existing right not created by government. Some view self-defense and arms bearing as natural rights recognized, not granted, by the Constitution.
O
Open Carry
Practice of carrying a firearm visibly. Historically less regulated than concealed carry. Constitutional status varies by jurisdiction.
Operative Clause
The second part of the Second Amendment: "the right of the people to keep and bear Arms, shall not be infringed." Contains the actual right being protected.
See: DC v. Heller
Original Meaning
Interpretive method seeking to understand constitutional text as it would have been understood when adopted (1791 for Second Amendment).
P
People, The
In the Second Amendment, refers to individual persons, not a collective body. Consistent with usage in First and Fourth Amendments.
See: The People
Prefatory Clause
The first part of the Second Amendment: "A well regulated Militia, being necessary to the security of a free State." Announces purpose but doesn't limit operative clause.
Privileges or Immunities Clause
Fourteenth Amendment provision. Justice Thomas argues this, not Due Process, should incorporate the Second Amendment.
Prohibited Persons
Categories of people legally barred from possessing firearms: felons, mentally ill, drug users, domestic violence subjects, etc.
Proper Cause
New York's former requirement for concealed carry permits: showing special need beyond general self-defense. Struck down in Bruen (2022).
R
Rahimi Decision
United States v. Rahimi (2024). Supreme Court case upholding prohibition on firearm possession by those under domestic violence restraining orders.
Reconstruction Era
Period after Civil War (1865-1877). Important for Second Amendment because Fourteenth Amendment (1868) was intended to protect freedmen's arms rights.
Regulated
In "well regulated militia," means properly functioning or disciplined, not government-controlled. 18th-century usage different from modern meaning.
S
Scrutiny Levels
Traditional tiers of constitutional review (rational basis, intermediate, strict). Rejected for Second Amendment by Bruen in favor of text, history, and tradition test.
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." Ratified December 15, 1791.
Self-Defense
Core lawful purpose protected by the Second Amendment. Heller called it "the central component" of the right.
Sensitive Places
Locations where firearms can be prohibited consistent with the Second Amendment. Includes schools, government buildings, courthouses. Exact scope disputed.
Shall-Issue
Licensing system where permits must be issued if objective criteria are met. Constitutional under Bruen. Used in 43 states.
Standing Army
Professional military force. Founding-era Americans feared standing armies as tools of oppression, preferring citizen militias.
T
Text, History, and Tradition Test
Constitutional test from Bruen (2022). Government must prove modern firearm regulations are consistent with Nation's historical tradition.
Time, Place, and Manner
Limited restrictions on when, where, and how arms can be carried. Analogous to First Amendment doctrine.
Tyranny
Oppressive government power. Preventing tyranny was a primary purpose of the Second Amendment according to Founding-era sources.
U
Unorganized Militia
Under 10 U.S.C. § 246, all able-bodied males aged 17-45 who are citizens or intending citizens, not in National Guard or Naval Militia.
W
Well Regulated
In 18th-century usage: properly functioning, trained, disciplined. Like a "well-regulated" clock that keeps good time. Not "heavily regulated by government."
Using This Glossary
This glossary provides quick reference for terms used throughout the site. For deeper analysis of key concepts, visit our Key Concepts section. Terms are defined based on current Supreme Court precedent and historical sources.
Note: Legal definitions can vary by jurisdiction and change over time. This glossary reflects general usage in Second Amendment jurisprudence. For specific legal questions, consult qualified counsel.