Here we go again with the "inherent rights" defection, and you are correct, Constitutions do define a Gov't, which is why the Founding Fathers attached the Bill of Rights to the Constitution, and as I said, no where in those rights does it say the Gov't can not regulate guns, or anything for that matter
The government cannot do ANYTHING unless it is authorized by it's constitution.
Nowhere in the Constitution is authorization given to regulate guns.
The 2nd amendment specifically PROHIBITS the federal and State government from regulating guns. States are bound by the 2nd amendment. They agreed to it when they joined the Union.
The 10th amendment specifically PROHIBITS the federal government from interfering with State's rights. The federal government is ONLY authorized with certain powers as listed specifically in the Constitution itself. It has NO OTHER powers or authorizations. Those powers and authorizations are listed in Article 1 of that same constitution.
The government has NO authority to regulate guns. It is violating it's own Constitution to try to do so.
Inherent rights are not a deflection (I assume that's what you mean). They are a core right. No government can take that away.
References:
2nd Amendment of the U.S. Constitution said:
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.
This amendment discusses two related rights; the right of a State to defend itself. It does this by forming a militia, made up of the people of that State, organized into a fighting force; and the right of the people to defend themselves, through the use of the weapon of their choice (arms). Neither right shall be infringed. No way. No how. Not one iota.
4th Amendment of the U.S. Constitution said:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
This amendment, also binding up on the States, prohibits the use or formation of gun registries. Whether I own a gun or not is my private affair. The government has NO say in it. The government cannot form such a registry, which can be used to seize a gun without due process). A gun is an 'effect'. I am a 'person'. My gun is in my 'house' or on my 'person'. A warrant MUST come from a judge, and only after probable cause of a crime. That's what 'probable cause' means. Owning and using the gun itself is not a crime, and can never be made a crime.
10th Amendment of the U.S. Constitution said:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
This amendment means that the federal government MUST limit itself to the powers and authorities given by the States, the owners of the Constitution of the United States. The States are each sovereign, with their own constitutions, which define and declare that State government and give it its powers and authorities. Those State constitutions are owned by the people of that State. They are the ones that created it, they are the only ones that can change it, just as the States are the only ones that can change the federal constitution.
The States agreed to the Constitution of the United States (as amended) when they joined the Union. Some parts are binding upon the States as a result, others are not. The 1st amendment, for example, applies ONLY to the federal government. It does not apply to the States. The Articles also apply only to the federal government, not the States, except where procedures are set up for States to elect Presidents and for changing the Constitution (through amendment or constitutional convention). The States, of course, could choose to destroy the Constitution, dissolving the federal government completely by doing so. This is not likely in anywhere the near future.
Nowhere in the Constitution is listed what type of weapon is an 'arm'. All weapons are allowed. Nowhere is a weapon described by type, brand name, style, or action. All types, brand names, styles, or actions are allowed. It doesn't matter if you want to own a nuclear bomb. You have that right. It's not a practical weapon for most any situation though, but you DO HAVE THAT RIGHT. As always, you are responsible for the storage and use of that weapon.
People DO own functioning tanks. They even have gatherings and clubs for them. Machine guns, large artillery, such as cannons or even trebuchets are legal. Land mines are legal. Bombs are legal. Mortars are legal. There are owners, and even clubs that exist for those weapons. I happen to belong to some of them. I happen to own about 40 mortars, for example, and I shoot them fairly regularly. I also make the explosives used in them myself. That's also legal.
Yes, I am responsible for the safe storage of those explosives, mortars, and other devices, including my guns. I am responsible for the use of them and any damage they might cause. Nothing absolves me of that. No insurance, no government law, no claim of ignorance, nothing.
If my magazine of explosives blows up, it destroys my shed. No big deal. No one else is affected. I just need to build a new shed and install a new magazine in it. The explosives are locked, using locks and hinges protected by thick steel so they can't be sawed off. They are in a locked shed. I do not allow anyone near that shed without specific authorization by me. The shed is clearly marked on what is in it. Only specific people can enter that shed and everything is logged. That log is evidence in court.
Why explosives? For entertainment purposes, of course!
