Comment by AustinDev
1 day ago
They could attempt it, but the Second Amendment is quite clear that a constitutional amendment would be necessary to ban firearms and ammunition.
1 day ago
They could attempt it, but the Second Amendment is quite clear that a constitutional amendment would be necessary to ban firearms and ammunition.
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There would have to be a very long period of peace, first. Periods of government instability, as we have now, actually cause American citizens to want to reaffirm their rights, not relinquish them. And, the 2nd amendment represents something symbolically beyond its function: a unified collective will against tyranny, corruption, and evil.
What a dystopia. If anything the situation in Minnesota should teach liberal Americans that they all need to arm themselves massively.
Yes, and remind me what happened to the liberal American that armed himself in Minnesota?
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> Get grass roots support for it.
This must be satire. This will never, ever happen in the US. Guns are a religion here.
At the moment, the most dangerous people with guns in US are the ones working for the federal government.
> Get grass roots support for it.
You know that line from the Mandalorian, "Weapons are part of my religion"?
That is true in the most literal possible sense for a large portion of Americans. And not all of them right-wing, either- if anything, the past 5 years have convinced many of my left-wing friends to get concealed weapons training and being carrying pistols.
"anyone who opposes the government must be stopped"
are you sure?
SCOTUS has ruled before that 2A does not afford freedom to own any kind of weapon. There are limits on explosives for example.
They tend to lean on whether it is reasonable that the Founders might have had access to such a weapon with their technology. Machine gun is just a rifle with automatic rechamber. Not an unreasonable upgrade for 1700s technology. Maybe, I dunno; political people don't have to actually care about the details.
There are limits. And if cases like this made it there they might rule that no Founder was smelting the materials. That they would have had to collaborate, in some "market dictates options" ruling to limit hermits going in a rampage. Also everyone a weapons assembly line in their home is anti-corporate capitalism.
"George Washington understood the value of civic life and sound economics! He would not have tolerated such insular selfishness! He did not make his own weapons! He engaged in trade!"
Not saying it's realistic but politics is not never controlled by people living in reality. Making shit up seems as reasonable as anything.
>SCOTUS has ruled before that 2A does not afford freedom to own any kind of weapon. There are limits on explosives for example.
This is largely machine guns and explosives. Pistols, rifles, etc are ordinary weapons in common use*
*NYC authorities may not agree
https://ammo.com/research/list-of-banned-guns-and-ammo-by-st...
Sawed off shotguns seems arbitrary and that was ultimately my (pre-coffee) point; government is fine with coming up with an arbitrary restriction when they want.
They could outlaw the means of production. Gen pop is not allowed to own that.
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When and where can I buy a cannon with grapeshot? They had that during the revolutionary war, and the founding fathers probably owned at least one, so I want to be able to yell "Tally Ho!" too.
Here, among other vendors:
https://southbendreplicas.com/
The only weapon class I know of that's outright illegal to own is anti-aircraft missiles. That carries life imprisonment just for possession, with no violent intent. Because the government never wants to give up its air supremacy. This is why whenever you hear of feds concocting an international weapons conspiracy they always have to add anti-air bazookas to the charges because it's the only thing that actually can unequivocally be proven as illegal to own[0].
Basically everything else can be owned with an NFA tax stamp. Nuclear weapons my understanding is the difficulty is more with laws on handling the material than specifically owning one as a weapon, so I'm unsure those are even outright illegal either.
Explosives are actually one of the ones with looser restrictions. Even felons can own and re-instate their explosives rights, because bafflingly when congress de-funded the firearms rights restoration process for felons they forgot to do the one for explosives. Felons can also own and manufacture explosive black powder without scrutiny or paperwork, even ones intended to go in a black powder gun.
[0] https://www.bbc.com/news/world-us-canada-68365597
Here the law https://www.law.cornell.edu/uscode/text/18/2332g it says "shall be sentenced to a term of imprisonment not less than 25 years or to imprisonment for life." Even conspiring to acquire them is as illegal as possession!
Fully automatic assault rifles, anti-aircraft guns (that still operate), anti-aircraft missiles (that still operate), land mines over a certain size, or any Comp B. Those are on the naughty list.
There’s a whole community of folks building semi-automatic auto-return triggers that are “technically” semi automatic, but with just a gentle squeeze, fire off another. If you maintain that grip, the return mechanism engages, returning the trigger to firing position, where your pressure causes it to fire again… it’s called a Forced Reset Trigger.
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Forearms yes, percussion caps no.
A large fraction of the harm from firearms comes from their ability to fire rapidly which didn’t exist when the constitution was written. As such it was making a very different balance of risk between the general public and individuals.
1. The second amendment wasn't written because the authors thought guns were inert. It was written precisely because they could impart deadly force.
2. As someone else pointed out, early repeating rifles did exist then.
3. If the meaning of the constitution is only to be evaluated against the technology available at the time -- what does that say about the validity of the 1st or 4th amendments with modern technology?
Air guns existed sure. There’s a reason those aren’t used by the military today, they just aren’t that dangerous.
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The Girardoni repeating air rifle predates the ratification of the constitution by ~11 years and was taken on the Lewis and Clark expedition ~13 years later. Really the whole discussion around 2A is usually nonsense because it ignores the context that the entire Bill of Rights had a completely different meaning prior to the 14th amendment leading to incorporation over the last century (and other expansions of federal power via commerce clause); that is, the Bill of Rights originally did not apply to the states.
Very obviously individuals were expected to be part of the militia, which was the military at the time (c.f. the Militia Acts 2 years after ratification requiring individual gun ownership and very clearly laying out that all able-bodied white male citizens aged 18-45 were part of the militia), but also states could regulate weapons if they wanted.
> Girardoni repeating air rifle
Not a firearm.
I didn’t say we could ban compressed air powered guns, I specifically said percussion caps. The Girardoni was way less dangerous than a modern handgun.
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The balance of power being considered then was between the state and the people. Fear over a standing army was real.
Crime exited when the constitution was written, suggesting the framers were only concerned with interactions at the state level is to insult their intelligence. Not to mention specific text like people’s rights to a jury trial etc.
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