ARTICLE II.
Right To bear Arms.
Section 1.
Right not to be denied to people.

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.

The right to bear arms is not herein granted, but only protected from infringement.1 This provision is restrictive only of the powers of the Federal Government;2 it does not prevent the regulation of the subject by States, as the passage of a law to prevent carrying concealed weapons,3 or for prescribing punishment for an assault with dangerous weapons;4 but a statute prohibiting the bearing of arms openly is unconstitutional.5 This clause is based upon the idea that the people cannot be oppressed or enslaved who are not first disarmed.6

1 U. S. v. Cruikshank, 92 U. S. 556; 1 Woods, 308.

2 U. S. v. Cruikshank, 92 U. S. 542; 1 Woods, 308; North Carolina v. Newsom, 5 Ired. 250; Andrews v. State, 3 Helsk. 165; Fife v. State, 31 Ark. 455.

3 State v. Buzzard, 4 Ark. 18; Nunn v. State, 1 Ga. 243; Louisiana v. Chandler, 5 La. An. 489; Louisiana v. Smith, 11 Ibid. 633; Louisiana v. Jumell, 13 Ibid. 399; English v. Texas, 35 Tex. 473: Comm. v. McNulty, 8 Phila. 610; Bliss v. Comm. 2 Litt. 90; Wright v. Comm. 77 Pa. St. 470. And see State v. Reid, 1 Ala. 612; State v. Mitchell, 3 Blackf. 229; Cochran v. State, 24 Tex. 394.

4 Cockrum v. State, 24 Tex. 384; New York v. Miln, 11 Peters, 139..

5 Nunn v. State, 1 Ga. 243.

6 Cockrum v. State, 24 Tex. 401.

The Federal Government is prohibited from making any law at all regarding gun ownership in the 50 states of the Union.  If they are "prohibited" from making any law, then Federal gun laws are NOT the law of the land as they are not in pursuance of the Constitution and, in fact, are diametrically opposed to it's mandate on the matter.  “No legislative act … contrary to the Constitution can be valid. To deny this would be to affirm that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid. – Alexander Hamilton, Federalist 78

Whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force."
-- Thomas Jefferson, Draft
Kentucky Resolutions, 1798. The Writings of Thomas Jefferson, (Memorial Edition) Lipscomb and Bergh, editors, ME 17:380

Given that the above is from the 1881 guide to the "The Constitution of the United States By United States" and it states in clear Precise English that the Second Amendment is a "restriction " on the Federal Government, but "States" may make laws regarding "Concealed Carry" and " Use of arms in a crime", BUT ANY  statute prohibiting the bearing of arms openly is unconstitutional, how is it possible that the "legal community" is calling the Heller and McDonald Cases  "Landmark" (first of its kind) decisions?  This issue was settled when the Bill of Rights was inserted.

   

Now, sir, here is a mass of privileges, immunities, and rights, some of them secured by
the second section of the fourth article of the Constitution, which I have recited, some by the first
eight amendments of the Constitution; and it is a fact well worthy of attention that the course of
decision of our courts and the present settled doctrine is, that all these immunities, privileges,
rights, thus guarantied by the Constitution or recognized by it, are secured to the citizen solely as
a citizen of the United States and as a party in their courts.

As I have already remarked, section one is a restriction upon the States, and does not, of
itself, confer any power upon Congress.
The power which Congress has, under this amendment,
is derived, not from that section, but from the fifth section, which gives it authority to pass laws
which are appropriate to the attainment of the great object of the amendment. Look upon the
first section, taken in connection with the fifth, as very important. It will, if adopted by the
States, forever disable every one of them from passing laws trenching upon those fundamental
rights and privileges which pertain to citizens of the United States, and to all persons who may
happen to be within their jurisdiction.
It establishes equality before the law, and it gives to the
humblest, the poorest, the most despised of the race the same rights and the same protection
before the law as it gives to the most powerful, the most wealthy, or the most haughty. That, sir,
is republican government, as I understand it, and the only one which can claim the praise of a
just Government. Without this principle of equal justice to all men and equal protection under
the shield of the law, there is no republican government and none that is really worth
maintaining.

http://www.yale.edu/lawweb/jbalkin/conlaw/senatorhowardspeechonthefourteenthamendment.pdf

"Keep" means own, possess, hold.

"Bear" means to have at hand, on your body or within your reach.

Bearer. One who bears or carries a thing.

Right:  "A basic or foundational right, derived from natural law; a right deemed by the Supreme Court to receive the highest level of Constitutional protection against government interference."

Infringed: "An encroachment, as of a right or privilege."

