Actually, there is a lot of history, text and tradition at the time of the Bill of Rights to do just that. So, it passes the test. Next fallacy you want to try and defend taking people's rights away with?
BTW, those already doing it as a part time job are already covered by the current rules. This is trying to apply it to EVERYONE just because they feel like it.
Again, how much of my rights have to be sacrificed to ineffectively assuage your feelings?