Your Right to Hunt: A Core Part of the 2nd Amendment ~ DEEP DIVE

This Deep Dive is based on the excellent document “Heller, History, and Hunting by Charles W. Welch ” (embedded below), which was published in association with the Firearms Research Center.

File Photo: EOTECH Vudu 3.5-18×50 SFP Rifle Scope

 

The Second Amendment protects our right to keep and bear arms—but does that include the right to hunt?

• Common Use & Lawful Purpose: The paper interprets Heller and Bruen to affirm the right to arms in common use for lawful purposes, including hunting.
• Two-Step Framework:
  • Is the arm in common use today?
    Is the purpose currently or traditionally lawful?
    • If both are met, the right exists.
• “In Common Use” Defined: The existence of multiple millions of rifles intended explicitly for hunting confers in common use.
• Hunting as Lawful Purpose: Hunting is historically and legally recognized as a lawful reason for keeping and bearing arms, with no state prohibiting it.
• Historical Regulations: Hunting laws have never outright banned seasonal hunting with commonly used arms in appropriate locations.

Some might argue that hunting is just a hobby, something separate from the core of the Second Amendment’s protections. But that’s a misunderstanding of both history and Supreme Court precedent.

Hunting isn’t just an old American tradition; it’s a lawful purpose for owning and using firearms, deeply rooted in our history and protected by the Second Amendment.

Heller Decision & Common Use

When the Supreme Court decided District of Columbia v. Heller in 2008, it made clear that the Second Amendment protects weapons that are “in common use” for lawful purposes. The Court focused on self-defense, but that wasn’t an exclusive list. Hunting, as Charles Welch points out in his analysis, is a lawful purpose that has always been part of American gun ownership. The logical extension of Heller is simple: if a firearm is commonly used for hunting, then the right to own and use that firearm is protected under the Second Amendment.

This is reinforced by New York State Rifle & Pistol Association v. Bruen (2022), which clarified that Second Amendment rights must be evaluated based on text, history, and tradition. Historical records show that Americans have always used firearms for hunting, and hunting regulations have generally accepted that citizens have a right to use arms for this purpose.

Historical Foundations: Hunting & the Right to Bear Arms

Hunting wasn’t just a pastime in early America—it was necessary for survival. The Founding Fathers recognized this, and state constitutions dating back to the 18th century enshrined protections for hunting. Vermont’s Constitution, for example, explicitly protected the right to hunt as early as 1777. Even Pennsylvania’s constitutional debates included discussions about adding hunting to its right-to-bear-arms provision.

While the U.S. Constitution doesn’t explicitly mention hunting, it doesn’t have to. The Founders wrote the Second Amendment to protect arms for lawful uses, and history shows that hunting was always one of them.

If the right to bear arms includes self-defense, militia service, and sport shooting, it certainly includes hunting as well.

Modern Threats to Hunting Rights

Some politicians and gun control activists try to divide FUD hunters from other gun owners, arguing that certain firearms aren’t “necessary” for hunting. This tactic is a backdoor attempt to limit Second Amendment rights by picking and choosing which firearms they believe should be protected.

This is where Welch’s argument about “common use” becomes critical. If 200,000 stun guns in circulation were enough for the Supreme Court to consider them in common use (Caetano v. Massachusetts, 2016), then millions of modern rifles and shotguns used for hunting absolutely qualify. Attempts to ban semi-automatic rifles—many of which are used for hunting—ignore this legal reality.

Beyond firearm bans, some government agencies are also trying to limit the types of ammunition or hunting areas available to the public. These restrictions are just as dangerous to Second Amendment rights. If the government can regulate hunting into oblivion, it weakens the broader right to bear arms.

Why This Matters for All Gun Owners

Gun owners—whether they’re hunters, competitors, or self-defense advocates—need to stick together. The fight against gun control can not just be about AR-15s or concealed carry permits; it’s about protecting all lawful uses of firearms. If hunting can be restricted, then it sets the stage for further restrictions on self-defense and sport shooting.

The Second Amendment is more than militias or self-defense—it protects the right to own firearms for all lawful purposes, including hunting. That’s what history tells us, and that’s what the Supreme Court has reaffirmed. It’s time for hunters to recognize that their rights are at stake and stand with the rest of the Second Amendment community.

If we don’t protect the right to hunt today, we risk losing more than just our hunting rifles—we risk losing a fundamental piece of our American freedom.

Heller, History, and Hunting By Charles W. Welch

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