The right is not granted by the amendment per se; its existence is already assumed. The gist of the sentence is that the right shall be preserved inviolate for the sake of ensuring a militia.Originally posted by Hotpoint
Ah but it's the important one where your interpretation requires a full-stop! Still reads like the right to bear arms is linked to the idea of a militia not private ownership for the sake of it. Also I'm not criticising the US Constitution just some peoples interpretation of it
17th/18th Century Liberalism at its atomistic best. Doesn't alter the fact you are interpreting the 2nd Amendment to the Constitution not reading it as it stands. That's your perogative but under English Law we would apply the "Literal Rule" and assume the framers meant what they wrote
The right to keep and bear arms is not said by the amendment to depend on the existence of a militia. No condition is stated or implied as to the relation of the right to keep and bear arms and to the necessity of a well-regulated militia as requisite to the security of a free state. The right to keep and bear arms is deemed unconditional by the entire sentence.
It's kind of like saying, "A well-schooled electorate being necessary to the security of a free State, the right of the people to keep and read Books shall not be infringed." Unless of course books are later found to be "potentially lethal"