Law professor Jonathan Turley has critiqued a video of Texas state Representative James Talarico asserting that the phrase "well regulated" in the Second Amendment supports gun control measures. Turley contends that Talarico's argument omits a crucial word: "militia."
Talarico, in a recently surfaced video, is quoted as saying, "A lot of politicians like to talk about the Second Amendment. Very few have actually read the Second Amendment because, if they did, they would know that the words ‘well regulated’ are right there in the text of the amendment itself." He used this interpretation to explain why he believes sweeping gun control laws do not violate the Second Amendment.
Turley points out that the full text of the amendment 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." He explains that the term "well regulated" in the 18th century referred to something being orderly or well maintained, not regulation in the modern sense.
According to historical context provided by Turley, militias were considered essential for national defense, particularly by those wary of standing armies. The phrase "well regulated" indicated that state militias needed to be combat-ready. The right to bear arms was seen as integral to maintaining these militias. Turley notes that Supreme Court rulings have consistently held that the "well regulated Militia" clause serves as a justification for the individual right to bear arms, rather than a limitation on it.
Talarico's comments were reportedly made in support of bans on certain firearms, such as the AR-15. These types of bans are expected to be reviewed by the Supreme Court in upcoming cases. This legal scrutiny follows the Court's recent decision in Viramontes v. Cook County and Grant v. Higgins, which address firearms legislation. Additionally, the Court's decision in Wolford v. Lopez affirmed the individual right to bear arms, further reinforcing the legal precedent against interpretations like the one attributed to Talarico.
Turley, a Shapiro Professor of Public Interest Law at George Washington University, has written extensively on constitutional law and legal history. He has also served as counsel in various high-profile cases and testified before Congress on constitutional matters.