- May 2012
- Upper Bucks County, PA
Yet our government does exert control and influence over the possession and use of private citizen's personal arms.
So, the legal foundation for the legitimacy of many of those laws you mention has evaporated. There will soon be an avalanche of challenges to gun control laws working their way up through the federal courts and now that wishy-washy Kennedy is gone, the Supreme Court will be taking more appeals from the Circuits.
Take California for example. The Mulford Act was passed and signed by Gov. Ronald Reagan in 1967 with NRA support.
We will see in the next few years how all these laws (including California's) stand up to the Supreme Court's determinations on the right to arms. The Court has established protection criteria to decide if the possession and use of a firearm by a citizen is protected by the 2nd Amendment. The arm must be of a type that is part of the ordinary military equipment, of a type that is usual in civilized warfare and/or if its use could contribute to the common defense or simply, of a type in common use by the citizens. Heller clarified also that the 2nd Amendment's protection "extends . . . to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding".