The U.S. Supreme Court never ruled that the 2nd amendment was a "collective right" in U.S. vs Miller (1939) or in any other ruling they've made. That they ever made such a ruling is part of the anti-gun crowd's lies. Also, nowhere in the ruling does it ever say "state militia", only militia.
They ruled that the weapon in question, a shotgun having a barrel length of less than 18 inches, had to be a weapon used by the military or it was not protected under the 2nd amendment. The court was unaware that short barreled shotguns were indeed used by the military, especially during WWI where it was an effective close range weapon when clearing out an enemy's trench. Germany complained that the shotgun was inhumane and if we did not stop using them, they would stop prisoner exchanges.
Miller and his attorney never appeared at the U.S. Supreme Court, nor did the attorney file any brief with the court. The U.S. Supreme Court heard only one sided arguments, and they must make their rulings based on the arguments of the case.
Regarding the "militia" in the 2nd amendment, they stated: "The signification attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators. These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense. "A body of citizens enrolled for military discipline." And further, that ordinarily when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time."
We are the militia.
