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 interpreted within the framework of both federal and state laws. The U.S. Supreme Court has recognized an individual's right to possess firearms unconnected with service in a militia, and to use them for traditionally lawful purposes such as self-defense within the home (District of Columbia v. Heller, 2008). However, this right is not unlimited and can be subject to regulatory measures. New York State has implemented a variety of gun control measures that are among the strictest in the country. These regulations include the SAFE Act, which expands the definition of banned assault weapons, requires universal background checks for all gun sales, and imposes strict rules on the sale and storage of firearms. New York also has laws concerning licensing, registration, and the carrying of firearms, both concealed and openly. While individuals have the right to keep and bear arms, New York's regulations demonstrate the state's interpretation of this right as subject to certain limitations aimed at promoting public safety and reducing gun violence.