Just five little words, says Justice John Paul Stevens.
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms when serving in the Militia shall not be infringed.”
Here are five other words: “the right of the people.”
Writers of the Constitution wrote what they did for a reason. If there had been a compelling reason for specifying militia members only, it would have been written that way. But it wasn’t.
If the Justice wants the change, he is within his First Amendment rights to lobby his federal representative and two senators for an amendment to the amendment.
Under Justice Stevens' plan, is "militia" the same as National Guard? And when one leaves the militia, does he lose his right to own a gun? Would Active Duty members not have the same right.
We could go on and on. And on.