My thoughts on this... Considering the purpose and context of the 2nd, it essentially protects a contemporary citizen-soldier's "kit". The stuff he/she needs to join up in common defense with their community, which includes survival gear, protective gear, and of course, a weapon.
Today's citizen-soldier would carry an AR-15 or variant. If there's one modern gun protected by the 2nd, that's the one.
Still very fuzzy. Javelin missiles? Claymores? C4? Anti-personnel mines? Armored infantry transport vehicles with mounted machine gun? Armored infantry transport vehicles with small diameter turreted cannon? Counter-measures for their personal aircraft?
I mean, I feel like you're being purposefully obtuse in trying to make some kind of "see! There's limits to all rights" point. I gave you what I believe is a reasonable and straightforward philosophical approach to the 2nd amendment.
What does a typical modern day infantryman carry as part of a standard kit?
Not Javelins and anti-personnel mines, those are application- and mission-specific. A soldier doesn't just show up at the armory and load up with whatever high explosives they want; they have a standard issued set of gear, and then mission specific gear divided up among the squad.
Armored infantry transport with mounted machine gun and or cannon turret? Anti-air counter measures? I have no idea how that fits in an individual soldier's kit. At a minimum, they're not bearable arms.
It doesn't mean all those other specific items aren't protected, but if you want an answer on an item-by-item basis, I don't know what to tell you.
Yeah, there's some gray area there and grenades are probably the best example.
Separated from philosophical side of things, they are legal to own Federally at least, at $200 a tax stamp. I don't know anything about the jurisprudence wrt to destructive devices.
edit: Another example might be DU ammunition, but I don't know if that's something carried by your typical soldier. I think it's more often in large caliber crew-served and vehicle mounted weapons, but have no actual basis for that.
For what it’s worth I was really just trying to explore the concept and knead it in my mind a bit.
My actual opinion on the matter is that we need a national conversation and some sort of constitutional convention to decide more definitively what the purpose(s) of gun rights should be.
Note that I said “what purpose” rather than “what rights”. I think a lot of people (not everyone, but most) skip this part and go straight to “I want to own select-fire rifles” or “large capacity magazines should be banned” before answering what the allowable purposes of private gun ownership should be.
I think if we enshrine in the constitution the right to own/bear arms for enumerated purposes, that the details will naturally just fall out from that choice.
Some examples of what we could choose from (mix and match to your liking):
1) There is no purpose for private gun ownership of any kind.
2) People should be allowed to own guns for private museums/galleries; historical/scientific/artistic collections.
3) People should be able to own guns for sport target shooting (Olympic shooting, IDPA, etc)
4) People should be able to own guns for hunting.
5) people should be able to own guns to defend their homes.
6) People should be able to own guns to defend themselves when they are out and about.
7) People should be able to own guns to bolster national armory against foreign invasion.
8) People should be able to own guns to attempt to overthrow their own government if they deem it necessary.
For example, if someone picked only something akin to #2, then likely guns would have to have firing pins and/or parts of the trigger mechanism removed.
If the people chose to allow guns for sport, perhaps the government would store your privately owned guns for you at sporting facilities.
If the purpose of private gun ownership is to empower citizens to overthrow a tyrannical government, then no registration process should be warranted for destructive devices like javelins or SAM batteries.
It sounds like your limitations match most closely with #7. In which case it seems like if that was the ONLY purpose for private gun ownership it would be reasonable for the government to store your guns in their own local armories and allow you to pick them up in they declare a national defense event.
If purpose of private gun ownership is to allow me to defend myself when I’m out and about, perhaps I should be allowed to carry a pistol when I’m at the bar. While I’ve never personally been in a situation where I’ve said “You know what would have made that go better? If I had a gun.” … I’ve only gotten in situations close to that when I’ve been out drinking late at night. Not allowing me to defend myself at my workplace, school, or bar kind of defeats most of any personal protection objectives.
If the goal is to only allow home defense, perhaps we only need to allow long guns (rifles, shotguns) and can still ban handguns. Perhaps every casing could be serialized and every transaction recorded and annual inspections done for storage conditions and safety adherence.
> If the purpose of private gun ownership is to empower citizens to overthrow a tyrannical government, then no registration process should be warranted for destructive devices like javelins or SAM batteries.
This is non-sequitur to me. You're describing having the ability to immediately and effectively go to war with the US military and the entirety of the federal government. That's an absolute extreme. In reality, there would be A LOT of steps before that.
I'm in the #8 camp, but rephrased more generally to something I'm sure you've heard- People should be able to own guns to fight back against tyranny. At the absolute extreme, yeah, I'll admit that that includes potentially overthrowing the government, but in reality the scale is much much smaller.
Meaning, people should be able to own guns to bolster their community's defense from both foreign AND domestic threats. The few times that the 2nd Amendment has successfully been put in practice (wrt to fighting the govt), it was against corrupt local governments completely disconnected from any kind of heavy military hardware or active personnel.
I think stepping back and thinking about what "community defense" looks like, structurally, is a good exercise. You'll find that spread out in towns throughout the country, we have caches of equipment and weapons in local armories. In a "defense" emergency, that becomes the local "military gear co-op". A person provides what they can in the form of equipment, supplies, and weapons, and fills in the gaps with the armory. Other community members who are uh... overstocked... on guns and ammo give to the armory for others to use. Again, not at all limited to weapons and ammo, but that's what I'm focusing on here for the sake of simplicity.
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Back to the extreme end- what does overthrowing a tyrannical federal government look like in reality? It doesn't just start out of nowhere with large scale conflict with the US military. It starts with balkanization, communities isolating, picking sides, pooling resources.... over time increasing violent attacks turning into gun fights, spread throughout the country. By the time a direct open conflict starts with a state or federal government, there is no single State or US military, there is no rule of law, and heavy military hardware is spread out among factions.
So while the 2nd Amendment might not be interpreted to mean "Your right to a SAM battery is constitutionally protected", if the extreme purpose of it becomes reality... you'll get your private SAM battery.
One last edit:
A non-exhaustive list of Things I think the 2nd Amendment (or the philosophy behind it) specifically protects:
- An infantryman's personal weapon (infantryperson? community defense is everyone's responsibility) and all equipment/accessories needed to maintain and operate it.
- Typical survival gear: backpacks, boots, mess kit, knives (bayonets! not just for stabbing; they're often multi-function tools), tents, etc
Taken from my nowhere-near-complete understanding of contemporary gear. In 200 years, replace "rifle" with "phased pulse blaster" and "body armor" with "personal energy shield" if we're still stupid enough to be going to war with each other then.
Today's citizen-soldier would carry an AR-15 or variant. If there's one modern gun protected by the 2nd, that's the one.