2nd Amendment - Founder's Intent

On September 25, 1789, the First Congress of the United States therefore proposed to the state legislatures 12 amendments to the Constitution that met arguments most frequently advanced against it. Articles 3 to 12, ratified December 15, 1791, by three-fourths of the state legislatures, constitute the first 10 amendments of the Constitution, known as the Bill of Rights. (National Archives - Milestone Documents: Bill of Rights; https://www.archives.gov/milestone-documents/bill-of-rights)

The "Right to Keep and Bear Arms" was originally the 4th Amendment. It was ratified as the 2nd Amendment.

The Second Amendment is widely debated in American politics and law, with central questions about whether it protects an individual right to bear arms or is primarily tied to a militia. (The Legal Guide; https://thelegalguide.org/amendment-militias-do-rights-stand-people-militia/)

To comprehend the Second Amendment’s original purpose, one must step back into the political and linguistic world of the late 18th century, a world with a profoundly different understanding of militias, regulation, and the relationship between citizen and state. (GovFacts: https://govfacts.org/rights-freedoms/constitutional-rights/right-to-bear-arms/what-well-regulated-means-in-the-second-amendment/)

 

What did "well regulated Militia" mean in 1791?

For what reason(s) did "people keep and bear arms" in 1791?

What type of fire arms were available in 1791?

How many shots/rounds per minute did fire arms have in 1791?

How accurate were fire arms in 1791 and for what distance(s)?

How do the answers to the above questions from 1791 compare to responses in 2026?

 

Second Amendment and Militias: Do Rights Stand With the People or the Militia

The Legal Guide

Legal Guide Team, Mar 9, 2026 

https://thelegalguide.org/amendment-militias-do-rights-stand-people-militia/

 

The Supreme Court's "contextualists"/"originalists", National Rifle Association, "Militia" groups, and some gun enthusiasts continue to take the specific language of the 2nd Amendment out of context because it suits their personal interests.

Could the Founders living when most Americans were using smooth bore rifles, flint locks, and small round metal balls for bullets have imagined the automatic weapons and large-capacity magazines used in 2026? Absolutely not! 

In 1787, a well-trained soldier could fire 3 rounds in a minute. 

A Civil War soldier could fire from 3-5 rounds per minute (musket) to 10-15 rounds per minute (Springfield Model 1861) Complete Era online: https://completeera.com/how-many-times-could-a-civil-war-soldier-reload-the-surprising-truth-behind-military-efficiency/ 

In 2026, an AK-47 can fire 600 round per minute (Expert Beacon online: https://expertbeacon.com/how-fast-does-an-ak-47-fire-per-minute/). A standard AR-15magazine is 30 rounds (USA Gun Shop online: https://www.usa-gun-shop.com/ar-15-magazine-capacity-laws/)

Currently, only 14 States have magazine limits. The limits range from 10 - 17 rounds. (The Mag Shack online: https://themagshack.com/gun-magazine-capacity-laws-by-state/).  

 

 

Documentary History of the Ratification of the

Constitution and the Bill of Rights

Center for the Study of the American Constitution (CSAC)

University of Wisconsin–Madison

https://csac.history.wisc.edu/publications-2/dhrc/