Yes, congress should claw back the overreach by voiding all state or local laws regarding the 2nd amendment. I won’t hold my breadth on that one.
"Yes, congress should claw back the overreach by voiding all state or local laws regarding the 2nd amendment."
Not only does 2A show that the states have the power to train their own militias, but the Constitution's 4.4 from previous post also shows that its drafters had ordered the untrusted federal government to STAND DOWN to domestic violence unless a state formally requests federal assistance in helping to stop such violence.
"Article IV, Section 4: The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence [emphasis added]."
So there's no way that Congress can legislatively void constitutionally protected state laws dealing with state militia and state violence imo.
And speaking of 4.4's domestic violence clause, note that the congressional record also shows that Rep. John Bingham, the main author of Section 1 of 14A mentioned in previous post, had also noted that, until 14A was ratified, the states had never expressly constitutionally given the distrusted peacetime federal government the specific power to make penal code, not even for murder!
"Our Constitution never conferred upon the Congress of the United States the power - sacred as life is, first as it is before all other rights which pertain to man on this side of the grave - to protect it in time of peace by the terrors of the penal code within organized states; and Congress has never attempted to do it. There never was a law upon the United States statute-book to punish the murderer for taking away in time of peace the life of the noblest, and the most unoffending, as well, of your citizens, within the limits of any State of the Union [emphases added]. The protection of the citizen in that respect was left to the respective States, and there the power is to-day.” —Rep. John Bingham, Congressional Globe. (See bottom half of third column.)
The above excerpt about Bingham gets us back to Sections 1 and 5 of 14A, which indicate that Congress now has the 14A power to make peacetime gun laws. (Oh-noes!)
H O W E V E R ...
The irony of Congress's power to make gun laws is that such laws are limited by 14A to STRENGTHENING constitutionally enumerated rights from abridgment by states like renegade California is now doing imo.
In fact, the Supreme Court had acknowledged Congress's 14A duty to strengthen constitutionally enumerated protections in Minor v. Happersett, Congress now wrongly ignoring its duty to strengthen 2A protections from abridgment by California and other states.
Excerpted from Minor v. Happersett:
“3. The right of suffrage was not necessarily one of the privileges or immunities of citizenship before the adoption of the Fourteenth Amendment, and that amendment does not add to these privileges and immunities. It simply furnishes additional guaranty for the protection of such as the citizen already had [emphasis added].” —Minor v. Happersett, 1874.
So why do we now have unconstitutional (imo), peacetime restrictive federal gun laws?
Consider that federal restrictive gun laws started appearing in the books during the administration of infamously Constitution-ignoring FDR.
Franklin Roosevelt: The Father of Gun Control
In fact, note that major peacetime restrictive federal gun laws got started in the 1900s under FDR, not in the 17 or 1800s.
Major federal gun laws (Non-FR)