[splintercell]

> The mention of militia could be interpreted to mean only members of the militia, clearly under the command of the military, can own guns.

Rhode Island's 1842 constitution starts like this:

> The liberty of the press being essential to the security of freedom in a state, any person may publish his sentiments on any subject, being responsible for the abuse of that liberty . . . .

So according to you, if the 'security of freedom in a state' is threatened, then the government can suspend the freedom of the press?

Or take 1784 New Hampshire constitution:

> In criminal prosecutions, the trial of facts in the vicinity where they happen, is so essential to the security of the life, liberty and estate of the citizen, that no crime or offence ought to be tried in any other county than that in which it is committed . . . .

So according to you, 'if the trial of the facts in the vicinity where they happen is not essential to the security of the life' (again, in wartime or any exogenous circumstances like 9/11 attacks) then this right of citizens to be tried in the county where the crime was committed can be suspended by the govt whenever they deem fit?

Or maybe, this 'justification clause' which was written in many different ways at many different places by the people of that time is actually 'one and the most important justification' for a right and not 'If and only if trial of the facts in the vicinity ...'.

Let me explain another scenario. The first amendment starts with "Congress shall make no law...". Today we clearly understand it to mean 'US Congress', but in the year 2256, People have created a new legislative body called Congress-22 and now they claim that first amendment only restricts Congress's power to restrict speech. On the other hand Congress-22 still has the power to restrict speech and religion.

Same thing goes with 'militia'. It used to mean "pretty much all able-bodied men from age eighteen to forty-five". This does not mean that it ONLY protects the right of 18-45 men to keep and bear arms, but it cover everyone's right to keep and bear arms.

[yequalsx]

The basic answer is no. I was referring only to the 2nd Amendment of the United States Constitution. I have a view of what that amendment means and how it ought to be interpreted in the present era. I don't think I'd answer yes to your questions on interpreting the various texts you quoted.

[ehmu]

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.

They left out part of it

[splintercell]

Are you implying that "right of the people" implies that it is not an individual right?

> First Amendment: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the __right of the people__ peaceably to assemble, and to petition the Government for a redress of grievances."

Does that mean that first amendment is not an individual right to free speech, press or religion?

> Fourth Amendment: The __right of the people__ to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

How about now? You don't have the individual right against unreasonable searches and seizures?

> Ninth amendment: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained __by the people__.

Again, the 9th amendment which claims that there are rights outside of constitution and they are retained by the people, just because they are not written in the constitution. Are these all the 'right of the states'??

Or my favorite one, the tenth amendment:

> The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or __to the people__.

Here, it uses "the states" and "the people" separately. Clearly if second amendment meant it is a right of the states to keep and bear arms, then it would have mentioned it so, and not said "right of the people".

[ehmu]

> Are you implying that "right of the people" implies that it is not an individual right?

I think you had me wrong it is an individual right. They neglected to include the of the people part in their quote. The 2A applies to the people not the militia

I pretty much agree with you on the rest

[yequalsx]

The reading of ehmu's comments doesn't make it clear that he/she probably agrees with your position on the second amendment? It's seems obvious to me. If it's easy to get confused with the intent of ehmu's two comments then it should be understandable that reasonable people can interpret the meaning of the 2nd amendment in different ways.

[ehmu]

It is the right of the people I didn't think I was ambiguous