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 York, the Second Amendment to the United States Constitution is recognized, but the state has implemented its own regulations regarding firearms. The interpretation of the Second Amendment has been subject to debate, with some viewing it as an individual right to bear arms and others as a collective right tied to militia service. The U.S. Supreme Court has upheld the individual rights interpretation, notably in District of Columbia v. Heller (2008). Despite this, states like New York have the authority to enact stricter gun control laws. New York's laws are among the strictest in the nation, requiring permits for the possession of handguns and establishing strict criteria for ownership, carrying, and registration of firearms. The state also has an assault weapons ban and requires background checks for private gun sales. These regulations are consistent with the Supreme Court's recognition that the right to bear arms is not unlimited and can be subject to reasonable restrictions to ensure public safety.