General Discussion
In reply to the discussion: Would requiring all gun owners to have a license, all guns to be registered, [View all]jmg257
(11,996 posts)"every State shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutered"
These entities were 'inherited' by the Constitution ("the president shall be CinC..."of the militias of the several states.."
, and given very vital roles to play in securing our liberties, when in federal service.
The states could not reduce the efficiency of the Militias because it would deny the federal govt the primary means of keeping the goals & guarantees made in the constitution. Well-regulated militias, per congressional standards, were "necessary".
And because the Congress was giving substantial power over the organizing and arming of them, the 2nd amendment restricted the fed's ability to DISarm the people who's right and duty it was to serve.
States certainly pass their own gun control laws, but they are often challenged in courts, and often found in contrast with the 2nd, so it that lately it seems it comes down to the level of scrutiny applied vs 'the government interest' in passing such laws.
Obviously the militia purpose of the 2nd has lost a lot of it's teeth.