Bill of Rights basics [View all]

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From the Preamble to Bill of Rights:

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

This establishes the Bill of Rights as informative in naming rights possessed by the people. These rights are fundamentally protected from interference by government. Key among these is the Fifth Amendment:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The 'due process' requirement describes the relationship between between personal human rights and government including the Second Amendment:

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.

The 2A names a right of the people. Like the other rights named in the BoR, the RKBA is a right of the people.

"My father sent my mother a revolver as a gift, which for her was the symbol of what any young girl wants in a marriage, this was for her the means to stay alive, to kill herself or to die fighting." - Assaela Bielski