IN COMMENTS here.
Legal practitioners often tell lay people that we do not understand how the law works. That may be true, but I believe that legal folk need to remember what the law is for — to serve The People. A foundational law which is so obviously and clearly breached by the state does not so serve. In the end, such breaches serve only to delegitimize the entire legal structure.
The relevant part — the independent clause — of the Second Amendment commands that “the right of the people to keep and bear arms shall not be infringed.” This is an absolute proscription which mandates that the nation as a whole must be organized that “…No free man shall be precluded the use of arms.” (Thos. Jefferson)
There is no limit to the right except as its exercise shall cause the infringement upon the rights of another citizen. There can be no “compelling public interest” which diminishes the liberty of any man, save only he do harm to another. Seems assault and murder laws handle that quite well.
All the rest of the legal mumbo-jumbo amounts to an affront to liberty, which not only violates the letter of the Second Amendment, but the entire spirit of the foundation of the Republic. It is, not to put to fine a point on it, not only unconstitutional, it is un-American.
The attentions of attorneys and judges should be better directed toward reifying THAT truth than all this other persiflage.
Of further interest: The above link leads to an article at the Library of Liberty and Law, which looks like an interesting site. As is my practice with sites I want to follow, I have added them to the blogroll here at BTB under the category Doing Right Right. Feel free to avail yourselves of the handy link.