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 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. West Virginia state statutes reflect a strong tradition of gun rights, with laws that generally support the individual's right to possess firearms. The state does not require permits to purchase firearms, there is no firearms registration, and residents are allowed to carry concealed weapons with a permit. However, federal and state laws still impose certain restrictions, such as background checks for gun purchases through licensed dealers and prohibitions on firearm possession by certain individuals, such as convicted felons. The collective rights theory, which posits that the Second Amendment's primary purpose was to ensure state militias' rights rather than individual gun ownership, has less support in current legal interpretations, particularly after the Heller decision.