There is nothing in the history, text, or case law of the Second Amendment that codifies insurrectionist dogma; the Second Amendment does not ‘authorize’ private citizens to take up arms against a lawfully elected government predicated on the subjective, incorrect, and wrongheaded notion that the government has become ‘tyrannical’:
‘Justice Scalia, writing in
Heller, acknowledged that modern circumstances had severed the substantive protections of the Second Amendment from their original militia purpose, and by modern circumstances, he meant
the preposterousness of insurrectionism. He said that "our standing army is the pride of our Nation" and stated (earlier in the opinion) that "it may be true that no amount of small arms could be useful against modern-day bombers and tanks."’
By Mike Dorf As I reported here , a few months ago I debated gun rights advocate Alan Gura about the future of gun regulation in the U.S....
www.dorfonlaw.org
The Second Amendment codifies an individual right to possess a firearm pursuant to lawful self-defense – not to ‘deter crime,’ not to act in the capacity of law enforcement, and not to ‘overthrow’ the Federal government.