Quote of the day–Justice Antonin Scalia

The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.

The Amendment’s prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. The operative clause’s text and history demonstrate that it connotes an individual right to keep and bear arms.

Justice Antonin Scalia
June 26, 2008
District of Columbia et al. v. Heller
Certiorari to the United States Court of Appeals for the District of Columbia circuit.


One thought on “Quote of the day–Justice Antonin Scalia

  1. That it would ever have been questioned is an outrage.

    On that note, there’s Montana’s right to bear arms language:
    “The right of any person to keep or bear arms in defense of his own home, person, and property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but nothing herein contained shall be held to permit the carrying of concealed weapons.” Art. II, § 12 (enacted 1889).

    [Self-defense right explicitly protected.]

    “shall not be called in question” I like it. It’s just as good as “shall not be infringed”.

    The state clauses are of course redundant to the federal 2A.

Comments are closed.