Infringe upon: "to break in on; encroach or trespass on"

Intent in the words of the founders  and people of the time.

Tench Coxe (remarks on amendments to the Constitution) - "Whereas civil-rulers, not having their duty to the people duly before them, may attempt to tyrannize, and as military forces, which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms."

Thomas McIntyre Cooley  

In the 74 years of his life, Michigan Supreme Court Justice Thomas M. Cooley compiled the most distinguished legal record of any man whose name has been associated with the jurisprudence of Michigan.

The general principles of constitutional law in the United States of America  

1898

 By the Second Amendment to the Constitution it is declared that "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."

The amendment, like most other provisions in the Constitution, has a history. It was adopted with some modification and enlargement from the English Bill of Rights of 1688, where it stood as a protest against arbitrary action of the overturned dynasty in disarming the people, and as a pledge of the new rulers that this tyrannical action should cease. The right declared was meant to be a strong moral check against the usurpation and arbitrary power of rulers, and as a necessary and efficient means of regaining rights when temporarily overturned by usurpation.

The Right is General. — It may be supposed from the phraseology of this provision that the right to keep and bear arms was only guaranteed to the militia; but this would be an interpretation not warranted by the intent. The militia, as has been elsewhere explained, consists of those persons who, under the law, are liable to the performance of military duty, and are officered and enrolled for service when called upon. But the law may make provision for the enrolment of all who are fit to perform military duty, or of a small number only, or it may wholly omit to make any provision at all; and if the right were limited to those enrolled, the purpose of this guaranty might be defeated altogether by the action or neglect to act of the government it was meant to hold in check. The meaning of the provision undoubtedly is, that the people, from whom the militia must be taken, shall have the right to keep and bear arms, and they need no permission or regulation of law for the purpose. But this enables the government to have a well regulated militia; for to bear arms implies something more than the mere keeping; it implies the learning to handle and use them in a way that makes those who keep them ready for their efficient use; in other words, it implies the right to meet for voluntary discipline in arms, observing in doing so the laws of public order.
Standing Army. — A further purpose of this amendment is, to preclude any necessity or reasonable excuse for keeping up a standing army. A standing army is condemned by the traditions and sentiments of the people, as being as dangerous to the liberties of the people as the general preparation of the people for the defence of their institutions with arms is preservative of them.
What Arms may be kept. — The arms intended by the Constitution are such as are suitable for the general defence of the community against invasion or oppression, and the secret carrying of those suited merely to deadly individual encounters may be prohibited. 

 There is no way the American public will sit still for the banning of or putting any significant restrictions on the kinds of guns they want.
James Q. Wilson (Founding Father)

 

“Timothy Cunningham’s important 1771 legal dictionary defined “arms” as “any thing that a man wears for his defence, or takes into his hands, or useth in wrath to cast at or strike another.” - 1 A New and Complete Law Dictionary (1771);”

A copy of Cunningham’s law dictionary was owned by John Adams and has been scanned into the archives here:

Vol. 1:

http://www.archive.org/download/newcompletelawdi01cunn/newcompletelawdi01cunn.pdf

Vol. 2:

http://www.archive.org/download/newcompletelawdi01cunn/newcompletelawdi02cunn.pdf

Indiana Constitutional Convention debates is very clear and plain on what the right to bear arms means.

Page 188

Sec. 12. No law shall restrict the right of the people to bear arms, whether in defence of themselves or of the state.

Page 574

2nd reading:

The 12th section of No. 20 was taken up and read a second time, when,

Mr. Newman moved to amend by striking out the entire section, and inserting the following:
"The people shall have the right to bear arms for the defense of themselves and of the State."

Mr. Milroy moved to perfect the original section by inserting after the word "people" in the first line,
 the word 'openly," and striking out all after the word "arms."

Which was decided in the negative.


Mr. Shoup moved to amend as follows:
"Insert after the word 'arms' in said section, 'in an open and unconcealed manner.'"
Which was decided in the negative.


The question being on the adoption of the amendment proposed by Mr. Newman,
It was decided in the negative.

Page 580

The 12th section of No. 20 was taken up and read a third time,
when,
Mr. Milroy moved  to recommit said section with instructions to strike out the section and report the following:

Section 12. No law shall be passed restricting the right of the people to carry visible arms.

Which was decided in the negative.
Mr. Niles moved to recommit the said  section with instructions to strike out the entire section, and insert the following:

Sec.12 That the People have a right to bear arms for the defense of themselves and the State.

Which was decided in the affirmative.

