Gun Control & RKBA

IMO adopting a standard for establishing Constitutional compliance requires that the standard in question not invalidate existing laws.

As an example, the federal NICS and its database did not exist 40 years ago. If the "historical tradition" standard would invalidate that system and its related laws, then the "historical tradition" standard is contrary to the BoR itself and, in particular, to the 2A. The BoR was written to be flexible and able to adapt to advances in technology, criminology and law enforcement. To adopt a standard which ignores today's technology that makes a "National Instant Check System" possible, is entirely contrary to the spirit of the Bill of Rights.

I somewhat understand the spirit of the idea that may have been guiding this abomination but the resulting formulation and articulation is deeply flawed.