IndigoBlue
Contributor
drbill once bubbled...
FredT-
Not sure that the Constitution EXPLICITLY grants the right for private individuals to bear arms. There is some debate as to whether the reference was to the militia or private individuals.
You can read the 2nd Amendment yourself in any world almanac and see exactly what it says.
Machine guns have been legislated against since the 2nd Amendment and the federal courts have not overruled the legislation. Similarly, exploding or incendiary ammunition has been legislated against as well, with no overrulings. Ammunition larger than 1/2 inch in diameter has been legislated against as well, on the grounds of unsportsmanship in hunting.
Liberal arguments against gun ownership on the grounds of militia rationales, and conservative arguments against any regulation of guns at all on the grounds of the 2nd Amendment itself, represent the two polarizing views of this major issue.
Ultimately the federal courts including the US Supreme Court are the final arbiters of this matter, under the current Bill of Rights.
Amending the US Constitution would probably be needed to make any major changes to current gun laws. You know how hard that is, if you remember what the ERA went through before it finally failed.
At any rate, that is where things stand.
The current issue of the federal courts blocking the implementation of the late-term abortion legislation recently signed by Pres. Bush is a good primer on how the federal courts may stop an apparently un-constitutional piece of legislation and remand it immediately to the US Supreme Court for pre-implementation review.
Like it or not, the USA is a nation of laws. The federal court system works well to make sure it stays that way.