Why aren federal gun control laws unconstitutional?
The 2nd Amendment to the Constitution, simply says, “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” Given the meaning of the words “shall not be infringed”, why have those who advocate for an individual’s right to bear arms primarily limited their battle to the halls of Congress? Why haven’t gun laws more often been challenged as unconstitutional under the Second Amendment? Because the Supreme Court has ruled that the Second Amendment protects the rights of the well regulated militias of the states, not individual citizens, to keep and bear arms. And, when it comes to regulating the militias of the states, Article I, Section 8 of the Constitution gives that authority to — The United States Congress: to provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respective
