That makes more sense than just about anything else I've ever read on this subject. Thanks.
Now for the question of what constitutes a "well regulated militia."
The 2nd Amendment has two protections in it:
"A well regulated Militia, being necessary to the security of a free State," - This is the justification clause. The framers were terrified of how a standing army could be used against the people (they had seen it with the British troops), which is why both the Federalists and Anti-Federalists agreed to their "compromise" in the Bill of Rights with the 2nd Amendment. This clause restricts the government at any level to pass laws or use any force to prevent the right of the people to assemble with their state militia if so called upon. It doesn't mean they have to be a group that assembles monthly for drill, it means they have the right to assemble and train if so called.
"the right of the people to keep and bear Arms," - This is the operative clause. It insures that if the militia were so called that they would be armed and in no danger of being "locked out" from any state controlled armory. The words "keep and bear arms" are inextricably linked as well as an inherent limit to the 2nd Amendment, with "keep" protecting individual ownership and "bear" reinforcing the supporting documents defining the 2nd as to apply to small arms (infantryman weapons).
"shall not be infringed." - I believe you'll know how this applies to the above.....=)
While the prefatory clause is a justification clause, it is not the only justification found in the supporting documents, but one of several:
James Madison: “The ultimate authority … resides in the people alone. … The advantage of being armed, which the Americans possess over the people of almost every other nation … forms a barrier against the enterprises of ambition.” Federalist Papers 46
James Madison: “A well regulated militia, composed of the people, trained to arms, is the best and most natural defense of a free country.” (1st Annals of Congress, at 434, June 8th 1789)
George Mason: “I ask you sir, who are the militia? They consist now of the whole people.” (Elliott, Debates, 425-426)
Patrick Henry: “The great object is that every man [
citizen] be armed. Everyone who is able might have a gun.” 3 Elliot, Debates at 386.
Richard Henry Lee: “A militia, when properly formed, are in fact the people themselves…and include all men [
citizens] capable of bearing arms.” (Additional letters from the Federal Farmer, at 169, 1788)
Tenche Coxe: “Who are the militia? Are they not ourselves? Is it feared, then, that we shall turn our arms each man against his own bosom.
Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birthright of an American… The unlimited power of the sword is not in the hands of either the federal or state governments, but, where I trust in God it will ever remain, in the hands of the people.” – Tenche Coxe, The Pennsylvania Gazette, Feb. 20, 1788.