Gun Rights

 Article I, Section 8 of the Constitution

“The Congress shall have power ...:

To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;

To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;”

Amendment II

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

There is no language in the Second Amendment that repeals any or all of Article I, Section 8 of the constitution. Furthermore, Article II Section 2 of  the Constitution states that the President is the Commander in Chief "of the militia of the several states."  What this means is that a “well regulated militia” is one that is under the regulation and control of congress and the President. Contrary to the lies of the NRA, a “well regulation militia” as provided for by the constitution is not Billy Bob and his beer drinking buddies playing with assault rifles and babbling about the imagined threats of government tyranny. Indeed, Article I Section 8 specifically says that “congress” has the power to provide for the use of the militia to “execute the laws of the union, suppress insurrections and repel invasions[!]”  

If I were to hazard a guess as to the reason behind the Second Amendment, I would say it was a sop to people on the frontier who joined the rebellion against Britain because Britain was trying to adhere to its treaties with indigenous people. In other words, it was a wink and nod indicating that settlers could form militias to fend off attacks from Indians who were trying to defend their lands from encroachments by the white settlers. This muddies the water a bit, but regardless of the reason for the Second Amendment, that amendment does not change the definition of a well regulated militia, nor does it reduce in any way the power of congress to form or regulate militias.