| Polls What weapons does the 2nd protect?; In the most recent SCotUS decesion, DC v Heller, the court ruled that the 2nd amendment protects an individual right ... |
06-27-08, 12:51 PM
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#1 (permalink)
| | Yer favorite damn disease
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Current Mood: | What weapons does the 2nd protect? In the most recent SCotUS decesion, DC v Heller, the court ruled that the 2nd amendment protects an individual right to own and use guns. http://www.scotusblog.com/wp/wp-cont...06/07-2901.pdf
The court says: Quote:
The Second Amendment protects an individual right to possess a
firearm unconnected with service in a militia, and to use that arm for
traditionally lawful purposes, such as self-defense within the home.
...
United States v. Miller, 307 U. S. 174, ...limits the type of weapon to which the right applies to those used by the militia, i.e., those in common use for lawful purposes.
...
Like most rights, the Second Amendment right is not unlimited.
It is not a right to keep and carry any weapon whatsoever in any
manner whatsoever and for whatever purpose...Miller’s holding that the sorts of weapons protected are those “in common use at the time” finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons.
| The question here is:
What kind of firearms does the 2nd amendment protect?
Please be sure to include your reasoning for your response.
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06-27-08, 12:58 PM
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#2 (permalink)
| | Sage
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| Re: What weapons does the 2nd protect? Trying to devine what the original founders had in mind is to some extent an exercise in futility. They passed the second amendment in an environment where most folks were part of the organized militia (which the founders deemed so crucial that they noted in the Amendment itself that a well regulated militia was necessary to the security of a free state) and in which arms consisted of single shot muskets that had to be manually reloaded after every shot. It is doubtful they could have conceived of an environment where no organized militia existed and "arms" can include things like machine guns and missles.
If you interpret the amendments based on its words, the right provided is the right to "bear arms". Logically, anything you can be armed with falls within the paramaters of the right. That would include any kind of projectile weapon, grenades, satchel charges, RPGs, AA missles, etc.
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Last edited by Iriemon : 06-27-08 at 12:59 PM.
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06-27-08, 12:59 PM
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#3 (permalink)
| | Yer favorite damn disease
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Current Mood: | Re: What weapons does the 2nd protect? All of the above, as they are all "in common use for lawful purposes" and "in common use at the time".
Last edited by Goobieman : 06-27-08 at 01:07 PM.
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06-27-08, 01:01 PM
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#4 (permalink)
| | Sage
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| Re: What weapons does the 2nd protect? Quote:
Originally Posted by Goobieman All of the above, as they are all "in common use for lawful purposes". | Where is language limiting "arms" to those "in common use for lawful purposes" in the 2ndA? |
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06-27-08, 01:03 PM
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| | Yer favorite damn disease
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Current Mood: | Re: What weapons does the 2nd protect? Quote:
Originally Posted by Iriemon Where is language limiting "arms" to those "in common use for lawful purposes" in the 2ndA? | It would be helpful if you were to actually read the OP. |
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06-27-08, 01:15 PM
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| | Sporadic insanity normal
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Lean: Independent Gender:  | Re: What weapons does the 2nd protect? From the words in the OP, it appears that all weapons are protected by the 2nd, unless all the weapons used by the military are considered to be unlawfully used.
Or at least one could interpret such from the selected statement quote.
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06-27-08, 01:22 PM
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#7 (permalink)
| | Sage
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| Re: What weapons does the 2nd protect? Quote:
Originally Posted by Goobieman It would be helpful if you were to actually read the OP. | Sorry.
The 2dA does say there is a right to bear firearms. It says bear arms. |
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06-27-08, 01:27 PM
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#8 (permalink)
| | For Hypatia of Alexandria
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Current Mood: | I'll smack the 1st person who mentions "Assault Weapons" I believe my right to bear fireworks is covered by the 2nd amendment.
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06-27-08, 01:28 PM
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#9 (permalink)
| | thrifty
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Awards: | Re: What weapons does the 2nd protect?
__________________ "I admit it. The liberal media were never that powerful, and the whole thing was often used as an excuse by conservatives for conservative failures." - Bill Kristol |
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06-27-08, 01:30 PM
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#10 (permalink)
| | Yer favorite damn disease
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Current Mood: | Re: What weapons does the 2nd protect? Quote:
Originally Posted by Iriemon Sorry.
The 2dA does say there is a right to bear firearms. It says bear arms. | You are not answering the question.
I am not surprised. |
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