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 West Virginia, 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 affirmed by the Supreme Court in decisions such as District of Columbia v. Heller (2008), where it was held that the Amendment protects an individual's right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. West Virginia state statutes reflect this understanding by allowing for the possession and carrying of firearms by individuals, subject to certain regulations. For instance, West Virginia is a 'shall issue' state for concealed carry permits and has passed laws that allow for the carrying of concealed firearms without a permit for those who meet certain criteria. However, federal and state laws still impose restrictions on firearm possession for certain individuals, such as convicted felons, and regulate the sale and transfer of firearms. It is important to note that while the individual right to bear arms is recognized, both federal and state regulations can impose restrictions on this right in the interest of public safety.