The traditional modern conservative opinion on the 2nd Amendment diminishes and almost entirely dismisses the opening clause, “A well regulated Militia, being necessary to the security of a free State”. I believe this to be an error that leaves leftists an opening to prolong the Second Amendment assault forever. That opening needs to be closed. A substantive construction of this clause that makes sense to the general public is necessary to put down the gun control movement permanently.
But first, a little Latin. Crimes can be generally divided into the categories “malum prohibitum” and “malum in se”. Malum in se are crimes that are universally considered wrong or immoral that all just societies prohibit. Malum prohibitum are crimes that a legislature creates and are only crimes because they told us so. Tyrannies thrive by multiplying malum prohibitum crimes and turning honest citizens into fearful subjects that can be seized by the law at any time. Militias only go after malum in se crimes and are thus useful to the people who want a just society but useless to any sort of tyrant.
The militia’s uselessness to tyrants is its greatest selling point and one that the colonists implicitly understood because none of the abuses of King George were ever enforced by the militia (if there are examples where this actually happened, please share in comments). With that understanding, the introductory clause makes perfect sense to us all and gives us a common sense reason why even today, it’s important to have a strong militia so that our security is, as much as feasible, in the hands of people who will not sweat the small stuff. In fact, it’s truly necessary for the security of a free state.
The alternative is to entirely rely on paid agents of the state for our security, whether military or police. Is there ever a case where governments who are hard up for cash don’t make petty rules to extract fines and hem in the people’s liberty? Is there a government out there that does not favor its supporters and disfavor its opponents? Controlling these agents’ salaries is a powerful inducement for them to do the wrong thing if the government asks them. Over time and across a large number of governments, there will always be cases where they will be asked and there will always be agents who are willing to be tin pot tyrants. They have households to maintain after all.