Originally Posted by lawyerdad
Well, sure. But you brought up the hypothetical. I'm just pointing out that if we're discussing dead ends, that's not actually helpful for private gun ownership advocates. At best, it pushes regulation to the state level and authorizes much more restrictive gun control legislation (at the state or local level) than is currently the norm.
The people pushing the state's rights view argued that the right to bear arms no longer existed. They (or at least some of "they") equated the national guard to the state militia, and said, "well, the national guard is federalized, so sorry, we can now take your guns. Plus its 2000, and we are modern."
So the state's rights view was used as the camel's nose for the gun banners.
There are a lot of stupid Second Amendment opinions out there. Including by Burger. John Paul Steven's opinion in Heller, his last, was a disaster. Scalia properly ridiculed him for his pick and choose buffet approach to the Constitution. (my words, not Scalia's)