General Discussion
In reply to the discussion: The Militia Acts of 1792 and 1795 clarified what the 2nd Amendment means. [View all]ClarendonDem
(720 posts)Somehow embodies the government's right to "regulate" - well, what exactly can the government "regulate" based on your reading of the 2d Amendment? The concept that "well regulated" means "constrained" or "subject to rules" doesn't alter the second clause of the 2d Amendment. For instance, assuming your interpretation is correct, you could restate the 2d Amendment to read something like "a militia subject to government regulation being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed." The 2d Amendment would still bar the government from infringing on the right of "the people" to "keep and bear arms."
By the way, all of this is academic. Even under Scalia's interpretation of the 2d Amendment in Heller the government can pass any number of laws restricting the use and/or ownership of firearms. An assault weapon ban, universal background checks, licensing requirements, a national registration requirement, purchase waiting periods, all likely are constitutional. The only thing Heller prevents is a ban on private ownership of handguns for home defense.