My point is that:
with no explicit mention of property defence/hunting in the 2nd amendment, and with an explicit mention of militia which is anachronistic to modern society, the SC had enough legal basis to be able to use its common sense in re-interpreting that amendment for this century of widespread gun violence.
Of course the ideal situation is one where a majority forces the government to take action (which after the Heller decision can be restricted to tightening background checks, keeping a registry, stopping bullshit loopholes, perhaps, using the Court's own "common use" principle, stricter limits (are any present at all?) the amount if ammunition and weapons allowed per person.)
To be very clear, the Second Amendment does not guarantee a right to hunt, or even fish. States and localities are perfectly free to regulate hunting as they wish and even ban hunting altogether. I assume, for example, that one cannot legally hunt within the city limits of New York City or Washington, DC. No one is talking about the "the right to hunt", anyway, as the fundamental basis of the Second Amendment.
The right in question is the "right to keep and bear arms", not the right to do anything you wish with those "arms".
The language of the Second Amendment clearly is not constructed to constrain the "the right of the people" to only those people who are active members of a military force. The Heller decision makes it absolutely clear that the government has the constitutional power to place all kinds of restrictions on the ownership and use of firearms. Semiautomatics, no problem. Public places, no problem. Felons, no problem.
The better argument than misconstruing the intent of the Second Amendment is the one that the Second Amendment is an anachronistic relic of the past, that the circumstances of 21st America are vastly different than those of the late 18th Century. The remedy for that anachronism -- we dealt with the anachronisms (and abomination) of slavery with the 13th Amendment, we dealt with the unequal protection of the laws with the 14th Amendment (although it took the Civil Rights Act of 1964 a century later to give real force and effect to the 14th Amendment) and we took care of the right of women to vote with the 19th Amendment -- is an amendment to the Constitution, for which there is an orderly process prescribed in the Constitution itself...in Article V.
There's no doubt that a significant part of the rationale for the Second Amendment is to allow the people to resist tyranny as well as the collective defense of their community and state. White Americans specifically prohibited blacks from owning weapons when the the "Slave Laws were in effect and the "Black Codes" were later adopted. The intent was to disarm blacks, thus making them prey to an oppressive regime. In 1844, the North Carolina State Supreme Court upheld a statute that prohibited free blacks from owning firearms on grounds that they were not citizens, and thus had no rights. The doctrine that blacks, free or slave, had no rights -- including the right to keep and bear arms -- which a white man must respect which was repeated by various courts and ultimately "reaffirmed" in Roger Taney's outrageous opinion in
Dred Scott. The point of referring to the injustices against blacks is that by white men denying blacks their right to keep and bear arms, it was a snap to oppress them.
What some of you can't get your head around, and I fully understand why, is the right to keep and bear arms (among other rights) was considered to be an indispensable right of free men in a republic. The Framers understood rights to be inalienable (well, at least inalienable for white men), not the gift of a benevolent government, although their hypocrisy on the full reach of "individual rights" can never be overlooked.
Do that -- repeal the Second Amendment -- and your concerns with the Second Amendment go away!
But don't listen to me. After all, I'm just a random poster who for all you know could be one of the Koch brothers or a Klansman. Let us consider instead the words of a prominent liberal constitutional lawyer and scholar from Harvard by the name of Laurence Tribe:
Laurence Tribe, American Constitutional Law 902 n. 221 (2000): "Perhaps the most accurate conclusion one can reach with any confidence is that the core meaning of the Second Amendment is a populist / republican / federalism one: Its central object is to arm 'We the People' so that ordinary citizens can participate in the collective defense of their community and their state. But it does so not through directly protecting a right on the part of states or other collectivities, assertable by them against the federal government, to arm the populace as they see fit. Rather the amendment achieves its central purpose by assuring that the federal government may not disarm individual citizens without some unusually strong justification consistent with the authority of the states to organize their own militias. That assurance in turn is provided through recognizing a right (admittedly of uncertain scope) on the part of individuals to possess and use firearms in the defense of themselves and their homes -- not a right to hunt for game, quite clearly, and certainly not a right to employ firearms to commit aggressive acts against other persons -- a right that directly limits action by Congress or by the Executive Branch and may well, in addition, be among the privileges or immunities of United States citizens protected by 1 of the Fourteenth Amendment against state or local government action."
A Harvard liberal has reduced it down to one paragraph much better than I ever could have.