Is that militia well-regulated? I understand that firearms are well- (maybe even over-) regulated, but I'm thinking about the militia itself. My understanding is not as thorough as I would like.
"A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."
Some people argue that this means:
"A well regulated militia being necessary to the security of a free state, the right of persons who belong to such a militia to keep and bear arms shall not be infringed."
This raises two questions:
1) Why did they not write that?
2) Did every person who fought against the British, and who had a weapon of their own, belong to a militia when they purchased the weapon?
Aftern considering these questions, it is clear that the second interpretation is not what they meant at all. What they meant was:
A) A well regulated militia is necessary to the security of a free state.
B) A well regulated militia cannot happen unless US Citizens have the right to bear arms. That there be a large element of the population who can rise up and form a militia, "officered by men chosen from among themselves"[1] is necessary for (A) to occur. Therefore, whether or not such a militia exists, and whether nor not a given person is a member of such a militia, all persons have the right to bear arms because one day they may be needed.
So when people say "Well we don't have an organized militia so you don't get to have guns", they have it exactly backwards. Instead of banning guns, we should be organizing militia. Not government militia. Not state militia. But organizations of free citizens getting together to organize and practice. This is exactly the opposite of what the federal government has been doing. Where these organizations exist, it has been shutting them down by force.
By all means argue that we have no need of a militia, and that we should therefore strike the second amendment. However, do not pretent that the second amendment means that only army reservists or state police should have guns, or that "regulated" implies that the very enemy it protects against (the state) should do the regulating.
I think you've made a cogent argument against somebody else's position. I wasn't stating a position; I was asking about what mechanism exists to keep the broader, only semi-organized militia you describe well-ordered.
Though the second amendment is strictly about protecting this latter use.