Is Federal gun regulation constitutional?

[Baphomantis]

Does it not interfere with a well regulated state militia

 

[littlescrubbingbubble]

That would be no, because that "well-regulated state militia" is the National Guard, and federal legislation did not in any way regulate their use of guns.

There may be argument that federal gun legislation violates the 2nd Amendment (and also plenty of argument that it does not), but it does not do so on the grounds that it hampers or eliminates a state militia.

 

[Bryan]

Apparently so.

The 2nd amendment talks about a well regulated militia which refers to citizens in their entirety, not the National Guard or the Reserve. "Well regulated" sounds like some regulation would be permissible to me.

 

[ChuckN]

Yes it is constitutional -- according to the final arbiter of what is constitutional -- the Supreme Court.

 

[Job1]

You have the right to bear arms, but I don't think the founding fathers intended citizens to own tanks, RPGs or light machine guns.