It was not until 2008 that the Supreme Court definitively
came down on the side of an individual rights theory. Relying
on new scholarship regarding the origins of the Amendment, the
Court in District of Columbia v. Heller confirmed what had been
a growing consensus of legal scholars that the rights of the
Second Amendment adhered to individuals. The Court reached
this conclusion after a textual analysis of the Amendment, an
examination of the historical use of prefatory phrases in statutes,
and a detailed exploration of the 18th century meaning of phrases
found in the Amendment. Although accepting that the historical
and contemporaneous use of the phrase keep and bear Arms
often arose in connection with military activities, the Court noted
that its use was not limited to those contexts. Further, the
Court found that the phrase well regulated Militia referred not
to formally organized state or federal militias, but to the pool of
able-bodied men who were available for conscription. Finally,
the Court reviewed contemporaneous state constitutions,
post-enactment commentary, and subsequent case law to conclude that the purpose of the right to keep and bear arms extended beyond the context of militia service to include self-defense.