Yesterday, 03:40 PM
There are a couple routes, one I hate and one I like. The one I hate is to argue 14th Incorporation, but it's an easier argument to make. Basically it says that the 14th applies the bill of rights to all Americans by incorporating the enforcement into the States. This is called "Incorporation Doctrine."
I think there is a better way to get there, and one more fundamentally original.
"The right of the people to keep and bear arms shall not be infringed" is written differently than the 1st Amendment, which states "Congress shall make no law." It does not distinguish between whether Congress or the State might infringe, it simple says "shall not be infringed." So the impetus is the same whether the infringer is Russia, the Governor, or Congress. This right shall not be infringed. Period. Full Stop. It doesn't say by who, and it's a guarantee written into the US Constitution, therefore the US Government has a duty to enforce it. I would argue has had a duty to enforce it since 1787.
There are very few things which the Constitution would seem to authorize the federal government to radically enforce against the States. One of them is "a republican form of government," and from the language of the 2nd Amendment, protecting the people's right to keep and bear arms is another. Notwithstanding anything whatever the State wants to do to infringe.