Militia membership is not required. Don't get hung up on "militia."
This is now settled law.
DISTRICT OF COLUMBIA v. HELLER (No. 07-290) 478 F. 3d 370
Finally, the adjective “well-regulated” implies nothing more than the imposition of proper discipline and training. See Johnson 1619 (“Regulate”: “To adjust by rule or method”); Rawle 121–122; cf. Va. Declaration of Rights §13 (1776), in 7 Thorpe 3812, 3814 (referring to “a well-regulated militia, composed of the body of the people, trained to arms”).
Held:
The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. Pp. 2–53.
(a) The Amendment’s prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. The operative clause’s text and history demonstrate that it connotes an individual right to keep and bear arms. Pp. 2–22.
The Militia is pretty explicitly defined as being made up of the Organized Militia (like the national guard) and the Unorganized Militia (all able bodied gun owners) both of which meet the criteria for "well regulated"
Militia membership is not required. Don't get hung up on "militia."
This is now settled law.
DISTRICT OF COLUMBIA v. HELLER (No. 07-290) 478 F. 3d 370
Finally, the adjective “well-regulated” implies nothing more than the imposition of proper discipline and training. See Johnson 1619 (“Regulate”: “To adjust by rule or method”); Rawle 121–122; cf. Va. Declaration of Rights §13 (1776), in 7 Thorpe 3812, 3814 (referring to “a well-regulated militia, composed of the body of the people, trained to arms”).
Held:
The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. Pp. 2–53. (a) The Amendment’s prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. The operative clause’s text and history demonstrate that it connotes an individual right to keep and bear arms. Pp. 2–22.
Even if it was, he has that too.
The Militia is pretty explicitly defined as being made up of the Organized Militia (like the national guard) and the Unorganized Militia (all able bodied gun owners) both of which meet the criteria for "well regulated"