The original meaning of the second amendment was that, because private gun owners may be called on by their state for militia service, the federal government would neither take guns from people nor prevent people from taking their guns wherever they went. The presumption was that states had a free hand to restrict and regulate the keeping and bearing of arms as they saw fit, for that same militia organizing and regulating effort, and no federal oversight.

This all changes with the 14th amendment. With the 14th, now Federal courts have jurisdiction to decide when a state is allowed or not allowed to prevent a person from keeping or bearing guns, with the presumption being that all people have this right unless a state demonstrates a very strong reason why they should not. The federal government would have the same presumption and limitation.

It all hinges on what "due process of law" means. Any level of government can take a gun from somebody if due process of law is satisfied.

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