"Most restrictions are state imposed, and it is harder to argue that states have no right to regulate the use of guns."
Hunting is not protected in the constitution....GUNS ARE!
the second amendment is about protection from tyranny from within and without of our nation. -- ".....the right of the people to keep and bear arms shall not be infringed......"
39 Vaquero
RobbyS:
Given that the Bill of Rights is meant to limit the national government, I don't go along with this.
IMHO, each state is a separate poliitical community and ought to be free to make its rule of safety and comity. If you don't like the gun laws of New York. move to Texas.
Robby, - I moved to CA 50 years ago when it had reasonable laws on regulating firearms..-- Now the 'moral majority' in this state is outright prohibiting guns. Under your theory, my only recourse is to move? -- Say it isn't so kid. -- Tell us that our RKBA's is an inalienable right.
Not under CA's constitution. You should go ahead and move. All that conservatives serve for in CA is to swell it's population so that the commielibs get 53 electoral votes every four years.
I don't think you can separate the idea of gun ownership from the notion of the militia as an organized force capable of resisting say, the standing force of government. I will agree that if the practical effect of gun laws is to disarm the people, then it must be resisted. So, following Justice Storey, I think, I regard the possession of guns as a popular rather than an individual right. Hard to enforce this right in as court, however, since a court is an arm of government.