I just realized something else from Heller.  You know who anti-gunners argue that the second amendment does not grant individual rights to arms, we they are right. 2nd does not grant anything, it recognizes that the right already exist, it only says that right shall not be infringed. I have to be reminded of this at times. Scalia: The very text of the Second Amendment implicitly recognizes the pre-existence of the right and declares only that it “shall not be infringed.” As we said in United States v. Cruikshank, 92 U. S. 542, 553 (1876) , “[t]his is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The Second amendment declares that it shall not be infringed … .”16