But I don’t know where. I wanted to be real clear regarding my position on the Second Amendment. It is not about duck hunting. There is matter of factly an individual right to arms. Anyone who chooses to believe otherwise is either:
1) intellectually dishonest and has developed a conclusion first, then worked back from that conclusion to get the results they want. There is no collective right literature prior to the 1940s that anyone has found (that I know of). If someone were to state that there is a right to arms they just don’t think it’s a good idea, I could respect that. At least it’s honest; idiotic, but honest.
or
2) an idiot.
Now, one point of contention that always pops up is the tired old argument that if you believe that, then you would advocate private ownership of nuclear bombs. Anyone who thinks people should own nukes is an idiot. They are a consistent idiot, but still an idiot. It is worth noting that the first naval forces in the US before Adams commissioned a navy were privately owned ships fitted with privately owned canons. The question remains:
Where do we draw the line at what arms citizens can keep and bear?
I think that honestly this is the biggest point of contention currently. Even though the Assault Weapons Ban does not ban rifles but features, some folks choose assault weapons as the level in which we should ban guns. Look at all the presidential candidates. This doesn’t stand up to legal scrutiny since in the SCOTUS case of US v. Miller, the court opined:
In the absence of any evidence tending to show that possession or use of a “shotgun having a barrel of less than eighteen inches in length” at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment or that its use could contribute to the common defense.
So, in my humble non-expert opinion, the guidance we have in the law is a weapon that is any part of the ordinary military equipment or that its use could contribute to the common defense.
Therefore, any standard military weapon issued to an infantryman is likely protected. A nuke is not standard issue nor is a rocket launcher. An automatic rifle with a barrel length of 11.5 to 20 inches, a bayonet lug, a collapsible stock, flash hider and a 30 round magazine is. As such, the Assault Weapons Ban is specifically unconstitutional as is the 1934 NFA tax on automatic weapons (taxing a right is illegal). I don’t oppose registration and therefore do not oppose registering NFA weapons with the BATF. People will opine that evil automatic weapons are being used in deadly crime but it is worth noting that only one Class 3 weapon has been used in a deadly crime. That crime was committed by an off duty policeman.
So, there you have it. Prove me wrong.
Update: One other thing, there are some people who argue that since the second amendment is assumed to be in place to repel invasions and resist tyranny in government, that it is irrelevant in the current context. After all, a ragtag band of hillbilly insurgents may be able to repel an invasion but that same band is likely incapable of stopping the US military. I can respect this position as well because it is honest and logical. I do, however, disagree with it.
Just because a right may not have the desired effect, it is not rendered irrelevant. For example, there were massive protests against the Iraqi invasion. These protests had almost no effect on the chain of events that lead to the invasion and did not stop it. Therefore, that right was irrelevant in that context. Still, these people have a right to protest to their hearts’ content and I applaud them for it.
Another Update: Rick offers the following in comments:
Let me state first of all that I agree with you regarding the limits of the second. I think that is a totally reasonable line to draw. I also have one other test that goes something like this. The power to conduct foreign policy rest solely with the federal branch of the government and some weapons are interments of foreign policy buy virtue of that fact that if used against another nation that nation could reasonably assume that the attack was by the government of the nation of origin.
Example, a nuke, a fully armed battleship, a jet fighter. If a private citizen were to get there hands on one of these and attack the military personell in another country, our excuse that this person was private citizens acting of their own accord would not hold a lot of water and wouold thus effect said FP. Therefor any weapon that has the ability to affect foreign policy could be restricted. Now this is just a personal idea that I have hashed around but it makes the same point.
Interesting stuff, I think. It seems to me that people largely agree that a line must be drawn legally and are developing how to draw that line, though it is, as Rick opines, extra constitutional.
Thoughts?