The 2A or Second Amendment of the Constitution of the United States reads: “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.” Such language has caused significant controversy on the intended scope of the amendment.
On the one side, others argue that the term “the right of the people to keep and bear Arms” in the amendment provides an individual fundamental right for U.S. citizens. Under this’ principle of individual law,’ the Constitution of the United States prohibits legislative bodies from banning possession of weapons, or at least makes the amendment probably illegal for prohibitory and restrictive control.
On the other hand, some scholars point to the a well regulated Militia” prefatory language to argue that the Framers intended merely to restrict Congress from legislating the right to self-defense of a state.
Scholars have come to term this idea “the collective rights theory.” The Second Amendment’s collective rights theory argues that people do not have an individual right to own weapons, and that local, state, and federal legislative bodies thus have the ability to control firearms without a constitutional right being involved.
The U.S. In 1939 In United States v. Miller, the Supreme Court found the matter. 307 United States 174. “has some reasonable relationship to the preservation or efficiency of a well regulated milita . . . .”had some reasonable relationship with the preservation or effectiveness of a well-regulated milita.