Argument: Militia means the whole body of individuals within the US
- Mark Tushnet, J.D. , “Interpreting the Right to Bear Arms — Gun Regulation and Constitutional Law”, The New England Journal of Medicine, Volume 358:1424-1426 April 3, 2008 "Gun-rights advocates have a different view. Their strongest point is that the Bill of Rights is a bill of individual rights. They argue that the Second Amendment's preamble explains why we have an individual right to keep and bear arms. And the "militia" mentioned in the preamble, in this view, is not the state-organized militia but rather what 18th-century thinkers described as the unorganized militia, the whole body of the people who, if armed, would be able to resist efforts by an oppressive government or to provide self-protection when the government failed in its duty to protect against predators and criminals."