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RedDeerGuy1's avatar

Does the second amendment count for all weapons?

Asked by RedDeerGuy1 (24463points) October 2nd, 2017

Guns, swords, spears, fighter jets, and nukes? What does the second amendment consider arms?

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9 Answers

filmfann's avatar

Well, obviously not. For example, automatic weapons are illegal.

MrGrimm888's avatar

There are many different laws, and stipulations. Full auto is not illegal. It does require a special license though. Shotguns have limits on barrel length. At one point there was a ban on certain weapons, and magazine capacity. That is no longer the case.

Most laws regarding guns in America are about where they can be carried, or transported.
If I’m not mistaken, there is/was a law in D.C. where handguns are illegal. Each state has different laws for firearms sales, possession, and transportation.

rojo's avatar

Over the past thirty years it has been reinterpreted to extend it to cover many different kind of weapons and these weapons are much more available than they used to be.

I believe the the present interpretation does allow for the carrying of weapons such as swords, axes and other bladed weapons although it is possible, even probable, that you may run afoul of state or local laws and ordinances that restrict open carrying but I would hazard a guess that you could fight the local laws and the 2nd Amendment would carry. It would depend on how much you are willing to expend.

As for nukes, well, you can see that while we, as a country, have them we want to restrict the ability of other countries to possess the same. I doubt that we will ever allow for open carry personal thermonuclear weapons.

ARE_you_kidding_me's avatar

Nope, weapons are pretty highly regulated. It is generally understood to cover the types of arms a typical infantry soldier would have access to. We don’t allow most of that though without special licenses. You can’t just go buy an automatic weapon without having special permission, nor can you purchase hand grenades. The limit of what an average citizen is allowed to purchase with a simple background check is a semi-automatic rifle.

rojo's avatar

Self edited. Not even going to bother.

josie's avatar

The Second Amendment says ”...keep and bear…”, to bear meaning to carry.
So it’s a for sure that if you can’t carry it, it isn’t covered in Amendment II.

rojo's avatar

@josie that is subject to interpretation too. We have warped the term “well regulated militia” to include everyone and any one.
By one definition a militia is: “The whole body of physically fit civilians eligible by law for military service.” utilizing that definition at some point in your life you, being ineligible by law for military service, should have to surrender your weapons.

MrGrimm888's avatar

^Nobody is going to “surrender their weapons.”

ARE_you_kidding_me's avatar

So “the people” only refers to citizens fit for service? Don’t think that’s what it says. IMO arguing the 2nd amendment is pointless. Arguing for gun laws that make sense and are not this all or nothing baloney we always hear from the left and NRA after every shooting is what needs to be happening.

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