Gun Control & RKBA
In reply to the discussion: Questions for gun control advocates, part 1 [View all]sarisataka
(19,298 posts)the first and only significant court decision based on the Third Amendment was Engblom v. Carey in 1979. It went unused for 192 years but was (and is) still valid.
The strained reasoning is that a right can be legislated out of existence. We can require a parade permit but cannot require such for every gathering of four or more people. That would override freedom of assembly and thus is unconstitutional.
That Congress has removed an active militia duty does not mean that it is magically gone. The 1903 Act defines militia duties. That is the regulation. The fact that it classifies the overwhelming majority as unorganized and imposes no further duty is a matter of Congress choosing not to exercise its authority. The militia still exists and is regulated to the satisfaction of the Government.
That all is moot however as the Amendment gives the right to the People. The 1792 Militia Act clearly reinforces the point that People meant individuals.
That you consider the unorganized militia to be "a joke" bears absolutely no weight until you get appointed to be a Federal judge and rule on a 2A case.