Also, the 2nd Amendment is now null and void of its original intent since we have a National Guard. Each state has its own state National Guard unit. There’s your well-regulated militia right there. We already have one. As long as we have a National Guard in each state, the 2nd Amendment is fulfilled.
At the time the 2nd Amendment was written, they didn’t have any National Guard. In lieu of the National Guard, they simply had local call-up militias. All of the men in the locality would have to show up to join the militia if a call-up were ordered. The militia itself had no guns, so each man would have to supply his own gun. Uniforms were provided by the militia. That was the reason for the right to bear arms – so men could possess their own guns that would be necessarily in forming the local militia when the call-up went out. Since the militia itself had no arms, the people who had to join the militia needed to have the right to keep their own guns in the case of a call-up.
We don’t do it that way anymore. We do not have call-up militias where every able-bodied man is required to show up and join the local militia, bringing his gun with him, when the call goes out. We don’t do it that way anymore so the 2nd Amendment is useless and null and void in that context.
However, there is a section about the necessity of having a “well-regulated militia.” We have that now in that each state has its own National Guard unit. Those units are the well-regulated militias referred to in the amendment. If, say, a national government came in and dissolved the National Guard in one or more states via decree or law, the states could sue and go to court citing their 2nd Amendment rights to have a militia. The courts would rule that the state had an inherent right to a National Guard unit under the 2nd Amendment that may not be revoked.
If a state dissolved their own National Guard unit, interested parties could sue the state citing the 2nd Amendment which would order that state to recreate their National Guard unit.
