Reply #127: A few considerations

[Columbia]

Although SCOTUS did rule that a sawed off shotgun (restricted by the National Firearms Act) was not covered under the 2nd Amendment, the determination was not that the 2nd Amendment was a collective right. The ruling was that the 2nd Amendment only covered arms that were fit to be carried by a soldier ("ordinary military equipment") and no evidence was presented that a sawed off shotgun was carried as such. Of course, soldiers did carry short barrel shotguns during the Civil War and World War I, but Miller was not able to provide a defense since he had been murdered prior to the SCOTUS hearing.

Another consideration is that Miller himself was not part of the National Guard and if the court had wished, they could have ruled that he was not covered under the 2nd Amendment, but this was not case. The brief does go into length about who comprised the militia (mostly citizens). As such, the 2nd Amendment, in the eyes of the court, is not a protection for states to have a militia (as if the whole people part was not enough as it is).

There is no need to overturn Miller because it already affirms the right for individuals to keep and bear arms that are considered "ordinary military equipment."

So technically, we all have a right to keep and bear a M16A2 assault rifle and it would be constitutional and in keeping with the ruling made on US vs. Miller.