The DC lawyers will that that hamilton quote and say it was to have an ORGANIZED militia NOT individual rights.
You have to ASSEMBLE them in a unit. The lawyers will argue this means we no longer have militias like that there fore there is no individual right.
need better cites.
Nope. Cites are fine. Note the use of the words “people at large.” No select militia there (e.g. National Guard). Further note ...
“All able bodied men, 17 to 45 of age, are ultimately eligible to be called up into military service and belong to the class known as the Reserve Militia, also known as the unorganized militia. Able bodied men who are not eligible for inclusion in the unorganized militia pool are those aliens not having declared their intent to become citizens of the United States (10 USC 311) and former regular component veterans of the armed forces who have reached the age of 64 (32 USC 313). All female citizens who are members of National Guard units are also included in the unorganized militia pool (10 USC 311).”
There are ways of throwing this back at into the gun controllers face... Saying that the Second Amendment and the Militia Act of 1792 REQUIRE every able bodied man (and now women) to own a firearm and be trained in the art of war. If I am correct, the law is still on the books.
The plain point of the Militia Act of 1792 - if you follow its full wording - is to ensure the general population is armed, from which a subset thereof may be assembled into a unit. It made sure that any who could be called would be ready. It also established a minimum level of preparedness, not a maximum. It also assumed one would arm himself, THEN register as being so armed.
The first principle of the 2nd Amendment is that ALL may be armed, from which subsets may be extracted/called for active service. The notion that only those subject to active service be armed is plainly preposterous, limiting national defense for no justifiable (or even articulable) reason.