The Second Amendment speaks of two separate groups the Militia and the People. If the right to keep and bear arms was meant ONLY to apply to the militia it would read “The right of Militia members to keep and bear arms shall not be infringed.” Or, it would read “The power of the States to maintain armed militias shall not be infringed.” It reads “The right of the People to keep and bear arms shall not be infringed.” It calls for a “Well-regulated Militia” and not a well regulated populace, and all other references to “The People” in the Bill of Rights are also rights of individual citizens. The Federal government, the States and their officials hold powers not rights. For example, Amendment IV “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…” Amendment X “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Article. I. Section. 1. “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” Article. II. Section. 1. “The executive Power shall be vested in a President of the United States of America.” Note that they read powers and not rights.
See also: DC v. Heller
1. The Second Amendment protects an individual right to possess a
firearm unconnected with service in a militia, and to use that arm for
traditionally lawful purposes, such as self-defense within the home.
(a) The Amendment’s prefatory clause announces a purpose, but
does not limit or expand the scope of the second part, the operative
clause. The operative clause’s text and history demonstrate that it
connotes an individual right to keep and bear arms. Pp. 2–22.
This decision wasn’t reached in a vacuum. The vast majority of law review articles dealing with the Second Amendment conclude that it protects an individual’s right to keep and bear arms. In fact, when Dr. Lawrence Tribe, the widely published Constitutional Law scholar, author of the Constitutional law textbook that is standard in many if not most of our nation’s low schools, and strong supporter of gun control, announced that he would conduct a study of the Second Amendment. Citizen disarmament zealots, their organizations, their media allies, and their apologists were elated for they believed that at last a well respected Constitutional law scholar would finally proclaim that the Second Amendment applies only to the Militia and not individual citizens. In the end they were disappointed. Like the Supreme Court Dr. Tribe determined that the framers of the Constitution intended that the Second Amendment confers the right of individual citizens to keep and bear arms unconnected with service in a Militia.