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by monocasa 1725 days ago
> does not bind the amendment to apply only to the establishment and protection of a body designated as the militia

It does, but only because US code says that there's two militias. The organized militias (the National Guards), and the unorganized militias consisting of every able bodied man 17-45. Since the 14th amendment was written later, that bit of code is now interpreted to mean all adults.

https://www.law.cornell.edu/uscode/text/10/246

1 comments

That's not the interpretation used by the Supreme Court in D.C. v. Heller:

> The Supreme Court 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. 2–53.

> (a) The Amendment's prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. The operative clause's text and history demonstrate that it connotes an individual right to keep and bear arms. Pp. 2–22.

Per Wikipedia: https://en.m.wikipedia.org/wiki/District_of_Columbia_v._Hell...

If you read the decision, it actually is the interpretation used by the Supreme Court there. You can actually see this in the next bullet that you cut off

> (b) The prefatory clause comports with the Court's interpretation of the operative clause. The "militia" 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 citizens' 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 citizens' militia would be preserved. Pp. 22–28.

You can also see this clearly in US v. Miller, where sawed off shotguns were allowed to banned only because they had no military use (at the time). The unorganized militia must be allowed to use military weapons, which is why you can still go out and buy all sorts of crazy stuff like miniguns if you have enough money.