"I believe Mason knew that under the US Constitution, a federal judge would be able to overturn a state law that in the judge's opinion, violated the 2nd Amendment."
I know Mason felt the Bill of Rights was too weak..."I have received much satisfaction from amendments to the federal Constitution that have lately passed . . . with two or three further amendments . . . I could cheerfully put my hand and heart to the new government." ... but I don't know of him ever saying that it had actually invreased the federal government's powers over the states/people.
I believe the author of the widely copied Virginia Declaration of Rights, though near death, would have been extremely angry and vocal if he thought it had!
"It is logical to treat the Bill of Rights as binding or not [edited to show assumed meaning] on the states"
It is logical to treat the Bill of Rights as binding (or not) [edited to show intended meaning] on the states...
Texturally one may logically argue for either view depending on which clauses one wishes to emphasize. It's useful to examine the Constitution texturally, some times it's neccessary as obviously not all possibilities could be considered by the Founders. But when one ends up with a view opposite to that expressed by it's authors and ratifiers one's analysis is deficient.
Virginia, had some restrictions on bearing arms. I don't think that anyone but slaves were forbidden them without some sort of process of law.
Mason did not include RKBA in his draft Declaration of Rights, a militia clause was added to it in committee but I don't know if that was his effort or one of the other members.
I doubt if he did. Again, I do NOT contend that the Bill of Rights increased the Federal Government's powers over the States/People. It increased the Federal and State COURT's (not Congress') power over the States (but not the people, since the BOR restrained governments, not people). Until the 14th Amendment came, Congress was rightly unable to legislate and meddle with State due process, in spite of the Supremacy clause or the Bill of Rights. It has been the 14th Amendment section 5 and the black (Hugo, that is) death on wheels incoproration doctrine that has truly caused the Bill of Rights to "increase the federal government's powers over the states."
The Supremacy clause, not the BOR, is what Mason and I say "increased the federal government's powers over the states/people".
If VA had some restrictions on RKBA, they probably would have been construed by any federal court of that day to be in keeping with the 2nd Amdnement.