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Quote by: gallo  All in all, if we are to establish what right the 2nd Amendment guarantees, then we must also understand what the framers of the Constitution meant by Militia. |
I generally agree with your analysis. However, it is important to note that the Bill of Rights
do not grant any rights to individuals. Rather, each amendment is a
limitation on the powers of the federal government. The rights of the individual pre-existed any government (see Locke, etc.).
Regarding the 2nd Amendment, the federal government has no lawful power to pass any law that disallows individuals the right to keep an bear arms. While a state might organize, set rules of engagement, train, etc. the members of their milita, the right to bear arms itself is one that belongs to the people -- which is to say, individuals -- and not the state governments.
It does not matter that the state government employees have failed to or refused to do their duty vis-a-vis their militias. The fact remains: the right belongs to individuals, not the government.
Furthermore, none of this has anything to do with the right of gun ownership for self-defense, since the federal government has no lawful authority to restrict gun ownership for self-defense in any way.
~ zynner