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 California, the Second Amendment to the United States Constitution is recognized, but the state has implemented various regulations that govern the possession and use of firearms. The state's approach to gun control is one of the most stringent in the country. California law requires background checks for all firearm sales, including private transactions, and imposes a 10-day waiting period. The state also has an 'assault weapons' ban, which restricts the sale and possession of certain semi-automatic firearms, and a ban on high-capacity magazines. Additionally, California has a 'red flag' law that allows law enforcement and family members to petition the court to temporarily remove firearms from individuals who are deemed to pose a risk to themselves or others. These regulations reflect a balance between recognizing an individual's right to bear arms and the state's interest in regulating firearms to ensure public safety. The debate over whether the Second Amendment protects an individual or collective right to bear arms continues, but the U.S. Supreme Court has affirmed an individual's right to possess firearms for lawful purposes, such as self-defense within the home, while also recognizing that this right is not unlimited and can be subject to regulation.