Gun Control Policy #47
The setting in which the Second Amendment was proposed and
adopted demonstrates that the right to bear arms is a collective
one, existing only in the collective population of each state for
the purpose of maintaining an effective state militia.
The ACLU agrees with the Supreme Court's long-standing
interpretation of the Second Amendment that the individual's
right to bear arms applies only to the preservation or efficiency
of a well-regulated militia. Except for lawful police and
military purposes, the possession of weapons by individuals is
not constitutionally protected. Therefore, there is no
constitutional impediment to the regulation of firearms.
Nor does the ACLU believe that there is a significant civil
liberties value apart from the Second Amendment in an individual
right to own or use firearms. Interests of privacy and self-
expression may be involved in any individual's choice of
activities or possessions, but these interests are attenuated
where the activity, or the object sought to be possessed, is
inherently dangerous to others. With respect to firearms, the
ACLU believes that this quality of dangerousness justifies legal
regulation which substantially restricts the individual's
interest in freedom of choice. 1/
However, particular federal or state laws on licensing,
registration, prohibition or other regulation of the manufacture,
shipment, sale, purchase or possession of guns may raise civil
liberties questions. For example, the enforcement process of
systems of licensing, registration, or prohibition may threaten
extensive invasions of privacy as owners are required to disclose
details of ownership and information about their personal
history, views, and associations. Furthermore, police
enforcement or such schemes may encourage entrapment, illegal
searches and other means which violate civil liberties.
The ACLU takes the position that any such legislation must
be drafted bearing these problems in mind and seeking to minimize
them. [Board Minutes, June 14-15, 1979.]