The purpose of this article is explain the meaning of the Second Amendment to the United States Constitution as simply and concisely as possible. We will accomplish this by defining key words within the text.
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.
Regulated
In 1789, the word regulated was not used as we use it today. The founders did not mean that the militia should be controlled by a large bureaucracy with a plethora of regulations. The founders were not keen on bureaucracy. Thomas Jefferson listed the following grievance against the King in The unanimous Declaration of the thirteen united States of America: "He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people, and eat our their substance." At the time of the writing of the Bill of Rights, well regulated meant well functioning or in proper working order. This is evidenced in writings and dictionaries from the period.
Militia
The militia is defined under federal law. The Dick Act or Militia Act of 1903 defines the militia. It is codified as 10 U.S. Code Ch. 13. The militia consists of all able bodied males from age 17 to 45 and members of the National Guard up to age 64. The militia includes, but is not limited to the National Guard. In the Virginia Convention on Ratification of the Constitution, George Mason said: "I ask sir, what is the militia? It is the whole people except for a few public officials." Similar sentiments have been echoed by numerous founders.
The People
The meaning of the people in the Second Amendment is the same as in the First, Fourth, Ninth and Tenth Amendments. The Second Amendment does not describe the right of the state to have a National Guard, as some have argued. If the founders had meant the state, they would have said the state.
The Second Amendment could be rewritten without changing its meaning thusly:
A properly functioning Militia, being necessary to the security of a free state, the right of the individual to keep and bear Arms, shall not be infringed.
We don't have to guess or debate what the founders meant when they wrote the Second Amendment. They left detailed records of their thoughts on the subject. It is not a mystery of history. The Federalist Papers and a myriad of other letters and transcripts tell us exactly what they intended.
Of course we could go in much greater depth, but this should serve to clear up some of the main points of confusion in contemporary discourse on the subject.
