Gun Anarchy and the Unfree State

As Americans ponder how to make sense of the latest horrific gun massacre—the deadliest mass shooting in modern American history, at least for the moment—it’s long past time to start thinking harder about what sort of gun policies will increase the security of a free state and what measures might imperil that security.

To begin reckoning with this challenge, it’s worth pausing to consider the entire wording of the Second Amendment. Contrary to what the NRA would have us believe, the amendment does not even mention guns, but instead proclaims, “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.” Thus, the Second Amendment, in contrast to the First Amendment, contains a preamble; an introductory clause affirming the necessity of a well-regulated militia. This arcane Latinate construction so dear to the Founding generation was an ablative absolute. Translated into modern parlance, the amendment would read something like this: “Because a well-regulated militia is necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”

Also, note what the aim of a citizen’s militia is: achieving the security of a free state. In other words, the Second Amendment not only ties the right to keep and bear arms to a particular means, but it states a clear purpose. What, then, is entailed in promoting the security of said “free state”? To begin with, we should clearly stipulate that the individual right of self defense—the one closest to the heart of modern Americans—denoted something very different from a free state’s maintenance. Americans esteemed this right, but did not have much to worry about when it came to safeguarding it. Indeed, the right was such a fixture of Anglo-American law that John Adams used it as the basis for his defense of the British troops charged with murdering civilians in the Boston Massacre. An American jury empaneled to hear that case found Adams’s argument entirely persuasive and exonerated six of the eight soldiers.

So a free state’s security was something other than procuring the self-defense of a society’s individual members. It was, rather, a collective enterprise: In the eighteenth century, the security of a free state was accomplished by a well-regulated militia—a local institution, composed of citizen soldiers. And as the wording of the amendment makes plain, that militia was subject to extensive regulation by government. Indeed, militia statutes were typically the longest laws on the books in early America. So the logical question that one ought to ask—one that seldom gets raised in the contentious modern debate over the role of guns in contemporary American society—is this: How do we maintain and promote the security of a free state when we no longer live in small rural communities and depend on well-regulated militias? How can one enjoy liberty in a society awash in guns?

This is, at bottom, a historical question—one that’s largely anathema to the NRA and other advocates of expansive gun rights. Many gun-rights advocates fail to understand the actual historical background of the Second Amendment because our debates over gun ownership typically revolve instead around a potent set of myths that cloud our historical understanding. Chief among these myths is the iconic image of the “good guy with a gun,” eagerly manufactured and marketed by American popular culture. From the dime novels of the nineteenth century to Hollywood westerns and more recent figures such as Jason Bourne, a powerful entertainment folklore has infused the gun-rights narrative.   ...