[jwalsh07]

Volokh was once dubious about the 2nd being an individual right as well. He no longer is.

It may surprise you to know that prior to Alito at least 5 justices on the Rehnquist court have asserted the individual right theory or concurred with others who have asserted such.

I think it is probable that the SCOTUS with Alito would affirm the individual right while also affirming the power of states to regulate same. However, I think that same court would strike this particular Massachusetts law and the Supreme Court of Mass should as well based on their own Constitituion.

[Torie]

And the two clauses of the Amendment are entirely consistent. The second clause guarantees a "right of the people," which is the right of each individual. The first clause explains that this right helps further a "well-regulated militia," a legal term of art that means "the body of the people capable of bearing arms" (here I quote from the New York Ratifying Convention's proposal that eventually became the Second Amendment 4) -- the entire armed citizenry, not some small National Guard-type unit.

The above in bold is an assertion, not an argument, it seems to me. What New York thought is of some slight interest, but hardly dispositive, and certainly not controlling.