So the progression was:

 No law shall restrict the right of the people to bear arms, whether in defence of themselves of of the state.

The people shall have the right to bear arms for the defense of themselves and of the State.

The people shall have the right to openly bear arms.

The people shall have the right to bear arms in an open and unconcealed manner.

No law shall be passed restricting the right of the people to carry visible arms.

That the People have a right to bear arms for the defense of themselves and the State

Indiana legislators do not possess the authority to pass 'laws' for open OR Concealed carry unless it is being used to commit a crime.   Possession in and of itself can not be made a crime or regulated. 

 The U.S. Constitution  reaffirms this as follows:

2nd amendment.  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.

And

Congress shall have the power:


Art. 1:8:12  To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

Art. 1:8:15 To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

Art. 1:8:16 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;

 

The 2nd amendment is a restriction on CONGRESS denying them the ability to make ANY law applicable within the 50 states of the Union regarding guns PERIOD. 

Militias are domestic institutions as they are created BY the State Constitutions.  There exists NO Federal Militia beyond that part of the state militia that may be called to active duty.

Congress is granted the power to call FORTH the militias of the states for specific reasons and Art. 1:8:16 displays that in fact the 'militias' are domestic to the state as it leaves Authority to train with the states.

 

So properly read together, the Constitution says,  'Congress can make no law whatsoever regarding the ownership of any gun whatsoever.  The militias (50) of them, are domestic to the states and solely under state authority, except such part as is 'called forth' to active service.  Congress has the power to call them up in exercise of its power 'to raise and support 'armies' (50 of them).  The states can not limit the ownership of guns in anyway, because to do so would deny Congress their granted POWER to 'call forth the militia'. 

Thus, again as Mr. Cooley stated, supra, the states MAY prohibit 'concealed carry' if their respective state constitution allows it, but they may put NO RESTRICTIONS on the peaceful carry of ANY 'arms' you wish to carry openly. 

State Constitutional Right to Keep and Bear Arms Provisions

 

Now available in published form at State Constitutional Rights to Keep and Bear Arms, 11 Texas Rev. of Law & Politics 191 (2006).

 

 

Alabama:  That every citizen has a right to bear arms in defense of himself and the state.  Art. I, § 26 (enacted 1819, art. I, § 23, with "defence" in place of "defense," spelling changed 1901).

[Self-defense right explicitly protected.]

Alaska:  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.  The individual right to keep and bear arms shall not be denied or infringed by the State or a political subdivision of the State.  Art. I, § 19 (first sentence enacted 1959, second sentence added 1994).

[Individual right explicitly protected; provision enacted in 1994, when the individual right to bear arms was generally understood as aimed at protecting self-defense.]

Arizona:  The right of the individual citizen to bear arms in defense of himself or the State shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain, or employ an armed body of men.  Art. II, § 26 (enacted 1912).

[Self-defense right explicitly protected.]

Arkansas:  The citizens of this State shall have the right to keep and bear arms for their common defense.  Art. II, § 5 (enacted 1868, art. I, § 5).
      1836:  "That the free white men of this State shall have a right to keep and to bear arms for their common defence."  Art. II, § 21.

[Self-defense right protected, Arkansas Game and Fish Com'n v. Murders, 327 Ark. 426 (1997); Wilson v. State, 33 Ark. 557 (1878).]

California:  No provision.

Colorado:  The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons.  Art. II, § 13 (enacted 1876, art. II, § 13).

[Self-defense right explicitly protected.]

Connecticut:  Every citizen has a right to bear arms in defense of himself and the state.  Art. I, § 15 (enacted 1818, art. I, § 17).  The original 1818 text came from the Mississippi Constitution of 1817.

[Self-defense right explicitly protected.]

Delaware:  A person has the right to keep and bear arms for the defense of self, family, home and State, and for hunting and recreational use.  Art. I, § 20 (enacted 1987).

[Self-defense right explicitly protected.]

Florida:  (a) The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law.
      (b) There shall be a mandatory period of three days, excluding weekends and legal holidays, between the purchase and delivery at retail of any handgun.  For the purposes of this section, "purchase" means the transfer of money or other valuable consideration to the retailer, and "handgun" means a firearm capable of being carried and used by one hand, such as a pistol or revolver.  Holders of a concealed weapon permit as prescribed in Florida law shall not be subject to the provisions of this paragraph.
      (c) The legislature shall enact legislation implementing subsection (b) of this section, effective no later than December 31, 1991, which shall provide that anyone violating the provisions of subsection (b) shall be guilty of a felony.
      (d) This restriction shall not apply to a trade in of another handgun.
  Art. I, § 8 (sections (b)-(d) added in 1990).
      1838:  "That the free white men of this State shall have a right to keep and to bear arms for their common defence."  Art. I, § 21.
      1865:  Clause omitted.
      1868:  "The people shall have the right to bear arms in defence of themselves and of the lawful authority of the State."  Art. I, § 22.
      1885:  "The right of the people to bear arms in defence of themselves and the lawful authority of the State, shall not be infringed, but the Legislature may prescribe the manner in which they may be borne."  Art. I, § 20.
      1968:  "The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law."  Art. I, § 8.

