What the 2nd Amendment ACTUALLY SAYS...

Published on October 29, 2021
Duration: 17:32

Constitutional attorney Mark Smith meticulously breaks down the Second Amendment's text, emphasizing that 'keep' refers to owning firearms at home and 'bear' refers to carrying them outside for self-defense. Drawing on historical context and Supreme Court rulings like DC v. Heller and the significance of NYSRPA v. Bruen, Smith argues for an individual right unconnected to militia service, refuting modern interpretations that seek to limit its scope.

Quick Summary

Constitutional attorney Mark Smith clarifies that the Second Amendment's 'keep' means owning firearms at home for self-defense, and 'bear' means carrying them outside for self-defense. This interpretation is supported by historical context and Supreme Court rulings like DC v. Heller, affirming an individual right unconnected to militia service.

Chapters

  1. 00:00Meaning of Second Amendment Text
  2. 01:04Introduction to NYSRPA v. Bruen Case
  3. 01:47Defining 'The People' as Individuals
  4. 03:02Bill of Rights Context
  5. 04:07Meaning of 'Well-Regulated Militia'
  6. 06:13Historical Militia and Prefatory Clauses
  7. 08:072004 Department of Justice Report
  8. 09:07First Amendment Thought Experiment
  9. 09:51State Constitutions and 'Bearing' Arms
  10. 11:13Distinguishing 'Keep' from 'Bear'
  11. 12:44Absurdity of Anti-Gun Legal Theories
  12. 13:31Conclusion on Historical Intent

Frequently Asked Questions

What does the Second Amendment mean by 'keep and bear arms'?

Constitutional attorney Mark Smith explains that 'keep' refers to the right to own and possess firearms, typically at home for self-defense. 'Bear' refers to the right to carry firearms outside the home for self-defense, a right affirmed by historical context and Supreme Court rulings.

Does the Second Amendment protect an individual right or a collective right?

Mark Smith argues, supported by the Supreme Court in DC v. Heller, that the Second Amendment protects an individual right. The phrase 'the people' consistently refers to individuals, as seen in other amendments like the 4th, 9th, and 10th.

How is the term 'well-regulated militia' interpreted in the Second Amendment?

At the time of the Founding, 'well-regulated' meant trained and proficient with arms. Mark Smith rejects modern attempts to redefine this historical term to limit gun rights, emphasizing it was a descriptor of a capable militia, not a prerequisite for individual rights.

What is the significance of the 'prefatory clause' in the Second Amendment?

Legal interpretation dictates that a prefatory clause announces a purpose but does not restrict the operative clause. In the Second Amendment, the 'well-regulated militia' clause is prefatory to the operative clause, which protects the individual right to keep and bear arms.

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