Guns are still legal

The Second Amendment says, "I ain't goin' out like that."


Gee, I never knew the Constitution was a House of Pain fan.

I would encourage every American to read the D.C. v. Heller decision. The majority opinion doesn't contain a lot of legalese and is, for the most part, straightforward. The dissenting opinions are a little more tedious to review. The footnotes in both are worthwhile, as well.

If you're lazy, and I presume you are, here are the highlights:

• The 2nd Amendment codifies an individual right that pre-dates the Constitution and was enshrined in English law as early as the mid 17th century.
• The amendment does not create this right, rather it is a recognition of a right that exists for all free people.
  
• Storage and use of a commonly available firearm, such as a handgun, for the defense of self or property, especially within the home or place of business, is protected by the 2nd Amendment. This means that the D.C. rules dictating that firearms be rendered inoperable are unconstitutional.
  
• The militia is the body of the people fit to fight. It is not the creation of state or federal government, as is the US Army (the raising of which is a Congressional power enumerated in Article I), but a ever-present subset of the population that may be called upon at any time.
  
• The Founders believed that the best protection from abuse by a powerful government, internal rebellion, or foreign invasion is a general population that keeps arms in the home and knows how to use them.
• Congress and the state assemblies have some leeway to regulate firearms, analogous to legislation criminalizing yelling "fire" in a crowded theater. For example, sawed-offed shotguns can be prohibited per the 1939 Miller decision because they have no common use in the military/militia.