[Self-defense right protected, Alexander v. State, 450 So.2d 1212 (Fla. App. 1984).]

Georgia:  The right of the people to keep and bear arms shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne.  Art. I, § 1, ¶ VIII (enacted 1877, art. I, § XXII).
      1865:  "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."  Art. I, § 4.
      1868:  "A well-regulated militia being necessary to the security of a free people, the right of the people to keep and bear arms shall not be infringed; but the general assembly shall have power to prescribe by law the manner in which arms may be borne."  Art. I, § 14.

[Self-defense right protected, McCoy v. State, 157 Ga. 767 (1924).]

Hawaii:  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.  Art. I, § 17 (enacted 1959).

[No decision about whether self-defense right right is protected.]

Idaho:  The people have the right to keep and bear arms, which right shall not be abridged; but this provision shall not prevent the passage of laws to govern the carrying of weapons concealed on the person nor prevent passage of legislation providing minimum sentences for crimes committed while in possession of a firearm, nor prevent the passage of legislation providing penalties for the possession of firearms by a convicted felon, nor prevent the passage of any legislation punishing the use of a firearm.  No law shall impose licensure, registration or special taxation on the ownership or possession of firearms or ammunition.  Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony.  Art. I, § 11 (enacted 1978).
      1889:  "The people have the right to bear arms for their security and defense; but the Legislature shall regulate the exercise of this right by law."  Art. I, § 11.

[Self-defense right protected, In re Brickey, 70 P. 609 (Idaho 1902).]

Illinois:  Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed.  Art. I, § 22 (enacted 1970).

[Self-defense right protected, Kalodimos v. Village of Morton Grove, 470 N.E.2d 266, 273 (Ill. 1984).]

Indiana:  The people shall have a right to bear arms, for the defense of themselves and the State.  Art. I, § 32 (enacted 1851, art. I, § 32).
      1816:  That the people have a right to bear arms for the defense of themselves and the State, and that the military shall be kept in strict subordination to the civil power.  Art. I, § 20.

 [Self-defense right protected, Kellogg v. City of Gary, 562 N.E.2d 685, 694 (Ind. 1990).]

Iowa:  No provision.

Kansas:  The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be tolerated, and the military shall be in strict subordination to the civil power.  Bill of Rights, § 4 (enacted 1859, art. I, § 4).

[Interpreted as collective right only, City of Salina v. Blaksley, 83 P. 619 (Kan. 1905), adhered to by City of Junction City v. Lee, 532 P.2d 1292 (Kan. 1975).  But see City of Junction City v. Mevis, 601 P.2d 1145, 1151 (Kan. 1979) (striking down a gun control law, challenged by an individual citizen, on the grounds that it was “unconstitutionally overbroad,” and thus implicitly concluding that the right to bear arms did indeed belong to individual citizens).]

Kentucky:  All men are, by nature, free and equal, and have certain inherent and inalienable rights, among which may be reckoned: ...
      Seventh:  The right to bear arms in defense of themselves and of the State, subject to the power of the General Assembly to enact laws to prevent persons from carrying concealed weapons.
  § 1 (enacted 1891).
      1792:  "That the right of the citizens to bear arms in defense of themselves and the State shall not be questioned."  Art. XII, § 23.
      1799:  "That the rights of the citizens to bear arms in defense of themselves and the State shall not be questioned."  Art. X, § 23.
      1850:  "That the rights of the citizens to bear arms in defense of themselves and the State shall not be questioned; but the General Assembly may pass laws to prevent persons from carrying concealed arms."  Art. XIII, § 25.

Louisiana:  The right of each citizen to keep and bear arms shall not be abridged, but this provision shall not prevent the passage of laws to prohibit the carrying of weapons concealed on the person.  Art. I, § 11 (enacted 1974).
      1879:  "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 abridged.  This shall not prevent the passage of laws to punish those who carry weapons concealed."  Art. 3.

[Self-defense right protected, State v. Chaisson, 457 So.2d 1257, 1259 (La. App. 1984).]

