The Second Amendment to the United States Constitution

 The Second Amendment to the United States Constitution states: "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."

The relevant sections of the Constitution pertaining to the Second Amendment are:

• Article I, Section 8, Clause 16: Gives Congress the power "To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States."
• Second Amendment: Protects the right of the people to keep and bear arms.
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Historical information and court cases related to the Second Amendment include:

• District of Columbia v. Heller (2008) - The Supreme Court ruled that the Second Amendment protects an individual's right to possess a firearm unconnected with service in a militia for traditionally lawful purposes, such as self-defense within the home. [1][2].  This ruling affirmed that the Second Amendment right is not limited to militia service, as had been previously suggested in United States v. Miller (1939). [4].

  The Court in McDonald v. City of Chicago (2010) further ruled that the Second Amendment right is fully applicable to the states through the Fourteenth Amendment, ensuring this fundamental right is protected from infringement by state and local governments. [3]

  More recently, the Supreme Court in Caetano v. Massachusetts (2016) held that the Second Amendment extends to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding. This decision clarified that the scope of the Second Amendment is not limited to only certain types of weapons. [5]

• United States v. Miller (1939) - The Supreme Court ruled that the Second Amendment protects only the ownership of military-type weapons that could be used for militia service. [4]
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Sources

1 On the Constitution of the United States by Joseph Story

2 The United States Supreme Court Edited by Christopher Tomlins

3 U.S. Constitution for Everyone by Mort Green

4 The Making of America by W. Cleon Skousen

5 The Constitution of the United States of America as Amended. Unratified Amendments. Analytical Index by Henry Hyde

So what arms are not legal or constitutional?

Based on the Supreme Court rulings outlined in the context documents, the Second Amendment protects the right to possess firearms that are considered "bearable arms", even if they were not in existence at the time of the founding. [5]

However, the scope of this right is not unlimited. In District of Columbia v. Heller, the Court acknowledged that the Second Amendment right is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. [1][2]

The Court has held that the government can impose certain restrictions on the right to bear arms, such as prohibitions on the possession of dangerous and unusual weapons not in common use for lawful purposes. [1][2]

For example, in United States v. Miller, the Court ruled that the Second Amendment does not protect weapons that do not have a reasonable relationship to the preservation or efficiency of a well-regulated militia. [4]

So in summary, while the Second Amendment protects a broad range of firearms, the government can still regulate certain weapons that are deemed particularly dangerous or unusual, or that lack a reasonable connection to militia service. The precise boundaries of this authority are still being defined through ongoing legal challenges and court rulings.

Sources:

1 On the Constitution of the United States by Joseph Story

2 The United States Supreme Court Edited by Christopher Tomlins

3 U.S. Constitution for Everyone by Mort Green

4 The Making of America by W. Cleon Skousen

5 The Constitution of the United States of America as Amended. Unratified Amendments. Analytical Index by Henry Hyde