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I don't understand how anything related to firearms can be legally taxed in the USA — their taxation can certainly be viewed as an infringement on one's right to bear arms.
Poll tax is illegal but watch the ID required to vote crowd lose their mind when you discuss free government IDs
Are you serious? A tax does not prevent you from legally acquiring anything. At worst, it risks putting the poor at even more of a disadvantage
Works as intended
Yes.
I could be wrong on how this is defined legally, but the term "infringement" doesn't require absolute prevention.
This is an unfavorable outcome, imo.
SCOTUS has ruled in the past that some reasonable restrictions can be placed on the right to bear arms (banning kids from carrying, for example). Not to mention that some legal minds disagree on the entire intent of the 2nd amendment
It's no different than the "time and manner" restrictions placed on speech
By "it" are you referring to taxation?
I would argue that such taxation goes beyond those sorts of "reasonable restrictions", and only serves as a blanket infringement on the rights of the entire populace, regardless of context or circumstance.
For the sake of clarity, would you mind elaborating on this? Which legal minds disagree, and to what extent?
Souter, most famously (edit: and most recently, not sure about earlier justices in US history) and other SCOTUS justices have dissented
Here’s a summary: https://www.thenation.com/article/archive/how-the-roberts-court-undermined-sensible-gun-control/tnamp/
I barely skimmed it but it touches on the dissenting opinions around the second amendment.
Here’s a summary of Souter’s positions:
https://www.ontheissues.org/Court/David_Souter_Gun_Control.htm
And here’s a take from a linguist:
https://www.washingtonpost.com/opinions/antonin-scalia-was-wrong-about-the-meaning-of-bear-arms/2018/05/21/9243ac66-5d11-11e8-b2b8-08a538d9dbd6_story.html
The linguist might seem out of place here but I’ve always felt that analysis was pretty damning for SCOTUS’ take during Heller. Been a couple years since I read that article but it really stayed with me.
Sorry for all the edits… but to be clear, prior to Heller in 2008, there was no assumption that an individual had the right to arms
I'll preface this by saying that this linked article isn't exactly about David Souter. He is only mentioned once in the article as someone who supported another's argument in D.C. v. Heller.
I agree with this. Imo, this comes out of how the commas are used: "A well regulated militia" is the first item, "being necessary to the security of a free state" is parenthetical information emphasizing the importance of a well regulated militia, "the right of the people to keep and bear arms" is the second item, "shall not be infringed" is stating the level of protection on both items. Do note that this is only my personal interpretation/opinion.
This is an interesting point to consider, however, it is not, on its own, an argument for the original intended interpretation of the Second Amendment.
Aside from this statement being conjecture, if I deviate from the interpretation of the original intent of the Second Amendment, in my opinion, I don't understand why this is a fundamentally negative idea. Why wouldn't one want people to have the means to protect themselves in the event of a scenario that public law enforcement cannot?
Important to note that only the last section in this link is really relevant to the original point being "some legal minds disagree on the entire intent of the 2nd amendment". And that being said, it essentially just reiterates what was said in the first link, albeit without the surrounding opinion piece, and much more to the point (which I do appreciate).
Given the wording of the second amendment (if you interpret "bear" as a person physically arming themselves, and "keep" as the general ownership of firearms) I would agree that this argument is sound.
This was an interesting read. Interpretation of the Second Amendment is certainly a linguistic issue.
This is very interesting.
This argument is essentially conjecture — they don't argue why it can't be interpreted that way, they just state that it isn't.
This appears to be an attempt at linguistic trapping, rather than an argument. Simply because it wasn't colloquial, doesn't necessarily mean that it couldn't be understood in the manner that bear arms doesn't require one to serve in the military.
I can't really comment on this, as it's conjecture. Would you have any sources that show that the consensus prior to Heller was that the Second Amendment didn't grant individuals the right to arms? Regardless, the current supreme court decision is how the constitution is officially interpreted. What that means is that if people were of that opinion prior to Heller, Heller states that those prior opinions were unconstitutional.
I’m confused by a lot of what you said, in particular that it’s conjecture that it’s conjecture that there was no individual right prior to Heller. That’s just case law?
Would you mind pointing out all that you are confused with?
Would you mind citing case law? I said that it is conjecture because it was an argument without premise. You now mentioning that you are basing the argument on the premise that there is case law which supports it is in the right direction, but I would be curious to know what case law you are referencing.
gestures to all the nonexistent case law
If there's no case law, then what makes you claim that there was no individual right prior to Heller? You can't know what the legal standard was without precedent.