Gun control in the United States

Similar to the practices in England, the American colonies had numerous gun-control laws concerning safety, crime, hunting, the common defense, and even slaves. Despite those similarities, the American colonies diverged from England’s gun-control laws in two respects. First, outside of the restrictions imposed upon slaves, the American colonies did not restrict the use, ownership, and possession of guns based upon socioeconomic status. Second, the American colonies did not prescribe to a select militia based upon class. Instead, they prescribed to a universal draft whereby men of all classes were required to maintain guns and other accoutrements for the safety and defense of the state.

This belief in universal arms bearing in colonial America stemmed from the works of Italian political philosopher and theorist Niccolò Machiavelli, British philosopher James Harrington, English politician Algernon Sidney, and British political pamphleteer John Trenchard, all of whom discussed the importance of arms bearing to secure the rights of the people in a republic. This philosophy of an armed citizenry, in which every citizen is a soldier and every soldier a citizen, was subsequently codified in the U.S. Constitution’s Second Amendment, which states, “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 precise meaning of the Second Amendment has been subject to intense debate, particularly in the latter 20th and early 21st centuries. The U.S. Supreme Court had never seriously considered the precise constitutional scope of the Second Amendment until the early 21st century. In District of Columbia v. Heller (2008) the Court recognized an individual right to possess firearms independently of service in a state militia and to use firearms for self-defense within the home. A subsequent decision, McDonald v. City of Chicago (2010), held that the Second Amendment’s guarantee of the individual right to possess firearms applies to state and local governments as well as to the federal government. In addition to this, state governments are constrained from passing gun-control legislation that conflicts with the provisions of their respective state constitutions. Both federal and state courts have held as permissible under the Constitution gun-control restrictions concerning age, alienage, criminals, the mentally ill, criminal background checks, and the time, place, or manner of gun use outside the home. In New York State Rifle and Pistol Association v. Bruen (2022), however, the Supreme Court ruled that the Second Amendment guarantees an individual right to carry firearms outside the home for the purpose of self-defense.