Maine:  Every citizen has a right to keep and bear arms and this right shall never be questioned.  Art. I, § 16 (enacted 1987, after a collective-rights interpretation of the original provision).
      1819:  "Every citizen has a right to keep and bear arms for the common defence; and this right shall never be questioned."  Art. I, § 16.

[Self-defense right protected, State v. Brown, 571 A.2d 816 (Me. 1990).]

Maryland:  No provision.

Massachusetts:  The people have a right to keep and to bear arms for the common defence.  And as, in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the legislature; and the military power shall always be held in an exact subordination to the civil authority, and be governed by it.  Pt. 1, art. 17 (enacted 1780).

Michigan:  Every person has a right to keep and bear arms for the defense of himself and the state.  Art. I, § 6 (enacted 1963).
      1835:  "Every person has a right to bear arms for the defence of himself and the State."  Art. I, § 13.
      1850:  "Every person has a right to bear arms for the defense of himself and the state."  Art. XVIII, § 7.

[Self-defense right explicitly protected.]

Minnesota:  No provision.

Mississippi:  The right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the legislature may regulate or forbid carrying concealed weapons.  Art. III, § 12 (enacted 1890, art. 3, § 12).
      1817:  "Every citizen has a right to bear arms, in defence of himself and the State."  Art. I, § 23.
      1832:  "Every citizen has a right to bear arms in defence of himself and of the State."  Art. I, § 23.
      1868:  "All persons shall have a right to keep and bear arms for their defence."  Art. I, § 15.

[Self-defense right explicitly protected.]

Missouri:  That the right of every citizen to keep and bear arms in defense of his home, person and property, or when lawfully summoned in aid of the civil power, shall not be questioned; but this shall not justify the wearing of concealed weapons.  Art. I, § 23 (enacted 1945).
      1820:  "That the people have the right peaceably to assemble for their common good, and to apply to those vested with the powers of government for redress of grievances by petition or remonstrance; and that their right to bear arms in defence of themselves and of the State cannot be questioned."  Art. XIII, § 3.
      1865:  Same as above, but with "the lawful authority of the State" instead of "the State."  Art. I, § 8.
      1875:  "That the right of no citizen to keep and bear arms in defense of his home, person and property, or in aid of the civil power, when thereto legally summoned, shall be called into question; but nothing herein contained is intended to justify the practice of wearing concealed weapons."  Art. II, § 17.

[Self-defense right explicitly protected.]

Montana:  The right of any person to keep or bear arms in defense of his own home, person, and property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but nothing herein contained shall be held to permit the carrying of concealed weapons.  Art. II, § 12 (enacted 1889).

[Self-defense right explicitly protected.]

Nebraska:  All persons are by nature free and independent, and have certain inherent and inalienable rights; among these are life, liberty, the pursuit of happiness, and the right to keep and bear arms for security or defense of self, family, home, and others, and for lawful common defense, hunting, recreational use, and all other lawful purposes, and such rights shall not be denied or infringed by the state or any subdivision thereof.  Art. I, § 1 (right to keep and bear arms enacted 1988).

[Self-defense right explicitly protected.]

Nevada:  Every citizen has the right to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes.  Art. I, § 11(1) (enacted 1982).

[Self-defense right explicitly protected.]

New Hampshire:  All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state.  Pt. 1, art. 2-a (enacted 1982).

[Self-defense right explicitly protected.]

New Jersey:  No provision.

New Mexico:  No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons.  No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms.  Art. II, § 6 (first sentence enacted in 1971, second sentence added 1986).
      1912:  "The people have the right to bear arms for their security and defense, but nothing herein shall be held to permit the carrying of concealed weapons."  Art. II, § 6.

[Self-defense right explicitly protected.]

New York:  No provision.

North Carolina:  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; and, as standing armies in time of peace are dangerous to liberty, they shall not be maintained, and the military shall be kept under strict subordination to, and governed by, the civil power.  Nothing herein shall justify the practice of carrying concealed weapons, or prevent the General Assembly from enacting penal statutes against that practice.  Art. 1, § 30 (enacted 1971).
      1776:  "That the people have a right to bear arms, for the defence of the State; and, as standing armies, in time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power."  Bill of Rights, § XVII.
      1868:  "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; and, as standing armies, in time of peace, are dangerous to liberty, they ought not to be kept up, and the military should be kept under strict subordination to, and governed by, the civil power."  Art. I, § 24.
      1875:  Same as 1868, but added "Nothing herein contained shall justify the practice of carrying concealed weapons, or prevent the Legislature from enacting penal statutes against said practice."

