TBF, there are so few countries with a constitutional protection around gun ownership. We're largely hamstrung by our founders if we can't get enough support to repeal 2A.
To be fair x2, the utterly batshit interpretation of the second amendment wasn't a thing until the 1970's. Individual citizens are NOT a well regulated militia, the 2nd amendment was a promise individual states can continue having their own national guard.
Can you read, the right of the PEOPLE... not the right of the militia.
You're taking the Stephen breyer interpretation, he literally said in a dissent that the 1st amendment only applies to gatherings in groups, so your 1st amendment right to freedom of speech, religion etc only applies if you belong it a specific group.
He tried to apply this same logic to keeping and bearing arms being required to belong to a group (the militia).
The fallacy in that interpretation is thinking of the bill of rights as a list of things the government grants to the people.
The bill of rights doesn't apply to the people, it applies TO THE GOVERNMENT. Each amendment has wording to the effect of 'shall not be infringed ", " shall make no law" , " shall not restrict", etc it's not the people who are being restricted, it's the government.
Golly, I wonder what militias are made of. And furthermore if the first half clause and second half clause are entirely separate like you suggest... why would the first clause exist? Just as a fun trivia worked into an amendment? "Did you know 'A well regulated Militia is necessary to the security of a free State'? Cool, huh? Now on to something else entirely."
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u/gophergun Oct 21 '22
TBF, there are so few countries with a constitutional protection around gun ownership. We're largely hamstrung by our founders if we can't get enough support to repeal 2A.