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 Louisiana, the Second Amendment of the United States Constitution is recognized and has been interpreted to provide an individual right to keep and bear arms. This interpretation aligns with the 2008 Supreme Court decision in District of Columbia v. Heller, which held that the Second 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. Louisiana state statutes reflect this understanding by allowing individuals to possess firearms and by enacting laws that regulate, but do not prohibit, the possession of firearms. These regulations include background checks, concealed carry permits, and restrictions on the possession of firearms by certain individuals, such as convicted felons. However, Louisiana also has a strong tradition of gun rights, and its laws are generally permissive regarding firearm ownership. The state constitution further reinforces the right to bear arms, providing that the right shall not be abridged, but allowing for laws to prevent crime.