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2nd Amendment

mpok1519

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Does the 2nd amendment allow people to own any weapon? Since "arm" can be defined as "weapon", does this allow us to own nukes? all Bio-weapons? any Chemically based weapon?

What are the laws concerning these types of arms, and are there any real restrictions in the constitution that forbid their ownership by private citizens?
 

SoldierOfTheKing

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"Wouldn't you know it! Now the Hendersons have the bomb!"
 
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Douger

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Does the 2nd amendment allow people to own any weapon? Since "arm" can be defined as "weapon", does this allow us to own nukes? all Bio-weapons? any Chemically based weapon?

What are the laws concerning these types of arms, and are there any real restrictions in the constitution that forbid their ownership by private citizens?
That's a very good question that I'd also really like to know the answer to.
Of course there have been numerous instances of the government confiscating heavy weaponry, and I imagine those confiscations have been legally challenged. So there must be some court decisions interpreting the constitution to put limits on the 2nd amendment.
 
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OldWiseGuy

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The amendment seems to refer to arms that an individual can 'bear' or 'carry about' and would function as an easily managed 'personal' weapon. Heavy weapons generally require more than one person to operate thus cannot be considered to be the 'personal' weapons referred to by the amendment.That said heavier weapons can certainly be part of the arms of the militia as a 'regulated' body.
 
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mpok1519

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So, a briefcase bomb fits the amendment correct? That can be a personal weapon that one can carry about.

Do we need to amend the constitution with federal rules which specifies which weapons people can and cannot own? Or is there already something in the constitution that says the fed govt can prohibit certain arms from ownership?
 
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OldWiseGuy

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So, a briefcase bomb fits the amendment correct? That can be a personal weapon that one can carry about.

Do we need to amend the constitution with federal rules which specifies which weapons people can and cannot own? Or is there already something in the constitution that says the fed govt can prohibit certain arms from ownership?


The Second Amendment reads: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

History of the amendment reveals that the Militia was made up of able bodied men of the certain age, who owned rifles and pistols which were kept in their possession for personal use and protection but would be impressed into 'militia' service if required. If 'suitcase bombs' had been available then they and similiar explosive devices would have been kept in a secure armory. Personal weapons only become 'military' weapons when used in conjunction with the 'well regulated Militia'.

The purpose of the amendment was to ensure the security of the individual's safety by guaranteeing personal possession of the means to provide it, while ensuring infantry firepower for the assembled militia. Another benefit of personal possession of firearms was the greater proficiency obtained through sport shooting and hunting.

Also it is evident that the security of the individual is a large part of the security of the State. Even today personal firearms are the very best security for the individual.

All that is needed to see the wisdom of the second amendment is a little history, and a little common sense.
 
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