“We DO NOT want to go down the Militia road, which would allow courts to define the Organized Militia as the national Guard, etc.”
The National Guard is already defined as the Organized Militia by legislation.
With some exception, everybody else from about
18 to 45 is in the Unorganized Militia at the Federal Level.
The age limits for the Unorganized Militia at the State level may vary by State.
Actually, from a legal standpoint, always try to get away from and stay away from the entire Militia concept.
Had the second amendment simply said “The right of the people to keep and bear Arms, shall not be infringed” we would never have given out opponents the ability to claim that people at home are not a “well-regulated militia”
I never want the National Guard to be considered the “organized militia” or some group of 18 to 45 year-olds a militia of any kind. If that is true, we open the avenue for a rather persuasive legal argument that anyone not a member of those two groups does not have a Constitutional right to “keep and bear arms.”
If legislation makes the NG the organized militia, then other legislation can make it NOT the militia.