- "(a) The militia of the United States consists of all able-bodied males at least 17 year of age and, except as provided in section 313 of title 32 [32 USC sec. 313], under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are commissioned officers of the National Guard."
- "The signification attributed to the term Militia appear from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators [Justice Story's commentary is cited later]. These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense..."
Q: Isn't the right to keep and bear arms a collective/state's right, not an individual one?
A: No, it has the same status as the rights guaranteed by the First and Fourth Amendments. See US vs. Verdugo-Urquidez (supreme Court), 110 S.Ct. 1056, 1061 (1990):
"[T]he 'people' protected by the Fourth Amendment, and by the First and Second Amendments, and to whom rights and powers are reserved in the Ninth and Tenth Amendments, refers to a class of persons who are part of the national community or who have otherwise developed sufficient connection with this country to be considered part of that community."
Q: Does the Second Amendment give me the right to own a nuclear bomb?
A: No, that's a strawman argument. US vs. Miller (supreme Court) (1939) tells us what arms are meant in the Second Amendment:
"These show plainly enough that the Militia comprised all males physically
capable of acting in concert for the common defense...
And further, that ordinarily when called for service these men were
expected to appear bearing arms supplied by themselves and of a kind
in common use at the time."
(Note: emphasis is mine)
