[tpaine]

This is an example of the trouble the law gets into what it attempts to criminalize a tool or means of a crime instead of, or, at least as well as, the criminal behavior itself.
So we attempt to make guns illegal to prevent gun violence instead of concentrating on prosecuting the violence itself.

Well put. -- By saying that States have a 'right' to criminalize private non-harmful sexual behaviors, -- we in effect are saying that States have a 'right' to criminalize private non harmful behaviors regarding the carrying of arms, for instance.

If I may inflict this on you here is a rather long post which has some relevance to this idea of prohibiting one behavior to get at another:

Are you saying then, -- that States have a 'right' to criminalize private non harmful behaviors regarding the carrying of arms, - for instance?

[nathanbedford]

No, in view of the explicit protection afforded by the Second Amendment, I do not think that the state has the right to try to get at gun violence by restricting gun ownership.

However it is probably constitutional to try to get at drug use by prohibiting drug possession in the absence of a specific constitutional right. That is not to say that I think it is wise.