In an old
blog post I argued that the Second Amendment created three constitutional
rights. “One is a right to participate
in the military, in
Latin jus militiae, from its origin in Roman law. The second is a
right to possess weapons for the purpose of the participation in the militia, [now
the National Guard] guaranteed by the first right. The third is a broader right
to possess weapons unrelated to matters military.” The
Second Amendment: Not One or Two but Three Rights I
was mistaken.