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 New Hampshire, 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. New Hampshire state statutes reflect a strong tradition of gun rights, with minimal restrictions on gun ownership. The state does not require permits for the open carry of firearms, and residents may carry concealed weapons without a permit as well. However, federal laws still apply, including background checks for gun purchases from licensed dealers. New Hampshire's approach to the Second Amendment demonstrates a preference for individual gun rights over the collective rights theory, which suggests that the right to bear arms is tied to state militia service and allows for more restrictive gun control measures.