Ugh, not the same tired old arguments again....
The second line of argument is that both common sense, and certainly the courts, have always recognized that rights are subject to limitations. We all know that the first amendment's right of free speech (Congress shall make no law... abridging the freedom of speech...) does not give you the right to yell "fire" in a crowded theatre.
This argument makes several assumptions.
First, it assumes what common sense is in regard to the issue of restrictions on rights.
Second, it assumes that the courts are correct in their application of limitations on rights.
Third, the "yell fire in a crowded theatre" argument has its own set of assumptions. Can people please quit using this analogy? Like,
forever? It's foolish, and displays a lack of critical thinking and originality in one's argument. Theaters are usually private places. Thus, what constitutes acceptable behavior in the theater is dictated by the theater owner. Aside from that, just because you hear someone yelling "fire" doesn't mean you have an excuse to (as the analogy implies) trample people in your mad dash to the exit. We were taught all through school how to proceed quickly but calmly to the fire exit. An emergency situation does not absolve one of the responsibility of rational thinking and respect for the welfare of others. "Is there really a fire? Where is it? Am I running toward the fire or away from it? Who is this guy who's yelling? Do I smell smoke? Why isn't the manager or usher taking charge of the situation?"
We have all had drummed into us that the fourth amendment doesn't protect citizens from search and seizure, but rather from unreasonable searches and seizures. The eighth amendment protects us from excessive bail and fines, not bail and fines.
"Unreasonable" and "excessive" are explicitly listed in those Amendments. There are no such qualifications in either the First or Second Amendments.
Another line of argument might start by noting that probably the most powerful weapons available in the late 18th century when the Bill of Rights was written were cannons. Cannons are puny weapons compared to weapons today
In the 15th Century, the Turks built a cannon that could fire a 1500 lbs stone ball over a mile. It was still functional 300 years later. I wouldn't call this
puny.
I think we can all agree that weapons of large-scale war should be legitimately forbidden to the general public. No one proposes that megaton bombs, for example, are legitimate in civilian hands, and I think that most of us similarly agree that even smaller military-only application weapons like surface-to-air missiles can be legitimately controlled. On the other hand, I think we can agree that weapons that can be legitimately used for self-defense ought to be allowed. Thus the litmus test for what's permitted should be "Is this a weapon that has legitimate self-defense use?"
More assumptions.
If self-defense is the litmus test, then why state
We also need to consider the fact that an armed society is the final barrier to totalitarian rule. It is a historical fact that totalitarian regimes have had to disarm their societies before they could start their mass slaughter
Would not a totalitarian regime have access to these more powerful weapons?
Is fighting a totalitarian regime or repelling an invading army not a form of self-defense?
As to the question of megaton bombs and their parallels, let's consider the following:
Some people consider private ownership of guns to be a threat, period. It matters not how the gun is handled. It matters not whether the gun is pointed at them. Its mere
possession is considered to be a threat.
But what of other weapons? Knives and cars may be used to kill people. Does anyone consider the mere
possession of a knife or car to be an automatic threat? Certainly not. They are considered threats based on how they are handled. We don't consider someone to be a threat just because they have a knife in their pocket. It's not until they express an intent to use it, or wield it in a way that stands a good chance of injuring someone else that we consider it a threat. Likewise, just because someone has a car, or is driving a car, we don't consider them a threat. It's not until they have the car pointed at us, while revving the accelerator, or are drunkenly weaving down the road that we consider them a threat.
If we don't apply the context of intent and behavior to determine a threat, then there is literally no object that cannot be considered a threat to someone's safety. It is in this manner that we should determine the threat of firearms and, yes, even nukes. Someone who is merely in possession of a firearm is not a threat until they express an intention to use it against someone, or handling it in a manner that stands a reasonable chance of harming someone else. The same goes for grenades, bazookas, and ICBMs. (I will admit that it may be much easier to handle a bomb in a way that has a reasonable chance of harming others.)
There is but one reasonable limitation to any action... And that is,
"At what point does exercise of this action violate the rights of someone else?" Rights don't have limitations. An actions ceases to be a right when the action violates the rights of another.