The existence of a state militia - whether to fight rebelling slaves or indians - was necessary in 1789 and that is what the 2d Amendment protected. But state militias were abandoned in the early 20th century and replaced with the National Guard. The basis for the well-regulated militia clause is directly lifted from the preceding Articles of Confederation (Part VI) which states:
The delegates to the Constitutional Convention would have been well-aware of the terms of the Articles. They had been living with them since 1777. It is very clear that when they use the term "well-regulated militia" they did not mean every shithead with a gun, as the NRA tries to pretend.
But that hardly matters. People had guns and they were regulated by states and municipalities. What Heller did was tell the District of Columbia that it could not ban guns because of some far-right wet dream. Generally speaking since then the courts have upheld state regulations on guns, most recently the Connecticut ban on assault weapons. Will a shithead state like Texas ever reach the point where they get tired of the bloodshed and demand that their local officials do something about gun nuts? Probably not.
Quote:No vessel of war shall be kept up in time of peace by any State, except such number only, as shall be deemed necessary by the United States in Congress assembled, for the defense of such State, or its trade; nor shall any body of forces be kept up by any State in time of peace, except such number only, as in the judgement of the United States in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defense of such State; but every State shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutered, and shall provide and constantly have ready for use, in public stores, a due number of filed pieces and tents, and a proper quantity of arms, ammunition and camp equipage.
The delegates to the Constitutional Convention would have been well-aware of the terms of the Articles. They had been living with them since 1777. It is very clear that when they use the term "well-regulated militia" they did not mean every shithead with a gun, as the NRA tries to pretend.
But that hardly matters. People had guns and they were regulated by states and municipalities. What Heller did was tell the District of Columbia that it could not ban guns because of some far-right wet dream. Generally speaking since then the courts have upheld state regulations on guns, most recently the Connecticut ban on assault weapons. Will a shithead state like Texas ever reach the point where they get tired of the bloodshed and demand that their local officials do something about gun nuts? Probably not.