Those militias were under the control of the colonial government. Indeed one of the colonials killed at Lexington was an ensign. That militia was the army at the time.
To complete the thought experiment, what would we have to do to form our own militia? Have a charter and elections? The colonial army at the time was not sanctioned by the king to bear the arms it did.
My interpretation of the second amendment is that the government has broad regulatory powers when it comes to gun ownership. Furthermore that the right applies only to militias and that in the present day militia would be an organization under government control.
Times change and interpretations change. I do not feel bound to interpret the Constitution by only considering what the founders meant. But for people who are originalists the well regulated meaning in the wording of the second amendment should imply broad government powers of regulation. It’s the only part of the Bill of Rights that grants a right to both the government and the people. It’s an oddly worded amendment. I imagine that the founders understood that a broad, unregulated right to own guns might not be the best public policy and hence threw in the well regulated wording. Also they mention it being necessary to a free state. If it is no longer necessary to a free state what then? Can a ban be placed on ownership? I don’t know how they would answer the question. I do know how I answer it.
humanrebar|8 years ago
yequalsx|8 years ago
Times change and interpretations change. I do not feel bound to interpret the Constitution by only considering what the founders meant. But for people who are originalists the well regulated meaning in the wording of the second amendment should imply broad government powers of regulation. It’s the only part of the Bill of Rights that grants a right to both the government and the people. It’s an oddly worded amendment. I imagine that the founders understood that a broad, unregulated right to own guns might not be the best public policy and hence threw in the well regulated wording. Also they mention it being necessary to a free state. If it is no longer necessary to a free state what then? Can a ban be placed on ownership? I don’t know how they would answer the question. I do know how I answer it.