There is no legal or philosophical right to a modern firearm in the Constitution, either. The founders couldn't have predicted the ease with which a single individual could commit mass murder just 50 years later when the firearms of their time took half a minute to reload. One person alone can kill as many people in a minute with a single semi-auto rifle and sufficient ammo as over a dozen militiamen of the day. To suggest the founders intended to include modern weapons is a stretch well beyond the breaking point of reason or logic.