The history of gun rights in the United States is deeply interwoven with the nation’s founding principles and evolving political landscape. John Enos, a noted Second Amendment scholar and historian, offers a compelling view of this journey in his comprehensive work, The Right to Keep and Bear Arms. His timeline traces the key developments that have shaped the right to bear arms from the 18th century to the present day.
1791 Ratification of the Second Amendment
The journey begins in 1791 with the ratification of the Bill of Rights. 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”—was a direct response to the fears of standing armies and centralized power. Enos emphasizes that this provision was rooted not only in defense but also in individual liberty and resistance to tyranny.
1876 United States v. Cruikshank
One of the earliest Supreme Court rulings affecting gun rights came in United States v. Cruikshank (1876), where the Court held that the Second Amendment restricted only the federal government, not the states. While this decision limited federal protection of gun rights, it marked a pivotal moment that would eventually influence later interpretations.
1934 National Firearms Act (NFA)
In response to the rise of organized crime, the federal government passed the National Firearms Act of 1934. This act imposed strict regulations on certain firearms, including machine guns and sawed-off shotguns. Enos discusses how this law marked a turning point where the federal government began asserting greater control over private gun ownership.
1968 Gun Control Act
Following the assassinations of Martin Luther King Jr. and Robert F. Kennedy, Congress passed the Gun Control Act of 1968. It expanded licensing requirements and prohibited certain individuals, such as felons and the mentally ill, from purchasing firearms. Enos critiques the act as a watershed moment that shifted public opinion toward acceptance of broad federal oversight.
2008 District of Columbia v. Heller
Perhaps the most significant modern milestone came with District of Columbia v. Heller (2008), in which the Supreme Court ruled that the Second Amendment protects an individual’s right to possess firearms, independent of service in a militia. John Enos dedicates a detailed analysis to this case, framing it as a constitutional reaffirmation of individual liberty in the face of growing regulatory pressures. Those interested in exploring this landmark case and others in depth should Buy the book The Right to Keep and Bear Arms to gain a fuller understanding of how jurisprudence and public sentiment have evolved over time.
2010 McDonald v. City of Chicago
Two years later, in McDonald v. City of Chicago, the Court held that the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment and thus applies to state and local governments. This decision effectively nationalized the right recognized in Heller, ensuring broader legal protection.
Today and Beyond
John Enos concludes his timeline with a discussion of current debates, including red flag laws, background checks, and the ongoing tension between individual rights and collective safety. He argues that understanding historical context is crucial to informed policy-making and citizen awareness.
