This decision is both monumentous and dissapointing in the same instant!
I fully agree that the decision makes the right call, as far as it goes, in that it protects the individual, god given right as codified and protected in the constitution to keep and bear arms.
However, there was much discussion in the proceedings about so-called "reasonable" restrictions. This language was upheld in the text of the decision, which specifically cites as precedent a case against one man who was arrested for toting a sawed off shotgun.
The legal basis for "reasonable restrictions" seems to be, but is not explicitly spelled out as "arms in common use at the time" thus, since handguns are in common use nationwide, they cannot be banned.
My real quandries are around the grey areas. Who defines how common is common use. is there a way to measure and say that of x% of gun owners have a type of weapon, it is in "common use", or if y number of americans own something it is in common use??
The decision goes to great pains to examine and disect the language of the second amendment, and to apply both common sense logic as well as legal doctrine and precedent to the words and phrasology of the amendment. It separates the two portions, and examines the relationship between them. While this to most people on both sides of the debate seemed to be the more important relationship, I disagree.
In a long, drawn out examination of the two clauses of the amendment, and a full examination of the relation between the two, the collective right crowd could not possibly have met constitutional muster.
However, there is not any examination of the final clause, "shall not be infringed" and what, exactly this may mean. How those words may be interpreted to allow for "reasonable restrictions" based on something as flimsy as "what is in common use" is a very interesting question. Esapecially when you get into the chicken and egg arguments about whether or not a partucular type of arm may or may not have been in common use if it had not been previously banned or restricted. Further, there is the possibility of states, counties, and municipalities continuing with buisiness as usual. For example, while DC has been specifically enjoined to begin allowing handgun permits, other cities that already do not allow handgun permits could make the argument that handguns are not in common use in their city, and thus, qualify as an "unusual" weapon, which would then be able to be "reasonably restricted" to only the police.