The Second Amendment to the United States Constitution provides for the right to keep and bear arms, and reads: "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."
Some people believe this language creates a Constitutional, individual right for citizens of the United States to keep and bear arms, and prohibits Congress and state legislatures from prohibiting or restricting the possession of firearms.
Others believe the beginning words ("A well regulated militia being necessary”) indicate the intent of the Amendment was only to restrict Congress from limiting a state’s right to self-defense. This collective rights theory of the Second Amendment holds that citizens do not have an individual right to possess firearms, and that federal, state, and local legislative bodies may regulate the possession of firearms without implicating a Constitutional right.
At the time the First Amendment was ratified, some militia members used their own weapons, and some used weapons from their state’s militia stores.
In Arkansas, the Second Amendment of the United States Constitution is upheld, recognizing the right of individuals to keep and bear arms. This interpretation aligns with the individual rights theory, which has been supported by the Supreme Court's decision in District of Columbia v. Heller (2008), affirming an individual's right to possess firearms unconnected with service in a militia. Arkansas state law reflects this understanding by allowing citizens to own and carry firearms, subject to certain regulations. The state has enacted laws that permit the carrying of concealed weapons with a permit and has also passed legislation concerning 'stand your ground' and 'castle doctrine,' which provide legal protections for the use of firearms in self-defense. While federal law also imposes various restrictions on firearm possession and sales, such as background checks and restrictions on ownership for certain individuals, Arkansas tends to support the individual right to bear arms within the framework of both federal and state regulations.