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Old January 21, 2013, 01:55 AM   #12
maestro pistolero
Senior Member
Join Date: August 16, 2007
Posts: 2,150
No constitutional right is different from state to state
Not strictly true. Not every right in the bill of rights has been incorporated since the 14th amendment was thrown under the bus. The right to a grand jury trial immediately comes to mind.

In any case, the Supreme Court has ruled that an indivavidual has a constitutional right to bear arms; they just haven't said what arms.
They actually did. They said the type of arms that are in common use for lawful purposes at the time. In another passage, anything that constitutes a bearable arm is what is protected.

From Heller:
Just as the First Amendment protects modern forms of communications, e.g., Reno v. American Civil Liberties Union, 521 U. S. 844, 849 (1997), and the Fourth Amendment applies to modernforms of search, e.g., Kyllo v. United States, 533 U. S. 27, 35–36 (2001), the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.
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