True. But as I said, the second amendment was never meant to do that. State constitutions protect the individual right to keep and bear arms.
"unanimously declared by Congress to be a member of “the militia”
You may meet the qualifications to be in a well regulated state militia, but that's about it. Hey! I meet the qualifications to be President. So every time I post are you going to salute and hum Hail to the Chief?
Congress cannot infringe on your right to keep and bear your M4 as part of your state militia. If they did, your state could challenge that law in federal court as a violation of the second amendment.
I think you’re missing his point - he is already a member of the Militia of the United States, as am I. That fact is set forth under the provisions of 10 USC 311.
Further, the California state constitution does not, in fact, protect the individual right to keep and bear arms.
It does. See 922(o).
If they did, your state could challenge that law in federal court as a violation of the second amendment.
So..."the people" to which the 2nd Amendment applies cannot challenge infringements on the enumerated right?
Your reasoning is based on a false premise. You do not meet the qualifications to be in the militia. You ARE in the militia according to Title 10 section 311 of the United States Code, which states "Militia: composition and classes (a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
Now the age and geneder restrictions wouldn't be upheld under the 5th and 14th Amendments, so what you have left is that every citizen is currently a member of the militia and is protected by the second amendment, even under your flawed interpretation.