Guns don’t kill people, true -- in exactly the same way ricin and hand grenades don’t kill people.

There is a perfectly good sense in which guns don’t kill people, but it is not a sense that has any implications for gun control policy.

The Second Amendment: Not One or Two but Three Rights

I will here argue that the Second Amendment constitutionalizes three rights.  One is a right to participate in the military, in Latin jus militiae, from its origin in Roman law. The second is a right to possess weapons for the purpose of the participation guaranteed by the first right. The third is a broader right to possess weapons unrelated to matters military. I do not argue this interpretation because I think it conduces to good public policy. What it does is make good sense both of the operative language of the amendment and its militia clause.