Understanding 'To Keep and Bear Arms': Clarifying the Constitutional Rights of the Second Amendment

The phrase 'keep and bear arms' is central to the Second Amendment of the United States Constitution and remains a topic of frequent debate. This article aims to demystify the meaning behind these words, providing a clear and concise explanation of what these terms entail.

Defining 'Keep'

To keep in the context of the Second Amendment refers to the right to own or possess firearms.

The term has its roots in legal language, where it means to have or retain possession of something. In the context of owning a firearm, 'to keep' simply means to have the ability to own a gun and keep it in one's home or on one's property. This right is non-negotiable and inherently tied to the individual's autonomy over their personal property.

Defining 'Bear'

To bear, in the context of the Second Amendment, refers to the right to carry firearms. 'Bear' means to carry or transport on one's person, whether for personal protection or for any legitimate reason.

The Oxford English Dictionary defines 'bear' in relation to the Second Amendment as:

a: to serve as a soldier to fight for a country cause etc. [After Anglo-Norman and Old French Middle French porter armes c1100 in this sense French porter armes]

This definition leans towards the idea of bearing arms in a defensive or protective manner. However, for the purposes of the Second Amendment, 'bear' encompasses the broader sense of having the right to carry firearms for self-defense, hunting, or any lawful purpose.

The Full Context of the Second Amendment

Both 'keep' and 'bear' are included in the Second Amendment for a specific reason. The Founding Fathers wanted to ensure that no future government could ever infringe upon these rights. The combination of both 'keep' and 'bear' underscores the distinct but interrelated nature of these rights.

For instance, owning a firearm (to keep) is meaningless if one is prohibited from carrying it (to bear). Similarly, the ability to carry firearms effectively (to bear) requires one to have the right to own them (to keep). Both rights are essential components of the broader constitutional framework.

Lawful Interpretation and Use of the Second Amendment

The US History website provides further clarity:

The right of the people to keep and bear arms shall not be infringed.

This statement unequivocally affirms that the government cannot restrict an individual's right to own and carry firearms.

It is important to note that while the right to 'keep and bear arms' is constitutionally protected, it also comes with responsibilities. Lawful use of firearms for self-defense, hunting, and more are protected, but misuse or illegal possession of firearms is a serious offense.

Conclusion

The debate over the meaning of 'keep and bear arms' continues, but historical and legal context provide clear answers. 'To keep' means to own and possess firearms, while 'to bear' means to carry or transport them. Both actions are protected under the Second Amendment, and the inclusion of both terms ensures that individuals retain full control over their firearms.

The Founding Fathers' intent was clear: to protect individual rights and prevent the government from infringing upon those rights. Understanding and abiding by the constitutional rights granted by the Second Amendment is a crucial aspect of American democracy.