[Self-defense right protected, State v. Kerner. 107 S.E. 222, 225 (N.C. 1921).]

North Dakota:  All individuals are by nature equally free and independent and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing and protecting property and reputation; pursuing and obtaining safety and happiness; and to keep and bear arms for the defense of their person, family, property, and the state, and for lawful hunting, recreational, and other lawful purposes, which shall not be infringed.  Art. I, § 1 (right to keep and bear arms enacted 1984).

[Self-defense right explicitly protected.]

 Ohio:  The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power.  Art. I, § 4 (enacted 1851).
      1802:  "That the people have a right to bear arms for the defence of themselves and the State; and as standing armies, in time of peace, are dangerous to liberty, they shall not be kept up, and that the military shall be kept under strict subordination to the civil power."  Art. VIII, § 20.

[Self-defense right protected, Arnold v. Cleveland, 616 N.E.2d 163, 169 (Ohio 1993).]

Oklahoma:  The right of a citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power, when thereunto legally summoned, shall never be prohibited; but nothing herein contained shall prevent the Legislature from regulating the carrying of weapons.  Art. II, § 26 (enacted 1907).

[Self-defense right explicitly protected.]

Oregon:  The people shall have the right to bear arms for the defence of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.]  Art. I, § 27 (enacted 1857, art. I, § 28).

[Self-defense right protected, State v. Hirsch, 114 P.3d 1104, 1110 (Ore. 2005).]

Pennsylvania:  The right of the citizens to bear arms in defence of themselves and the State shall not be questioned.  Art. 1, § 21 (enacted 1790, art. IX, § 21).
      1776:  That the people have a right to bear arms for the defence of themselves and the state; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up; And that the military should be kept under strict subordination, to, and governed by, the civil power.  Declaration of Rights, cl. XIII.

[Self-defense right protected, Sayres v. Commonwealth, 88 Pa. 291 (1879).]

Rhode Island:  The right of the people to keep and bear arms shall not be infringed.  Art. I, § 22 (enacted 1842).

[Self-defense right protected, Mosby v. Devine, 851 A.2d 1031, 1043 (R.I. 2004).]

South Carolina:  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.  As, in times of peace, armies are dangerous to liberty, they shall not be maintained without the consent of the General Assembly.  The military power of the State shall always be held in subordination to the civil authority and be governed by it.  Art. 1, § 20 (enacted 1895).
      1868:  "The people have a right to keep and bear arms for the common defence.  As, in times of peace . . . ."  Art. I, § 28.

[Right treated as an individual right, apparently aimed at least partly at self-defense, State v. Johnson, 16 S.C. 187 (1881);

South Dakota:  The right of the citizens to bear arms in defense of themselves and the state shall not be denied.  Art. VI, § 24 (enacted 1889).

[Self-defense right protected, Conaty v. Solem, 422 N.W.2d 102, 104 (S.D. 1988).]

Tennessee:  That the citizens of this State have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime.  Art. I, § 26 (enacted 1870).
      1796:  "That the freemen of this State have a right to keep and to bear arms for their common defence."  Art. XI, § 26.
      1834:  "That the free white men of this State have a right to keep and to bear arms for their common defence."  Art. I, § 26. 

[Self-defense right protected, State v. Foutch, 34 S.W. 1, 1 (Tenn. 1896).]

Texas:  Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.  Art. I, § 23 (enacted 1876).
      1836:  "Every citizen shall have the right to bear arms in defence of himself and the republic.  The military shall at all times and in all cases be subordinate to the civil power."  Declaration of Rights, cl. 14.
      1845:  "Every citizen shall have the right to keep and bear arms in lawful defence of himself or the State."  Art. I, § 13.
      1868:  "Every person shall have the right to keep and bear arms in the lawful defence of himself or the State, under such regulations as the legislature may prescribe."  Art. I, § 13.

[Self-defense right explicitly protected.]

Utah:  The individual right of the people to keep and bear arms for security and defense of self, family, others, property, or the state, as well as for other lawful purposes shall not be infringed; but nothing herein shall prevent the legislature from defining the lawful use of arms.  Art. I, § 6 (enacted 1984).
      1896:  "The people have the right to bear arms for their security and defense, but the legislature may regulate the exercise of this right by law."

[Self-defense right explicitly protected.]

Vermont:  That the people have a right to bear arms for the defence of themselves and the State -- and as standing armies in time of peace are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to and governed by the civil power.  Ch. I, art. 16 (enacted 1777, ch. I, art. 15).

[Self-defense right protected, State v. Rosenthal, 55 A. 610 (Vt. 1903).]

