By Rob McNally, S.C.O.P.E. Chairman

Much has been made of what many think the Founding Fathers had in their minds when the Second Amendment was initially drafted. If one delves deeper into the history of this right, it will be discovered that individual right of possession of firearms for the further right of self-defense, even from our own government, is much older than our own Constitution. For example, under Alfred the Great (beginning AD 872), all English citizens from nobility to peasants were required to privately obtain weapons and be available for military service although this obviously predated the general availability of firearms. Moreover, in English common law, during the 12th and 13th centuries, requirements were made upon 'freemen' and later this included serfs, to possess arms privately to serve within the military when called upon to do so.

During the 17th century, while this country was being explored, similar requirements were made upon the citizens of various colonies. Virginia colonists, for example, were forbade to travel unless they were well armed, they were required to bring their firearms to church on Sundays and participate afterward in target practice. Later in that same century, homeowners were required by the local government to purchase a firearm and have it within the household. If a person could substantiate they could not afford a firearm within the residence, the government would purchase one for them with the understanding that the government would be reimbursed at such time the resident could afford to do so. Massachusetts even went so far in 1644 to not only order freemen and indentured servants to own firearms, but also provided a fine to such citizens found not to be in possession.

As the days and years proceeded toward our Revolutionary War, local newspapers used arguments such as being British citizens (even in the colonies) they were entitled to the same rights as citizens in Britain under their Bill of Rights (not to be confused with ours created later in our Constitution). One even quoted from Blackstone's Commentaries on the Laws of England which had listed the 'having and using arms for self-preservation and defense' among the 'absolute right at common law to own firearms."1

Numerous debates took place following the Revolutionary War prior to adopting the Constitution regarding militia proposals. All called for a general duty of all citizens to be armed. Richard Henry Lee was one of the Founding Fathers who argued against a formal militia in his "Letters from the Federal Farmer to the Republican". He said in that document that "it is essential that the whole body of the people always possess arms and be taught alike, especially when young, how to use them." George Mason of Virginia who assisted in drafting the Virginia Bill of Rights argued that the British 'plotted to disarm the people - that was the best and most effective way to enslave them'. Patrick Henry was known to remark that 'The great object is that every man be armed' and 'everyone who is able may have a gun.' Numerous other examples and sources can be identified routinely.

James Madison was originally assigned the task of drafting our Second Amendment when Congress convened for the purpose of drafting a Bill of Rights. To accomplish this, he drew upon a pamphlet listing several state proposals for such and attempted to create a brief version of the collection. One of his first drafts was as follows: "The right of the people to keep and bear arms shall not be infringed, a well-armed and well-regulated militia being the best security of a free country; but no person religiously scrupulous of bearing arms shall be compelled to render military service in person."1 The version we are familiar with today as the final product "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" was approved by the house and submitted to the Senate, which approved it the next day. It is pointed out that eliminated during the Senate debate was an amendment which the Senate felt inappropriately focused on firearm possession being limited to keeping and bearing arms to bearing 'for the common defense'. It is quite evident that by rejecting this amendment, the Senate felt 'common defense' should not be the only factor in guaranteeing arms possession by the private citizen. Note too there was no phrase in this document that pertains to hunting game.

Numerous commentators during our initial history following the war and the work done by Congress toward this aspect, remarked particularly concerning prohibiting any attempt by Congress in disarming the people. As an example, William Rawle's 'View of the Constitution' published in Philadelphia in 1825 noted that under the Second Amendment, "The prohibition is general. No clause in the Constitution could by rule of construction be conceived to give to Congress a power to disarm the people. Such a flagitious attempt could only be made under some general pretense by a state legislature. But if in blind pursuit of inordinate power, either should attempt it, this amendment may be appealed to as a restraint on both."1

Finally, the point is made in the listed sources that several state constitution drafters also included the language of possession of firearms as an 'individual right' in their works. Thereby enforcing the idea yet again that the protections provided under the Second Amendment were intended for individual citizens, not specifically militias. Further, the argument was made that numerous states were providing similar clauses in their state constitutions. If the states, too, were incorporating this issue in their versions that it was felt by state legislators at that time to be a right that could be infringed at either federal or state level and that this right must be protected against infringement by both seems quite apparent.

These arguments supported the decision in District of Columbia v. Heller, 554 U.S. 570 (2008) and the majority opinion written by Justice Antonin Scalia. Enjoy the talking points in your next discussion with a liberal who is in favor of banning guns.

1. W. Cleon Skousen, The Making of America: The Substance and Meaning of the Constitution (National Center for Constitutional Studies, 1991)

2. The Right to Keep and Bear Arms, Report of the Senate Subcommittee on the Constitution (Washington: U.S. Government Printing Office, February 1982)