"In general the Bill of Rights implies it is mostly restrictions on the federal government.
The 9th and 10th amendment make it very clear that the feds have to be explicitly authorized by the Constitution before they have any jurisdiction and can pass any laws related to the matter." R5 #2,271
There's a debate long simmering about whether the Constitution defines a sea of citizen rights with some islands of government authority, or
a sea of government authority with some islands of citizen's rights.
Many have picked a side in that debate. Some among them may consider the debate resolved.
It's not.
"And since no where does the Constitution authorize any federal gun laws, then all those passed are totally illegal." R5 #2,271
"Totally illegal"?
I have never heard from any legal scholar the following opinion. It is one I have arrived at on my own, even if others have also. (they haven't told me about it)
CONSTITUTION OF THE UNITED STATES
PREAMBLE:
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence [defense], promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
According to what I've read the Constitution's
Preamble is not enforceable law. Fine. BUT !
My opinion, the body of the Constitution including Amendments can be categorized as "letter of the law",
while the
Preamble is the "spirit of the law", in my opinion.
I've long thought it shortsighted that there aren't spirit of the law preambles to more of our laws. Not necessarily only statutes, ordinances as well.
Auto-fire belt-feeders did not exist in 1791 when 2A was ratified. BUT !!
The Founders were realistic enough to understand progress would be made, and adjustments to our Constitution would be necessary.
Amendments 12 through 27 were ratified after the 18th Century, the century of our Founding.
There are historic accounts of Benjamin Franklin reassuring Founders hesitant to provide their support, that while their objections and reservations may be well-founded,
the compromises made were about the best that could be achieved, & deserves their support.
And their support was provided.
"A gun is a tool." Alan Ladd in the title role of Shane
A screwdriver is a tool.
So is a can opener.
It's best to not interchange them.
A sensible citizen may have legitimate use for a gun.
A .22 to hunt varmints.
A .38 to defend against a rabid fox attack while hiking / camping. etc
The
General Electric GAU-8/A Avenger is a
30 mm hydraulically driven seven-barrel
Gatling-style autocannon that is primarily and most famously mounted in the
United States Air Force's
Fairchild Republic A-10 Thunderbolt II. Designed to destroy a wide variety of ground targets, the Avenger delivers 30 mm rounds at a high
rate of fire.
en.wikipedia.org
Fine.
Does Bruce really need two
GAU-8/A mounted on his Winnebago ?
I'm not endorsing PRECISELY where the line is now drawn. BUT !
I acknowledge, we don't really want mentally unbalanced hot-heads with nuclear weapons circulating in our residential neighborhoods.
My objection is the a-wink-&-a-nod compromise of 2A. The wording is "shall not be infringed." BUT
the reality is monumentally to the contrary.
I understand the romantic appeal of leaving the
Bill of Rights intact.
I also understand the detriment of hypocrisy within our "supreme law of the land", Art.6 Sect.2.