The 2nd Amendment is a right that should be treated more like the First Amendment in the way that the courts are vigilant in not abridging, directly or indirectly.
The 2nd Amendment is an express guarantee to bear arms, not just the right to keep them.This means law-abiding citizens should be allowed, constitutionally, to carry weapons in public, where the vast majority of violent crimes occur.
The 2nd Amendment is an individual right, just like the “right[s] of the people” protected by the First and Fourth Amendments. Abundant historical evidence indicates that the Second Amendment was meant to leave citizens with the ability to defend themselves against unlawful violence. Such threats might come from usurpers of governmental power, but they might also come from criminals whom the government is unwilling or unable to control.
The Assault rifle ban is little more than a political stunt, defining certain guns in terms of cosmetic features, leaving functionally identical semi-automatic rifles to circulate freely. This is unconstitutional for the same reason that it would violate the First Amendment to ban words that have a French etymology, or to require that French fries be called “freedom fries.
