No. of Recommendations: 4
If there's a transcript of that podcast, I'd read it.
Modernly, the prefatory clause is just an introductory clause and has no effect on the operating clause. The prefatory clause mention the militia and they will point to that as proof. But U have to tell them - no, if you want to make that clause meaningful, then you run the risk and that meaning restricting guns mentioned in the second amendment to the militia. The militia was mentioned in the initial Constitution and it restricted the creation of the militia to the Federal and State governments. There are no self appointed militias. There are gun clubs that call themselves militias, but they aren't unless the state created them. There are a few historical militia that are recognized by their states, but those fellows are historical and not loony.
Most of them don't understand that to get the individual rights that they have in the Second, the claim that the prefatory clause limited weapons to the militia had to be refuted and it was and now has little meaning. The Constitution is clear that the militia is created by the State.
Next they'll go to the Federal Code on militia and the National Guard and say they are still militia because it mentions the organized and unorganized militia. The organized militia is the National Guard, and there's also a naval unit too. The unorganized militia is simply the pool of able bodied men and women from which you can recruit and draft. It isn't recognized by the State and is not a Militia.
So there are no self appointed militias, but there are individual rights to keep and carry.
