[Radio_Silence]

Agree with everything you said.

My concern is that if SCOTUS rules against the decision using the “collective right” argument then the floodgates of gun control will be open as every anti-2A dem in govt will be yelling that we have no need for private ownership as we already have a National Guard.

[xzins]

There are a number of reasons why the National Guard cannot be the militia, but the one that strikes me is that they are permanently under the DOD. It is permanently provisioned by the DOD....states don’t buy tanks, jets, and missiles. Congress has it in the budget, so it is part of the standing army.

The “militia” would be more like the “draft.” (Incidentally, I support the draft, and think all this foolishness about “individual rights violated by a draft” is so much hogwash. If the situation is so dire that the militia must be called forth, then it’s our free nation or Donnie Draftdodger’s individual rights that’s the choice. I’ll choose a free nation any day.)

[tpaine]

"-- Should the case reach the Supreme Court, Tribe told The New York Times, "there's a really quite decent chance that it will be affirmed."
If that happens, Tushnet says, it is unlikely to end all gun regulation, because the Court would probably tailor its decision narrowly to reach consensus.

"Once you recognize [gun ownership] as an individual right, then the work shifts to figuring out what type of regulation is permissible," he says.

My concern is that if SCOTUS rules against the decision using the 'collective right' argument then the floodgates of gun control will be open -

The Court is not that politically stupid. Such a 'collective' decision would incite massive civil disobedience, akin to booze prohibition.
They will settle instead for the idiotic theory that 'regulations' can prohibit, - supposedly without infringing.

Then the work shifts, as Tushnet says, to proving that legislators in the USA have no delegated power to prohibit.

[oyez]

The National Guard didn’t exist at the time of the Bill of Rights’s passing, and it is not the militia. The Guard is paid therefore owned by the government. This not what the Founding Fathers had in mind.