Gun Control & RKBA
In reply to the discussion: Constitutionality of Proposed Firearms Legislation [View all]AtheistCrusader
(33,982 posts)The SC brought this up in Heller, but it had previously ruled in other Constitutional cases, i.e. a prefatory clause in the Constitution does not in any way limit the operative clause. In the case of the Second Amendment the operative clause is "The right of the people to keep and bear arms shall not be infringed.". The prefatory clause, which does not limit the operative clause, is "a well regulated militia being necessary to the security of a free state.". The court has repeatedly said over decades that the operative clause should be consistent with the purpose of the operative clause but that it is not a limit on the operative clause. The court had ruled similarly on another Constitutional case which involved a prefatory clause, so this interpretation was not a new one applied only to the Second Amendment.
The operative clause specifies THE PEOPLE. Not THE MILITIA.
For a good reason. There is no link between 'unorganized/organized', and 'well-regulated'. Even if you were right that there is, it would be no limit upon THE PEOPLE from possessing arms.