"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."
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.
constitutioncenter.org
What is
your definition of a "well regulated Militia"?
I think this is a fair point, even if from a fanatical anti-gunner.
Of all the amendments, the second kind of interprets itself. That amendments specifically forbids government on any level from infringing on the right to keep and bear arms. But its purpose is to allow each state to encourage and regulate militias within it.
That isn't the National Guard, which is . . . national. Texas has the Texas State Guard, which is more what the founders would have had in mind if they could have predicted how the nation would grow. For their time, they expected that each state would keep track of available armed citizens as it saw fit, and train, equip and organize them as it saw fit. But they cannot do any of that at the cost of infringing on an individual person's right to keep and bear arms.
The fact that the post-civil war amendments gave that same right to freed slaves, was what first drove the Democratic Party to become fanatical gun regulators. At first they assumed that the new gun control laws would never be applied to good 'ol boys, but the modern Democratic party fears armed whites as much as armed blacks.
Anyone can form a militia, counting on the arms that they are guaranteed the right to keep and bear. Suppose there is a grumpy old man in town who keeps lots of firearms, but says they are to protect himself against anyone trying to get him to join their dang militia, or anyone claiming that he is a one-man militia and trying to regulate him. "I'll regulate on them, the dad-burned whippersnappers!" You could argue that he was not acting in the spirit of the second amendment. But, the amendment says clearly "shall not be infringed," so he's good.
Even if the court ruled that one must be a member of a militia, or intend to join one, for the second to apply, the ninth and tenth would still protect the right to purchase, store, practice with and carry, firearms.