Right to Bear Arms: The Legal Question

I’m not trying to be argumentative, just curious. The current Court has struck down most recent attempts of states and municipalities to regulate arms. The NRA wages legal and electoral campaigns against anyone who breathes a hint to restrain a “right to bear arms“. The U.S. Congress, as well as the President, refuses to consider any restrictions.


The Supreme Court in the past few decades, has trashed the Constitution and allowed lots of infringing against the right of the people to keep and bear arms.

Finally Illinois forced the issue with an obvious hit against the collectivist misinterpretation, and ruled that it was an individual right, not a state militia right.

[Cue the snicker sound track here.] After all, if the right to bear arms is a right of governments and not a right for individuals, then the Second Amendment really means, according to this insanity:

Does it say this?

2nd Amendment: A well regulated militia, being necessary to the security of a free state, the right of the [government???] to keep and bear arms, shall not be infringed.

[Cue riotous laughter at that…].

So to protect the “security” of a

Dred Scott, whose famous case to gain his free...

Dred Scott, whose famous case to gain his freedom began as a lawsuit filed in St. Louis in 1846 (Photo credit: Wikipedia)

“free” state, the right of the government to bear arms shall not be infringed. Under this misinterpretation, the Second Amendment would presumably include the right to “bear” nuclear weapons.

So, are Steve and I permitted to own (keep) and use (bear) nuclear weapons (again, sorry, Norm, you were born on the wrong side of the pond)? If not, why not? That is, if I can keep and bear an AK-47 or AR-15 why not a thermonuclear device?

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There are MUCH WORSE people than you or Steve that already own (as in possess the use of) nuclear weapons.

#1. For example, one person who could throw nuclear weapons at somebody right now include one who arranged a massacre in a theater in which 130 innocent people died:

http://www.bbc.co.uk/news/world-europe-20067384
…But some 130 hostages died – most not at the hands of the gunmen and women, but apparently because of the effects of the gas….

#2. Another group killed an estimated 5,000 with over 10,000 hurt critically, all in cold blood to stop a peaceful protest.. The troops they sent in were ordered to shoot anybody that got in the way; they were brought from distant bases (presumably so that they would not include too many who would worry about relatives being among the victims:

http://en.wikipedia.org/wiki/Tiananmen_Square_protests_of_1989

#3. Another one has arrogated to himself the illegal and unconstitutional “authority” to order secret kills on anybody he wants to anywhere in the world and has done it with full public knowledge. He (and his subordinates in command) continue their and unconstitutional and interventionist wars in five foreign countries.

For survivors, he has put command-and-control death panels in their future. Special treatment for special friends.

Rational people would demand all means possible to defend themselves against these obvious pathological maniacs, ruthless killers. And the list above is of the ones currently in possession of the worst nuclear weapons in the world. It does not include criminal dictators and rulers from the past or the future.

I’m serious. I admit that a reasonable person would not want Jason to have a tight rubber band, much less a nuke, but seriously should that be a limitation (no matter how logical and reasonable)? Instead is there case law which delineates what is protected by the 2nd amendment and not? Perhaps case law defines “arms”, which means that there would be a line in the sand; what is that line? I.e., what is protected and what is not?

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Case law is worse than useless when it numbs the mind of erudite attorneys at law and of citizens who accept it. Case law changes on the whim of those who make it, including 100s of reversals by the most respected Court in the world, the U.S. Supreme Court. Their ruling on the Republicans’ Civil RIghts Act in the 1960s reversed the Dred Scott case, for which you cannot find one little phrase of justification in even the slaver-protecting Constitution. (Justification was provided by the horror they felt at the prospect of blacks being able to carry arms, because if they are free men they carry arms).

2nd Amendment: 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.


And some people out there in the cackling industry actually try to pretend it means that governments have the right to arm themselves!

Imagine that! Next thing they’ll pass a law that says chickens shall lay eggs and water shall flow downhill!

At least those amendments and laws would make lots more sense than the sewage pouring forth from looters’ governments today!

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