Virginia:  That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.  Art. I, § 13 (enacted 1776 without explicit right to keep and bear arms; "therefore, the right to keep and bear arms shall not be infringed" added in 1971).

[No decision about whether self-defense right right is protected.  Compare 1993 Va. Op. Atty. Gen. 13 (construing the right as collective) with 2006 WL 304006 (Va. Op. Atty. Gen.) (construing the right as individual).]

Washington:  The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.  Art. I, § 24 (enacted 1889).

[Self-defense right explicitly protected.]

West Virginia:  A person has the right to keep and bear arms for the defense of self, family, home and state, and for lawful hunting and recreational use.  Art. III, § 22 (enacted 1986).

[Self-defense right explicitly protected.]

Wisconsin:  The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.  Art. I, § 25 (enacted 1998).

[Self-defense right protected, State v. Fisher, 714 N.W.2d 495 (Wisc. 2006).]

 Wyoming:  The right of citizens to bear arms in defense of themselves and of the state shall not be denied.  Art. I, § 24 (enacted 1889).  

[Self-defense right protected, State v. McAdams, 714 P.2d 1236, 1238 (Wyo. 1986).]

 

HOWEVER, the absence of a 'state constitutional provision' can not be construed the right does NOT exist in states such as New York, because the federal constitution still requires that state to have a 'militia' comprised of able bodied men so that Congress may exercise its granted power. 

 

A Journal of the Times (1769) - "Instances of the licentious and outrageous behavior of the military conservators of the peace still multiply upon us, some of which are of such nature and have been carried to so great lengths as must serve fully to evince that a late vote of this town, calling upon the inhabitants to provide themselves with arms for their defense, was a measure as prudent as it was legal. It is a natural right which the people have reserved to themselves, confirmed by the [English] Bill of Rights, to keep arms for their own defense, and as Mr. Blackstone observes, it is to be made use of when the sanctions of society and law are found insufficient to restrain the violence of oppression."

Fisher Ames - "The American and his revolver have become as much a national association as the Mexican and his machete."

Everyone knows 'something' is wrong, but most are not quite sure what it is. We know the Constitution forbids Congress from making any laws regarding guns because of the Second amendment. But the courts say laws Congress have passed are 'not in violation of the Constitutional restrictions'.

And gun groups lose it, because clearly it must be according to what the founders said and the Constitution claims to do.
So how are they doing it? It is Pretty simple We are ignorant of our own history and simply do not take the time to study our government.

The 50 states of the Union, known as the U.S.A. are a 'federated Republic' (See Vattel's Law of Nations Sec. 10), which means that they are, to this day, 50 separate 'nations/countries/states, the 'People' of which formed the Constitution creating the Federal government. It is not a party to it and has absolutely NO say about it, beyond the enumerated powers contained within it.

The Law of Nations, Book I, §10, MONSIEUR DE VATTEL
§ 10. Of states forming a federal republic.
Finally, several sovereign and independent states may unite themselves together by a perpetual confederacy, without ceasing to be, each individually, a perfect state. They will together constitute a federal republic: their joint deliberations will not impair the sovereignty of each member, though they may, in certain respects, put some restraint on the exercise of it, in virtue of voluntary engagements. A person does not cease to be free and independent, when he is obliged to fulfil engagements which he has voluntarily contracted.
Evidence that the government is quite aware of the '50 sovereign nation idea' can be found in the Federal Style Guide Section 5.23 Nationalities of the states. Alabamian, etc.

But there is a word game going on here. We all know the government says federal guns laws apply in the 'United States'. But the question is, "What and Where is the United States"?

There 3 'United States', each composed of different territory and subject to different jurisdictions. The court in 1945 said it was the LAST TIME it would state this fact of law.

“United States”: The term 'United States' may be used in any one of several senses.
1. It may be merely the name of a sovereign occupying the position analogous to that of other sovereigns in the family of nations.
2. It may designate the territory over which the sovereignty of the United States extends, [324 U.S. 652, 672]
3. It may be the collective name of the states which are united by and under the Constitution.

HOOVEN & ALLISON CO. v. EVATT, U.S. Ohio,324 U.S. 652, 65 S.Ct 870,880,89 L.Ed. 1252
(Black’s Law Dictionary 5th Edition Pg 1375)

Territory 1 is 'D.C.", a sovereign (Federal government, art.1:8:17) in a position 'similar' to other sovereigns (the 50 states) in a family (the Union) of nations (Style guide)............

