In
Heller the court ruled there is a fundamental right to self-defense; and as the handgun is the most common form of self-defense chosen by Americans, its possession is Constitutionally protected.
My only question is based on this premise where is the line in terms of the regulation of weapons in the hands of the civilian population?
There are a number of cases working their way through the courts now addressing just that. It could be some 20 years or so before we have a comprehensive picture of what that would look like,
Heller being decided only in 2008.
I believe the Second codifies a fundamental right, and any law designed to regulate that right should be subject to strict scrutiny, the highest standard of review.
I believe the following to be un-Constitutional: restrictions on firearms due to cosmetic configuration, such as pistol grips, detachable magazines and/or capacity, waiting periods, restrictions on firearms purchased during a given time period, permits, licenses, registration requirements, training requirements, and any other regulation deemed overly burdensome to acquire or possess a firearm.
The issue for decades with regard to gun regulation has been a de facto presumption of guilt of gun owners that theres something wrong with someone who wises to buy or own a firearm, making excessive restrictions necessary.