Re: Constitutional restrictions on guns?
How are you defining "arms"?
"As the term is used in the context of the 2nd amdment".
The SCotUS did this in US v Miller. To paraphrase, in order for a weapon to be protected by the 2nd it must be of a kind 'in common use at the time' by the regular armed forces, 'part of the ordinary military equpiment' of those forces, and have some legitimate application for use in the service of the militia.
And so, while this might include grenade launchers and light mortars, it -certialy- inclused all firearms, and just as certainly exclused nuclear weapons and laser giuded 2000lb bombs.
Obviously, the real concern here is firearms, and so there really be need no discussion of the other weapons.
Well, obviously the use of ANY kind of weapon is a "clear and present danger."
That's not at all necessarily the case. Some uses of some do, some uses of some do not. Presumung that you aren't being negligent, you can use any firearm without endangering anyone. Remember that the danger must be "immediate", "clear" and "present", as opposed to "potential", "possible" and "situational".
I think possession might or might not be
Simple posession -- that is, simple ownership - of a -firearm- cannot harm anyone or put anyone in danger. Only USE can do that.
depending on the type of weapon. Surely the really heavy stuff like bombs, grenade launchers, etc. would be a clear and present danger, since they have no legitimate purpose...
"No legitimate purpose" isnt the qualifier here -- the nature of the use of the weapon is, and is what determines the degree of clear and present danger to others.
I'm just saying that each right is different. Traditionally the courts have been more lenient with certain rights than others, so I don't think just substituting the restrictions on free speech for the restrictions on arms would fly in a court of law.
Rights are rights, and the test for the 1st amendment is a perfectly legitimate test for the rest as the basis for that test is the obvious notion that 'your right to swing your fist ends at my nose'.
You may try to show otherwise, if you like