Territory 2 Sovereignty of the Federal government extends over lawfully ceded property within the states of the Union (Art. 1:8:17) and 'territories and possessions of the United States (Art. 4:3:2)

Territory 3 is obviously the 50 states of the Union. 

In Territory 1 and 2, the Constitution does not apply.  Congress acts as the local government and may pass any law they want with out the restrictions placed on it when legislating for their OWN 'United States'. 

This is beyond discussion and has long been acknowledged fact.

In 1922, William H. Taft, as Chief Justice of the United States Supreme Court said,

It is well settled that these provisions for jury trial in criminal and civil cases apply to the Territories of the United States. Webster v. Reid, 11 How. 437, 52 U. S. 460; Reynolds v. United States, 98 U. S. 145, 98 U. S. 167; Callan v. Wilson, 127 U. S. 540, 127 U. S. 556; American Publishing Co. v. Fisher, 166 U. S. 464; Thompson v. Utah, 170 U. S. 343, 170 U. S. 347; Capital Traction Co. v. Hof, 174 U. S. 1; Black v. Jackson, 177 U. S. 349; Rasmussen v. United States, 197 U. S. 516, 197 U. S. 528; Gurvich v. United States, 198 U.S. 581.

Page 258 U. S. 305

But it is just as clearly settled that they do not apply to territory belonging to the United States which has not been incorporated into the Union. Hawaii v. Mankichi, 190 U. S. 197; Dorr v. United States, 195 U. S. 138, 195 U. S. 145. It was further settled in Downes v. Bidwell, 182 U. S. 244, and confirmed by Dorr v. United States, 195 U. S. 138, that neither the Philippines nor Porto Rico was territory which had been incorporated in the Union or become a part of the United States, as distinguished from merely belonging to it, and that the acts giving temporary governments to the Philippines, 32 Stat. 691, and to Porto Rico, 31 Stat. 77, had no such effect.

http://supreme.justia.com/cases/federal/us/258/298/case.html

So the Constitution, I.E. the 2nd amendment does NOT prevent Congress from making 'gun laws' in the 'Unincorporated territories', which happen to be D.C., Guam, Puerto Rico, American Samoa, and the U.S. Virgin Islands.

The Constitution does NOT apply there, but it DOES prevent Congress from making 'laws' regarding guns within the 50 sovereign states of America. 

So, with the above in mind, lets look at the 'federal gun laws' contained in 18 U.S.C. chapter 44, known as the 'Gun Control act of 1968'

First, 18 U.S.C.  is 'federal crimes'.     As Jefferson in the Kentucky resolutions of 1798, sec. 2 said,  the government is granted to power to punish 4 crimes and nothing else whatsoever. 
They are Counterfeiting, Piracy and crimes on the high seas, (art. 1:8) and Treason (art.3:3).  Any OTHER crimes would be beyond the control of Congress UNLESS it was 'outside' the jurisdiction of the 'states of the Union'.

http://www.law.cornell.edu/uscode/text/18/5 defines WHICH 'United States' all these 'federal crimes' can be committed in.

 

The term “United States”, as used in this title in a territorial sense, includes all places and waters, continental or insular, subject to the jurisdiction of the United States, except the Canal Zone.

Non 'Union'Territory 2.

http://www.law.cornell.edu/uscode/text/18/7  defines 'territorial jurisdiction'.

 

The term “special maritime and territorial jurisdiction of the United States”, as used in this title, includes:
(1) The high seas, any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State, and any vessel belonging in whole or in part to the United States or any citizen thereof, or to any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof, when such vessel is within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State. [Piracy and crime on the high seas]
(2) Any vessel registered, licensed, or enrolled under the laws of the United States, and being on a voyage upon the waters of any of the Great Lakes, or any of the waters connecting them, or upon the Saint Lawrence River where the same constitutes the International Boundary Line. [Border areas]
(3) Any lands reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the State in which the same shall be, for the erection of a fort, magazine, arsenal, dockyard, or other needful building. [Art.1:8:17]

 

And now to the 'gun law' part.  Where exactly has Congress made the Gun Control act apply?

(a) As used in this chapter—
(1) The term “person” and the term “whoever” include any individual, corporation, company, association, firm, partnership, society, or joint stock company. [This is a whole other story]
(2) The term “interstate or foreign commerce” includes commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, but such term does not include commerce between places within the same State but through any place outside of that State. The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone).

Territory 2. NOT the 50 states.   

It is that simple People.

Now the next question should be, 'If it only applies THERE, how do they apply it to you HERE'?  United States citizens and American citizens are NOT the same thing.

Tench Coxe - "As civil rulers, not having their duty to the people before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms."