The fact is,” wrote Mr. Metcalf, who has taught history at Cornell and Yale, “all constitutional rights are regulated, always have been, and need to be.
True.
As the
Heller Court reaffirmed:
Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues. The CourtÂ’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.
Although our rights are inalienable they are not absolute, and are subject to reasonable restrictions by government, including the rights enshrined in the Second Amendment – to argue otherwise is ignorant idiocy.
Consequently, the question is not whether Second Amendment rights might be subject to restrictions – as clearly they may – but which restrictions are appropriate and which are not.
And that determination is made in the same manner as other Constitutional rights: is there a rational basis for the restriction, is the restriction predicated on objective, documented facts and evidence, and does the restriction pursue a legitimate legislative end.