Your test seems like a good one too, but federal domestic law enforcement would need to be included as well. Organized police would flip their bacon, but getting rid of that power asymmetry is kind of the entire point. It could devolve into police using only bureaucracy-approved expensive weapons or network DRM, so it would have to be by general weapon class and we'd need non-corrupt courts for actual implementation.
Ultimately I don't think such "debates" come down to much besides showing how out of hand the government has gotten, through both attrition and precession. The Bill of Rights should be viewed more as a bunch of (failing) test cases than something with hypothetical legal force.
Your test seems like a good one too, but federal domestic law enforcement would need to be included as well. Organized police would flip their bacon, but getting rid of that power asymmetry is kind of the entire point. It could devolve into police using only bureaucracy-approved expensive weapons or network DRM, so it would have to be by general weapon class and we'd need non-corrupt courts for actual implementation.
Ultimately I don't think such "debates" come down to much besides showing how out of hand the government has gotten, through both attrition and precession. The Bill of Rights should be viewed more as a bunch of (failing) test cases than something with hypothetical legal force.