The Federalist Papers make it clear who is the "militia" referred to in the Constitution.
The problem came with the Dick Act / Militia Act of 1903 which changed the definition of the militia into the "organized militia" which was declared to be the National Guard and the "unorganized militia" which was able bodied citizens.
The problem with the National Guard as the "constitutional" militia is it already existed and actually predates the constitution having been founded in 1636. The second problem is the National Guard is a government entity so it can in no way be the "militia" referred to by the US Constitution. But they went ahead and did it anyway.
The problem with the "unorganized militia" is it's never been strictly defined and certainly has never been called up, it was put there as a loophole to be able to say "we still have a citizen militia."
So if we really want the second amendment to truly mean what it says, the Dick Act is just one more piece of unconstitutional legislation that must be eliminated. And until it is, arguments about the "militia" will be meaningless because any judge will simply look it up and determine the "national guard is currently the legal militia."
It's hard to be a ACLU hating, philosophically Libertarian, socially liberal, fiscally conservative, scientifically grounded, agnostic, porn admiring gun owner who believes in self determination.
Chuck, we miss ya man.
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