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this post was submitted on 01 Feb 2024
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As Chocrates said above, the Fifth Amendment gives the right to free movement, but SCOTUS has approved licencing for motor vehicles, and certain restrictions on firearms, so there's some precedent, though the current SCOTUS may disagree.
Motor vehicles arent a right, travel is. If motor vehicles were explicitly named then those would be illegal. Motor vehicles are not the sole form of travel.
By that logic, are only guns considered arms? If the right is "keep and bear arms," wouldn't that imply the right to keep and bear any arms? Guns aren't the only type of weapon, just as cars aren't the only form of travel. If we can put restrictions on certain forms of travel, as long as alternative forms of travel exist...why would the same logic not apply to keeping and bearing arms?
Yes the right implied is to keep an bear any arms. You know private citizens can and have bought tanks right? Why do you presume I would disagree with that?
According to German law crossbows, swords and polearms are arms, but unrestricted (well, you have to be 18 but that's it) and of those only crossbows, as projectile arms, have storage requirements (locked box, ammo separate). Bows maybe surprisingly aren't even arms and you can open-carry them without any issue -- culturally speaking, only if you're young enough or look like you're on your way to a range. Certainly open-carried a bow at times when I was six or seven, thereabouts, granted the thing was so shoddy you couldn't hit the broad side of a barn with it.
I'd say if the US can restrict you from bearing howitzers and F16s, it can restrict you from bearing guns, or enact requirements proportional to their power as arms and the risks involved.
That's exactly the point. Nobody arguing in good faith thinks that any US citizen should be able to own missiles or artillery or machine guns. All the reasonable folks agree that the government DOES have the power to limit our right to fire powerb it's just a matter of where you draw that line. I'd prefer it to be drawn somewhere that meant less than 630 mass shootings a year... maybe somewhere closer to 1 or 2 a year as opposed to 1-2 a day, but I'm clearly a communist/socialist/deep state lizard person.
If you were a communist you'd like guns, and revert to the strong 'under no pretext' instead of the weak 'shall not be infringed'
Yes the right implied is to keep an bear any arms. You know private citizens can and have bought tanks right? Why do you presume I would disagree with that?
Because it's objectively false. You need a special license to own a machine gun... you can buy a tank, sure, but it will have been demilitarized or would require a destructive device permit from the government. You can't own a working missle or biological weapon either without being granted special privledge from the government.