It’s time to repeal the gun industry’s exceptional legal immunity

[branford]

89. The individual rights interpretation of the 2A is not the primary issue facing gun controllers.

In fact, a significant number of gun regulations, including AWB's and UBC's, are almost certainly entirely constitutional.

Your problem is that you lack popular and electoral support to actually implements any of your ideas nationally or in the majority of states. The entire 2A can disappear tomorrow and it would not repeal the PLCAA or implement a single firearm regulation, no less bans and confiscation. At most, and to the extent permitted by the 2A analogs in state constitutions, many of which are far broader and more protective than the 2A, some states or localities might pass tighter regulations. These laws would still also need to abide by other constitutional provisions, including the 4A, 5A, and 14A (e.g., the terror list prohibition idea is still probably unconstitutional).

As explained by others, stare decisis is powerful legal force, and the reasons why the Heller reasoning will continue for at least many, many years with a liberal court, just like Roe has survived generations with a conservative court. In any event, If you want much stricter gun control, you'll need to persuade a critical mass of your fellow Americans, more than one in three who own firearms, not just a few black-robed one-percenters.

Complaining about the Heller and McDonald decisions is like complaining about the NRA. It's a red herring used to rationalize the lack of support for gun control in the USA.