Originally posted by Terror
Federal Law can conflict with the Constitution just the same as a State Law. States are allowed to make laws as long as they do not conflict with Federal Law OR the US Constitution.
The Second Amendment says:
This does not say "Arms=small caliber rifles" nor does it say "arms != assault rifles". I would say any state law that says you cannot own a firearm (even of a specific type) is definitely in conflict with the US Constitution.
It also says "the right of the people". This means all law-abiding citizens, not just law enforcement or military people.
I think the only way for the government(State or Federal) to "Constitutionally" ban firearms from law-abiding citizens would be to amend the Constitution. Otherwise, the Second Amendment is pretty clear. You cannot infringe the RIGHT of law-abiding citizens to bear arms.
Terror
I see what your saying and agree with you. But unless the Feds
take issue with it, nothing will happen.
Secondly, one can argue by saying "here's your snub-nosed .38.. your all set"
Thirdly, I gather that your opinion is that the feds violated the constitution banning the assault weapons was unconstitutional.
No court took issue with that one (that I'm aware of anyways),
or if they did, it's obvious it wasn't found to be unconstitutional.
Btw, I'm pro-gun myself, so don't get me wrong. I personally feal that if ya wanna own a TANK you should have the right to do so. Im glad my state recently alllowed CCW. The only thing this adds to the pool is HONEST and LAW abiding people having guns..not more criminals (they had em anyways)