If there was no such thing as the 2nd Amendment and you were tasked with drafting gun control laws, how would you go about it? Would you start from the premise that all individuals are entitled to own/use/possess any firearm and then work towards reasonable restrictions? Or would you start from the premise that no private individual is permitted to own/use/possess firearms and then work towards reasonable restrictions?
The USA is founded on the principle of conferred power; all power resides in the people and the government may exercise only that limited amount of power the people grant to government (via the Constitution).
Since no power was
ever granted to government to impact the private arms of the citizen none exists.
My right to arms is not granted, given, established or otherwise created by the 2nd Amendment . . . That means the 2nd Amendment has only
one action; to redundantly forbid the federal government to exercise powers it does not possess.
So, to answer your question . . . Americans start from the premise that
any law impacting their right to be armed is invalid, illegitimate and unconstitutional. The government must prove that a law impacting the citizen's right to arms answers a pressing need that can not be met through any other means.
The Supreme Court has spoken on such laws very little and that "ambiguity" (not really but I'll give the anti's a little wiggle room) has left a blank slate upon which the
lower federal courts have scribbled all over. Americans concerned with the gun rights issue are waiting for the Supreme Court to issue its decision in
DC v Heller; the first in depth examination of the 2nd ever undertaken by SCOTUS.
The decision could be rendered on Monday.
I can barely contain my excitement.