I think we need to look at what the supreme court has decided. They ruled that the right to own a gun is an individual right and need not be associated with a militia.
Key Second Amendment Supreme Court Cases - U.S. LawShield
District of Columbia v. Heller, 554 U.S. 570 (2008)
The Problem
Special Policeman Dick Heller and several other residents of the District of Columbia all wanted a gun for self-defense. At the time, D.C. prohibited the carrying of any unregistered firearms yet barred all handgun registration. D.C. also required all lawfully owned guns to be kept unloaded and disassembled or bound by a trigger lock, including in
a person’s own home, with few exceptions. Heller felt this ban prevented someone from properly defending themselves at home and violated the Second Amendment.
The Ruling
In this Second Amendment Supreme Court case, the Court made several rulings upholding our constitutional right to keep and bear arms.
It found that:
- The Second Amendment protects an individual right to own firearms for the purpose of self-defense, unrelated to militia or military activity. And because handguns are today’s primary defensive weapon of choice, they’re also protected.
- The phrase “bear arms” meant: “to wear, bear, or carry . . . upon the person or in clothing or in a pocket, for the purpose . . . of being armed and ready for offensive or defensive action in a case of conflict with another person.”
- A “well regulated Militia” is not the state’s military forces.
- The D.C. regulation effectively banning handgun possession and the law requiring firearms in the home to be kept inoperable at all times, both violated Second Amendment protections.
- The Second Amendment is not unlimited or absolute. Reasonable restrictions may be upheld (such as limits on firearm possession, carrying in schools and government buildings, and “dangerous and unusual” weapons).
Unfortunately, the District of Columbia is under the exclusive jurisdiction of Congress and the federal government,
not a state. So, while SCOTUS made several key decisions on what the Second Amendment means and protects, the case shed no light on whether
states could regulate and/or ban firearms.