Clause for Concern Scholars divide the Second Amendment into two clauses: the prefatory and the operative clauses. Each serves a different purpose.

The operative clause says, “the right of the people to keep and bear Arms, shall not be infringed.” That’s a stand alone right, as the Supreme Court correctly ruled in Heller.

Prefatory clause: "A well regulated Militia, being necessary to the security of a free State." The prefatory clause is the lead-in that “announces a purpose” for the operative clause.

Fontes stated the first clause, “A well regulated militia, being necessary to the security of a free state” sets the parameters for the right.