THAT'S your argument? For well over 200 years the second amendment hasn't applied to the states and you're calling that "a legal fiction"?
Who, pray tell, is maintaining this legal fiction? Some secret club? The Masons? The Council on Foreign Relations? The Skull and Bones Society?
We've had Republican and Democrat Presidents, Republican-controlled and Democrat-controlled Congresses, conservative and liberal courts -- and for 200 years they all agreed to maintain this legal fiction that the second amendment only applies to the federal government?
You are out of your mind.
Actually, it has. As Nunn prove. And Emerson. And Parker. And dozens of State cases that never even made it to the Federal level to BE over turned.
The only times it has stood up to judicial scrutiny is when some liberal activist judge tries to misapply a judicial power not actually found in the Constitution. One, btw, you have spent thousands of posts defending.
200 years they all agreed to maintain this legal fiction that the second amendment only applies to the federal government?
Actually, that view wasn't used until quite recently. It doesn't appear anywhere until Silviera V Lockyer.