You know Kly, I find tremendous fault with Scalia's opinion that the 2nd Amendment's prefatory clause (about the militia, etc) has no effect on the amendment's application. Madison included the phrase in his original proposal of it. In fact, the Senate reversed the order of the Amendment's two clauses to emphasize the militia aspect of it. That, in his opinion, Scalia allowed some governmental restrictions on forearms is an affront to strict construction of the Constitution. Of course, it's no surprise that Substantive Due Process is a refuge for both liberals and conservative jurists.