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 Alabama, 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 posits that the Second Amendment protects the personal right of American citizens to possess firearms. Alabama law reflects a strong tradition of gun rights, with state statutes that generally support the individual's right to own and carry firearms. The state does not require permits to purchase firearms, nor is there a state registry of firearms. Open carry is legal without a permit for anyone who is at least 18 years old and legally entitled to possess a firearm. Concealed carry requires a permit. Alabama's approach to gun regulation is consistent with the Supreme Court's interpretation in landmark cases such as District of Columbia v. Heller (2008), which affirmed the individual rights view of the Second Amendment, and McDonald v. City of Chicago (2010), which extended this interpretation to the states through the Fourteenth Amendment. Therefore, in Alabama, both federal and state laws recognize an individual's constitutional right to keep and bear arms, subject to certain regulations.