every american is allowed to have arms in a well regulated militia.
im paraphrasing
what kind of arms is an american allowed to have ?
rifles ? tanks ? nuclear weapons ?
hey wait. it said "in a well regulated militia"
so does that mean that americans aren t allowed to have arms outside a well regulated militia ?
what do you think ?
what are arms ? a muzzleloaded musket ? or a laser guided Assault rifle ? or a nuclear bomb ? are americans allowed to have nuclear bombs ?
and do they have the right to bear this arms outside a well regulated militia ?
Scalia refuted your "paraphrasing" (misstatements) in Heller v. DC.
You should start there if you want to intelligently discuss the 2nd Amendment.
Since you are not a SCOTUS justice yourself your opinion is moot.
Held:
1. The
Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. Pp. 2ā53.
(a) The Amendmentās prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. The operative clauseās text and history demonstrate that it connotes an individual right to keep and bear arms. Pp. 2ā22.
(b) The prefatory clause comports with the Courtās interpretation of the operative clause. The āmilitiaā comprised all males physically capable of acting in concert for the common defense. The Antifederalists feared that the Federal Government would disarm the people in order to disable this citizensā militia, enabling a politicized standing army or a select militia to rule. The response was to deny Congress power to abridge the ancient right of individuals to keep and bear arms, so that the ideal of a citizensā militia would be preserved. Pp. 22ā28.
(c) The Courtās interpretation is confirmed by analogous arms-bearing rights in state constitutions that preceded and immediately followed the
Second Amendment . Pp. 28ā30.
(d) The
Second Amendment ās drafting history, while of dubious interpretive worth, reveals three state
Second Amendment proposals that unequivocally referred to an individual right to bear arms. Pp. 30ā32.
(e) Interpretation of the
Second Amendment by scholars, courts and legislators, from immediately after its ratification through the late 19th century also supports the Courtās conclusion. Pp. 32ā47.
(f) None of the Courtās precedents forecloses the Courtās interpretation. Neither
United States v.
Cruikshank,
92 U. S. 542 , nor
Presser v.
Illinois,
116 U. S. 252 , refutes the individual-rights interpretation.
United States v.
Miller,
307 U. S. 174 , does not limit the right to keep and bear arms to militia purposes, but rather limits the type of weapon to which the right applies to those used by the militia,
i.e., those in common use for lawful purposes. Pp. 47ā54.
DISTRICT OF COLUMBIA v. HELLER