"Keep and Bear Arms"
The phrase "keep and bear Arms" encompasses two distinct but related rights: the right to possess firearms ("keep") and the right to carry them ("bear"). The Supreme Court has analyzed each component separately while recognizing they work together to protect armed self-defense.
Constitutional 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."
The operative clause protects a compound right with two components that work together but have distinct meanings.
The Right to "Keep" Arms
Definition
Samuel Johnson's 1755 Dictionary defined "keep" as:
"To retain; not to lose. To have in custody. To preserve; not to let go."
Supreme Court Analysis
In Heller, Justice Scalia explained:
"'Keep arms' was simply a common way of referring to possessing arms, for militiamen and everyone else." DC v. Heller, 554 U.S. 570, 583 (2008)
Core Protection
The right to keep arms includes:
- Home possession: Most strongly protected
- Functional firearms: Cannot require disassembly or trigger locks
- Common weapons: Those in common use for lawful purposes
- Multiple firearms: No numerical limits established
Key Holding: "The District's total ban on handgun possession in the home amounts to a prohibition on an entire class of 'arms' that Americans overwhelmingly choose for the lawful purpose of self-defense." - Heller
The Right to "Bear" Arms
Definition
Historical dictionaries defined "bear" in this context as "to carry":
"To carry: To bear arms is to serve as a soldier, or to have the use of arms" - Johnson's Dictionary (1755)
Natural Meaning
Justice Scalia clarified in Heller:
"At the time of the founding, as now, to 'bear' meant to 'carry.'... When used with 'arms,' however, the term has a meaning that refers to carrying for a particular purpose—confrontation." DC v. Heller, 554 U.S. at 584
Public Carry Rights
Bruen established that bearing arms extends beyond the home:
"Nothing in the Second Amendment's text draws a home/public distinction with respect to the right to keep and bear arms... The constitutional right to bear arms in public for self-defense is not 'a second-class right.'" NYSRPA v. Bruen, 597 U.S. 1, 70 (2022)
Scope of "Bear"
The right to bear arms includes:
- Public carry: For self-defense, not just militia service
- Various modes: Open or concealed (states may choose)
- Typical situations: Where law-abiding citizens go
- Without special need: No requirement to show special danger
Historical Understanding
English Heritage
The English Bill of Rights (1689) protected:
"That the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law"
Note the more limited scope compared to the American version.
Colonial Practice
American colonists regularly:
- Kept arms in their homes for protection
- Carried arms for hunting and travel
- Bore arms for militia duty
- Used firearms as tools of daily life
State Constitutions
Early state provisions varied in language:
| State | Language | Year |
|---|---|---|
| Pennsylvania | "right to bear arms for the defence of themselves and the state" | 1776 |
| Vermont | "bear arms for the defence of themselves and the State" | 1777 |
| Massachusetts | "keep and to bear arms for the common defence" | 1780 |
| Kentucky | "right to bear arms in defense of themselves and the state" | 1792 |
Supreme Court Interpretation
Individual vs. Military Use
The Court rejected the militia-only interpretation:
"The phrase 'bear Arms' also had at the time of the founding an idiomatic meaning that was significantly different from its natural meaning: to serve as a soldier, do military service, fight or to wage war. But it unequivocally bore that idiomatic meaning only when followed by the preposition 'against.'" DC v. Heller, 554 U.S. at 586
Connection Between Keep and Bear
The Court views these as complementary rights:
"Putting all of these textual elements together, we find that they guarantee the individual right to possess and carry weapons in case of confrontation." DC v. Heller, 554 U.S. at 592
Not Limited to Home
Bruen definitively extended the right beyond the home:
"To confine the right to 'bear' arms to the home would nullify half of the Second Amendment's operative protections." NYSRPA v. Bruen, 597 U.S. at 32
Scope of Protection
What Arms Can Be Kept and Borne
- In common use: For lawful purposes like self-defense
- Handguns: Explicitly protected as most popular self-defense weapon
- Long guns: Rifles and shotguns traditionally protected
- Modern firearms: Not limited to 18th-century technology
Where Arms Can Be Kept
- Home: Core protection, most stringent scrutiny
- Business: Generally protected
- Vehicle: Extension of home/carry rights
- Other property: Subject to property rights
Where Arms Can Be Borne
- Public streets: General right established
- Parks and outdoor spaces: Typically allowed
- Commercial establishments: Subject to property rights
- Restrictions: Sensitive places excluded
Modern Application
Keeping Arms Today
Current issues regarding the right to keep:
- Storage laws: Must allow ready access for self-defense
- Registration: Permitted if not excessive burden
- Assault weapon bans: Ongoing litigation about common use
- Magazine restrictions: Debated as arms vs. accessories
Bearing Arms Today
Current issues regarding the right to bear:
- Permit requirements: Must be shall-issue with objective criteria
- Training mandates: Reasonable requirements permitted
- Reciprocity: Interstate recognition varies
- Mode of carry: States may choose open, concealed, or both
Unresolved Questions
- What level of fees for permits is excessive?
- Can states ban one mode of carry if another is allowed?
- How much training can be required?
- What qualifies as "in common use" for new technologies?
Key Takeaways
- "Keep" means to possess or have custody of arms
- "Bear" means to carry arms for confrontation/self-defense
- Both rights extend to individual self-defense, not just militia service
- The home receives the strongest protection for keeping arms
- The right to bear arms extends to public carry
- States cannot ban both keeping and bearing of common arms