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 Jersey, the Second Amendment to the United States Constitution is recognized, but the state has implemented a series of gun control laws that regulate the possession, sale, and use of firearms. New Jersey is known for having some of the strictest gun laws in the country. These laws require permits to purchase firearms, firearm identification cards, and permits to carry handguns. The state also imposes restrictions on certain types of weapons and magazines, and it has a regulatory scheme that includes background checks and waiting periods. While the U.S. Supreme Court has affirmed that the Second Amendment protects an individual's right to possess firearms, it has also recognized that this right is not unlimited and can be subject to reasonable regulations. New Jersey's regulations are designed to balance the individual right to bear arms with public safety concerns. As such, while individuals in New Jersey have the right to keep and bear arms, this right is regulated by state statutes that are consistent with federal law and Supreme Court interpretations of the Second Amendment.