"Shall not be infringed" is another one that is commonly interpreted quite differently than the most plain reading would suggest. (I say this as someone who does not own a firearm, so this is probably not gun-nuttery.)
The thinking of course is everyone could potentially join a militia, therefore everyone is defacto covered under the second amendment.
Because one first part explains the rationale, the second part describes the right.
I personally think the current state of affairs does a pretty good job balancing the two parts of the amendment. States are allowed to put a lot of restrictions on how you can buy guns, and where you can carry/use them, but ultimately people are allowed to have them. You aren’t allowed a nuke, you are allowed a shotgun. Exactly what level of personal firepower should be allowed for a “well regulated militia” could be a constant source for debate, but I think the balance is kept pretty well.
I know this is apostasy, but because the founders weren't omniscient beings that drafted perfect documents. Rather they were politicians basically just winging it while trying to come to some consensus. Critically, they lacked an understanding of the limitation of logical systems that would only be discovered in the 20th century - the repercussions of which are with us to this day.
> Exactly what level of personal firepower should be allowed for a “well regulated militia” could be a constant source for debate, but I think the balance is kept pretty well.
From the commoner's perspective, most explosives are basically illegal even though they could be responsibly kept by anyone with a little land. So no, I don't think any balance has been achieved. For starters, anything that a domestic-facing police department is allowed to have should be fair game for the rest of the People as well.
Hand waving away the wording about military utility, and only focusing on the individual right.
We can, and need to have a debate about both, and not just the latter. That is my point.
"(2)the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia."
Even in the few active state militia they would be considered eligible, not members.
SCOTUS has had contradictory decisions in the past on whether private gun rights hinge on military applications of the specific firearms, but indeed this is the talking point - state militias.
Collectively, the people who parrot "Shall Not Be Infringed" are really trying to avoid the militia debate entirely.