[45Auto]

Well I got a question for you: If the Court upholds the collective rights theory and says that only organized militias can keep and bear, how about the unorganized militia spoken of in the USC? And further, what would prevent a group of private citizens from forming a militia, and therfeore keep their RKBA?

[robertpaulsen]

"If the Court upholds the collective rights theory and says that only organized militias can keep and bear, how about the unorganized militia spoken of in the USC? And further, what would prevent a group of private citizens from forming a militia, and therfeore keep their RKBA?"

Since the second amendment only protects a well regulated Militia, the unorganized militia and private militias would not be protected under the second amendment.

State Defense Forces and State Guards are protected -- the California State Military Reserve would fall under that.

[FreedomCalls]

And further, what would prevent a group of private citizens from forming a militia, and therfeore keep their RKBA?

Article I, Section 8 of the Constitution: "(The Congress shall have Power ...) To provide for organizing, arming, and disciplining the Militia ...