That is one person's opinion right?\
Considering who George Mason is, & his role in the writing of the Bill Of rights, I give his opinion considerable weight.
From Wikipedia.....
George Mason (sometimes referred to as
George Mason IV) (December 11, 1725 – October 7, 1792) was a Virginia planter, politician, and a delegate to the
U.S. Constitutional Convention of 1787, one of three men who refused to sign. His writings, including substantial portions of the
Fairfax Resolves of 1774, the
Virginia Declaration of Rights of 1776, and his
Objections to this Constitution of Government (1787) in opposition to ratification of
the constitution, have been a significant influence on political thought and events. The Virginia Declaration of Rights served as a basis for the
United States Bill of Rights, of which he has been deemed the father.
You say....
When you look up the definition of militia, overwhelmingly it is defined as a group of organized, trained individuals to be called up in service.
In law, particularly constitutional law, what matters is the intent behind it.
To apply a different definition from what was intended would be to subvert the law.
So again, I look to the Constitution's framers.
We citizens are the "militia", even if we have neither uniform nor arms.
Not everyone is responsible enough to have a gun, trained enough, nor has the proper mentality to handle one and the repercussions of which.
I agree.
The 2nd Amendment also does not cover what kinds of guns are allowed either. Back then the types of guns we have now were probably unthinkable. There is no possible need for the average person to have an assault weapon. Not one. If people want to tout the 2nd Amendment can they at least do it with some reason? There are all kinds of guns that just should not be available at all to the populace. The 2nd Amendment doesn't say anything about not restricting the kinds of guns people can have.
While not addressed directly, we must again look to their intent.
It would not be so narrow as to restrict it to the technology of the day, since during their lifetimes they saw technological advancement in arms. So what they envisioned would be the function of arms, rather than detailed specifications thereof. And that function, as employed by the militia, was militarily capable small arms, eg, rifles, handguns.
Nor does it say that people shouldn't have any restrictions as to who qualifies to have a gun and who doesn't. We have far too much ease in this country to obtain a gun...legally at that. Some states have bans on certain kinds of firearms, but not all. If one can just drive across a state border to get a streamlined killing machine then what is the purpose? Certain firearms need banned federally. There should be programs not only in place, but heavily advertised, that encourage the surrendering of such firearms throughout the country.
All the constitutional arguing aside, it seems to boil down to values.
I prefer that we citizens be capably armed, & able to handle self defense, & even of the country.
You would cede more more responsibility & power over us to the government.
Even though the law is on my side, it becomes irrelevant in such discussions.[/QUOTE]