@Setanta,
Setanta wrote:The majority opinion in Heller asserted a right to keep and bear arms for purposes of self-defense in the home is implicit in the second amendment. There is no mention of self-defense in the home by individuals in the second amendment. That is clearly a case of conservative legislation from the bench.
The Second Amendment does not define the right that it protects. It merely protects a preexisting right from infringement.
English Common Law gave people the right to carry guns suitable for self defense, both at home and when they went about in public, so that is clearly protected by the Constitution. If it doesn't emanate from the penumbra of the Second Amendment, then it's covered by the Ninth Amendment.
The main problem with the Heller Ruling is that they pretended that "guns for self defense" were the sum total of the right, rather than one facet of a multifaceted right. That undercuts the possibility of us ever having state militia with much heavier military weapons like bazookas and machine guns.