Second Amendment Historical Timeline
Trace the evolution of the right to keep and bear arms from English common law through modern Supreme Court decisions. This timeline highlights key events, legislation, and court cases that shaped Second Amendment jurisprudence.
English Origins (1689-1770)
English Bill of Rights
Parliament declares "That the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law." This becomes the foundation for American understanding of arms rights.
View document →Blackstone's Commentaries Published
William Blackstone describes the right to arms as one of five "auxiliary rights" that protect the "primary rights" of personal security, liberty, and property. His work profoundly influences American legal thought.
Founding Era (1776-1791)
Declaration of Independence
Colonies declare independence, citing grievances including British attempts to disarm colonists. Several states adopt constitutions with arms-bearing provisions.
Pennsylvania Declaration of Rights
States "That the people have a right to bear arms for the defence of themselves and the state." Similar provisions adopted by Vermont, North Carolina, and Massachusetts.
Constitutional Convention
Constitution drafted with militia clauses but no bill of rights. Anti-Federalists demand explicit protections for individual liberties, including the right to bear arms.
Ratification Debates
States propose amendments during ratification. Virginia proposes: "That the people have a right to keep and bear arms; that a well regulated Militia composed of the body of the people trained to arms is the proper, natural and safe defence of a free State."
Madison Drafts Bill of Rights
James Madison drafts amendments based on state proposals. His original version: "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."
Second Amendment Ratified
Bill of Rights ratified December 15, 1791. Final 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."
View original →Early Republic (1792-1860)
Militia Act of 1792
Congress requires every able-bodied white male citizen aged 18-45 to enroll in militia and "provide himself with a good musket or firelock" and ammunition.
Read more →Bliss v. Commonwealth (Kentucky)
Kentucky court strikes down concealed carry ban as violating state constitutional right to bear arms. First major state court decision on arms rights.
Nunn v. State (Georgia)
Georgia Supreme Court holds Second Amendment limits state action, predating incorporation doctrine by over a century. Strikes down handgun ban.
Reconstruction Era (1861-1877)
Freedmen's Bureau Act
Congress guarantees freed slaves "full and equal benefit of all laws and proceedings concerning personal liberty, personal security, and... including the constitutional right to bear arms."
Civil Rights Act
Protects citizens' rights "to full and equal benefit of all laws" including right to bear arms. Response to Black Codes disarming freedmen.
Fourteenth Amendment Ratified
Provides constitutional basis for applying Bill of Rights to states. Framers explicitly intended to protect arms rights from state infringement.
United States v. Cruikshank
Supreme Court holds Second Amendment only restricts federal government, not states or private actors. This view persists until McDonald v. Chicago (2010).
20th Century (1900-2000)
National Firearms Act
First major federal gun control law. Imposes tax and registration requirements on machine guns, short-barreled rifles and shotguns, and silencers.
United States v. Miller
Supreme Court upholds NFA restriction on short-barreled shotguns, finding no evidence such weapons have "reasonable relationship to preservation of well regulated militia." Ambiguous decision spawns decades of debate.
Read case →Gun Control Act
Establishes federal firearms licensing system, prohibits certain categories of persons from possessing firearms, and regulates interstate commerce in firearms.
Firearm Owners Protection Act
Reforms GCA, protects interstate transportation of firearms, but bans civilian ownership of new machine guns manufactured after May 1986.
Brady Handgun Violence Prevention Act
Establishes national background check system (NICS) for firearm purchases from licensed dealers.
Modern Era (2008-Present)
District of Columbia v. Heller
Landmark decision establishing Second Amendment protects individual right to possess firearms, unconnected to militia service. Strikes down D.C.'s handgun ban and trigger-lock requirement.
Read full analysis →McDonald v. City of Chicago
Incorporates Second Amendment against states through Fourteenth Amendment. Chicago's handgun ban struck down. Completes application of individual right to all levels of government.
Read case →Caetano v. Massachusetts
Per curiam decision clarifying Second Amendment extends to all bearable arms, even those not in existence at founding. Massachusetts stun gun ban reversed.
Read case →New York State Rifle & Pistol Ass'n v. Bruen
Establishes "text, history, and tradition" test for Second Amendment challenges. Recognizes right to carry in public for self-defense. Strikes down New York's "may-issue" licensing regime.
Read full analysis →United States v. Rahimi
Upholds federal prohibition on firearm possession by individuals subject to domestic violence restraining orders. Court finds historical tradition of disarming dangerous persons.
Read case →Pending Issues
Lower courts grapple with applying Bruen test to assault weapon bans, magazine restrictions, age limits, and sensitive places. Multiple circuit splits likely heading to Supreme Court.
Patterns & Themes
Evolving Interpretation
The understanding of the Second Amendment has evolved from primarily militia-focused (Miller era) to individual right (Heller) to historically-grounded analysis (Bruen).
Incorporation Journey
Unlike most Bill of Rights provisions incorporated in early 20th century, Second Amendment wasn't fully applied to states until McDonald (2010), 142 years after 14th Amendment.
Historical Methodology
Bruen's "text, history, and tradition" test makes founding-era and Reconstruction-era practices central to determining constitutionality of modern regulations.