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 Delaware, as in the rest of the United States, the Second Amendment to the U.S. Constitution is the foundational legal provision concerning the right to keep and bear arms. The interpretation of the Second Amendment has been subject to debate, with some advocating for an individual rights approach, which posits that the Amendment protects the personal right of individuals to own and carry firearms. Others support a collective rights approach, suggesting that the right to bear arms is connected to state militias and does not extend to individual ownership for private purposes. The U.S. Supreme Court, in landmark decisions such as District of Columbia v. Heller (2008), has affirmed the individual rights interpretation, recognizing an individual's right to possess firearms unconnected with service in a militia for traditionally lawful purposes, such as self-defense within the home. Delaware state statutes must comply with this interpretation, and while the state can regulate the possession and use of firearms, it cannot outright prohibit the individual right to bear arms as affirmed by the Supreme Court. Delaware has its own set of laws regulating firearms, including provisions for permits, background checks, and certain restrictions on firearm possession and use, but these regulations must align with the constitutional protections as interpreted by the courts.