Volokh on "The Security of a Free State"

From The Volokh Conspiracy blog:

“A well regulated Militia, being necessary to the security of a free State,” the Second Amendment says, “the right of the people to keep and bear Arms, shall not be infringed.” But what did the Framing generation understand “free State” to mean?

Some say it meant a “state of the union, free from federal oppression.” As one D.C. Circuit judge put it [dissenting in the case that the Court has just agreed to hear -EV], “The Amendment was drafted in response to the perceived threat to the ‘free[dom]’ of the ‘State[s]’ posed by a national standing army controlled by the federal government.” Or as a lawyer for one leading pro-gun-control group wrote, “Presumably, the term ‘free State’ is a reference to the states as entities of governmental authority. Moreover, the reference to the ‘security’ of a free State must have something to do with the need to defend the state as an entity of government.”

What the scumbags at the Brady Center are saying:

If the Supreme Court does not reverse the Court of Appeals's decision, sensible gun laws could be at risk...from the long-standing machine gun ban...to the Brady criminal background check law...to local and state gun laws like the ones in California and New Jersey banning military-style assault weapons.

Say, what great ideas!