if you want to have a loaded quiver of historical background on the second and the militia:
http://www.wetworx.com/report.html
The Right to Keep and Bear Arms
REPORT
of the
SUBCOMMITTEE ON THE CONSTITUTION
of the
UNITED STATES SENATE
NINETY-SEVENTH CONGRESS
Second Session
February 1982
History: Second Amendment Right to "Keep and Bear Arms"
The right to keep and bear arms as a part of English and American law antedates not only the Constitution, but also the discovery of firearms. Under the laws of Alfred the Great, whose
reign began in 872 A.D., all English citizens from the nobility to the peasants were obliged to privately purchase weapons and be available for military duty. 1 This was in sharp contrast
to the feudal system as it evolved in Europe, under which armament and military duties were concentrated in the nobility. The body of armed citizens were known as the "fyrd".
While a great many of the Saxon rights were abridged following the Norman conquest, the right and duty of arms possession was retained. Under the Assize of Arms of 1181, "the
whole community of freemen" between the ages of 15 and 40 were required by law to possess certain arms, which were arranged in proportion to their possessions. 2 They were
required twice a year to demonstrate to Royal officials that they were appropriately armed. In 1253, another Assize of Arms expanded the duty of armament to include not only freemen,
but also villeins, who were the English equivalent of serfs. Now all "citizens, burgesses, free tenants, villeins and others from 15 to 60 years of age" were obligated to be armed. 3 While
on the Continent the villeins were regarded as little more than animals hungering for rebellion, the English legal system not only permitted, but affirmatively required them, to be armed.
The thirteenth century saw further definitions of this right as the long bow, a formidable armor-piercing weapon, became increasingly the mainstay of British national policy. In 1285,
Edward I commanded that all persons comply with the earlier Assizes and added that "anyone else who can afford them shall keep bows and arrows." 4 The right of armament was
subject only to narrow limitations. In 1279, it was ordered that those appearing in Parliament or other public assemblies "shall come without all force and armor, well and peaceably".
5 In 1328, the statute of Northampton ordered that no one use their arms in "affray of the peace, nor to go nor ride armed by day or by night in fairs, markets, nor in the presence of
the justices or other ministers." 6 English courts construed this ban consistently with the general right of private armament as applying only to wearing of arms "accompanied with
such circumstances as are apt to terrify the people." 7 In 1369, the King ordered that the sheriffs of London require all citizens "at leisure time on holidays" to "use in their
recreation bowes and arrows" and to stop all other games which might distract them from this practice. 8
The Tudor kings experimented with limits upon specialized weapons — mainly crossbows and the then-new firearms. These measures were not intended to disarm the citizenry, but on
the contrary, to prevent their being diverted from longbow practice by sport with other weapons which were considered less effective. Even these narrow measures were shortlived. In
1503, Henry VII limited shooting (but not possession) of crossbows to those with land worth 200 marks annual rental, but provided an exception for those who "shote owt of a howse
for the lawefull defens of the same". 9 In 1511, Henry VIII increased the property requirement to 300 marks. He also expanded the requirement of longbow ownership, requiring all
citizens to "use and exercyse shootyng in longbowes, and also have a bowe and arrowes contynually" in the house. 10 Fathers were required by law to purchase bows and arrows for
their sons between the age of 7 and 14 and to train them in longbow use.
In 1514 the ban on crossbows was extended to include firearms. 11 But in 1533, Henry reduced the property qualification to 100 pounds per year; in 1541 he limited it to possession of
small firearms ("of the length of one hole yard" for some firearms and "thre quarters of a yarde" for others)12and eventually he repealed the entire statute by proclamation.13 The
later Tudor monarchs continued the system and Elizabeth added to it by creating what came to be known as "train bands", selected portions of the citizenry chosen for special training.
These trained bands were distinguished from the "militia", which term was first used during the Spanish Armada crisis to designate the entire of the armed citizenry. 14
The militia continued to be a pivotal force in the English political system. The British historian Charles Oman considers the existence of the armed citizenry to be a major reason for the
moderation of monarchical rule in Great Britain; "More than once he [Henry VIII] had to restrain himself, when he discovered that the general feeling of his subjects was against
him... His 'gentlemen pensioners' and yeomen of the guard were but a handful, and bills or bows were in every farm and cottage". 15
When civil war broke out in 1642, the critical issue was whether the King or Parliament had the right to control the militia. 16 The aftermath of the civil war saw England in temporary
control of a military government, which repeated dissolved Parliament and authorized its officers to "search for, and seize all arms" owned by Catholics, opponents of the government,
"or any other person whom the commissioners had judged dangerous to the peace of this Commonwealth". 17
continues onward to the constitution...
