Why Did it Have to be … Guns? (He is absolutly right)

[Eskimo Jim]

AZ,
I agree with your recent post. Individual weapons system is protected by the 2nd A. What about mortars etc. They are 'manportable'. Rather than get caught up in that line issue I'd rather bring up another point.

Someone earlier referenced letters of marque. A letter of Marque is essentially state or government approved piracy. If that is protected in the Constitution, and a warship is a crew served weapon, wouldn't that mean that crew served weapons are also protected by the Constitution?

-Jim

 

[Radix]

Just an item of interest for Jeff, who said:

Okay, I'm still waiting for my neighbor to build a Cruise missile.

No worries, your wait is over...
The $5000 homebuilt cruise missle project

Just an interesting aside-

Loving the debate gents, carry on...

 

[iapetus]

Eskimo Jim

Someone earlier referenced letters of marque. A letter of Marque is essentially state or government approved piracy. If that is protected in the Constitution, and a warship is a crew served weapon, wouldn't that mean that crew served weapons are also protected by the Constitution?

Trying to think this through "logically"...

It mean you need a license to use (certain types of) crew-served weapons (warships) against enemy merchant shipping...

AFAIK, it doesn't say say anything about whether or not you need a license to own the warship in the firstplace...

And "logically", I suppose if the constitution regulates the use of private warships, and doesn't make any mention of their ownership then
by default it assumes such private ownership is legitimate.


That said, I wouldn't say owning a warship is a "Constitutionally protected right", unless a warship is an "arm"...

But if there is nothing specifically restricting ownership of a warship (or any other crew-served weapon), then there is no reason not to own one (unless or until a 10th Amendment-compatible law is made against it).

 

[Brian Dale]

Eskimo Jim, I agree, except that I'd change your definition of a Letter of Marque as

state or government approved piracy.

It's state- or gov't-approved warfighting by individuals who are not in the regular naval and military forces of the nation. Piracy is done in violation of the laws of one's nation and of the sea; fighting on behalf of one's nation (including the destruction or seizure of enemy resources) is completely legitimate.

Back to the original point: I agree that private ownership and use of larger types of armament was traditionally held to be quite acceptable.