Thomas McIntyre Cooley Quotes

The Right is General - It might be supposed from the phraseology of this provision that the right to keep and bear arms was only guaranteed to the militia but this would be an interpretation not warranted by the intent. The militia as has been elsewhere explained consists of those persons who under the law are liable to the performance of military duty and are officered and enrolled for service when called upon. But the law may make provision for the enrollment of all who are fit to perform military duty or of a small number only or it may wholly omit to make any provision at all and if the right were limited to those enrolled the purpose of this guaranty might be defeated altogether by the action or neglect to act of the government it was meant to hold in check. The meaning of the provision undoubtedly is that the people from whom the militia must be taken shall have the right to keep and bear arms and they need no permission or regulation of law for the purpose.