The Evolution of the 2nd Amendment by the Framers

The notion of a right to bear arms came from state constitutions, like this clause from the Virginia Constitution which was authored mainly by George Mason who would later be involved in crafting the Bill of Rights. Virginia Declaration of Rights (12 June 1776)

A well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.

The first draft of a right to bear arms clause that was proposed for the constitution itself was reported in Charles Hale, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts (1856), p. 86. This language was proposed in the Massachusetts convention for ratification of the U.S. Constitution to be added to Article I of that document. before they made the decision to use amendments rather than in-lining the text of the constitution.

And that the said Constitution be never construed to authorize Congress to infringe the just liberty of the press, or the rights of conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms.

When the Bill of rights was being debated in Congress this wording was proposed in June 1789.

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; but no person religiously scrupulous of bearing arms shall be compelled to render military service in person.

Notice that “Bearing arms” in all of these versions was specifically referring to actively defending the county from outside forces, not simply carrying weapons.

The next iteration was reworked by the select committee on the Bill of Rights again in July 1789

A well regulated militia, composed of the body of the people, being the best security of a free State, the right of the people to keep and bear arms shall not be infringed, but no person religiously scrupulous shall be compelled to bear arms.

Again the phase “Best security of a free state” comes up again. This was due to the widely held belief that the government of the United States should be prevented from forming a large standing army. this idea is mentioned in the Federalist papers (Federalist No. 46) and two full essays are dedicated to this idea in the Anit-federalist papers.

The wording was shortened again:

A well regulated militia, being the best security of a free state, the right of the people to keep and bear arms, shall not be infringed

Revision, September 4th, 1789.

which brings us to the version that was proposed for the bill of rights

A well regulated militia being the security of a free state, the right of the people to keep and bear arms shall not be infringed.

This is final version was approved with the word “Necessary” added when entered into the US house journal.

It was clear from the inclusion of the Army clause and the Militia clause in the Constitution proper, that the intention of the founders was to ensure that the country would never have any need for a large standing army (this idea would be pretty much abandoned after the war of 1812). The idea was to limit the size of the Army, provide for a robust Navy (which was not seen as the same kind of threat to liberty), and then have the heavy lifting of the defense of the country be left to a militia that was guaranteed arms for that purpose by the Second Amendment.

This is why the wording seems odd to us today because we don’t have the context of the deep abiding skepticism of a large standing army that the founders had. The reason a well regulated militia is necessary to the security of a free state is because a standing army was seen as dangerous to liberty. The amendment could just as easily have been worded:

As standing armies are dangerous to a free state, the right of the people to keep and bear arms shall not be infringed.

In the minds of the founders, this didn't really need to be said, it was understood.

——————————————————————————————-

Debates and proceedings in the Convention of the commonwealth of Massachusetts, held in the year 1788, and which finally ratified the Constitution of the United States : Massachusetts. Convention, 1788. [from old catalog] : Free Download & Streaming : Internet Archive

A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774

A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774

Federalist No. 46 (1788).

#24: Objections to a Standing Army. (Part I)

#25: Objections to a Standing Army. (Part II)