The Second Amendment states that “[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.” As both critics and supporters of the amendment recognize, little of that language is particularly straightforward. What is a “well regulated Militia,” and how does that apply to today’s arguments over gun control? What constitutes “Arms,” and when is keeping and bearing them “infringed”?
Amid that morass, one phrase that would seem (at least on the surface) a good deal more intuitive is “the people.” After all, doesn’t the people consist of, well, everyone? The answer is … not exactly. So who exactly are “the people” that may possess firearms in the first place? And how might this play into the court’s future decisions on the Second Amendment?
