TexasRifleman
Moderator Emeritus
Simple, the basic human right is self defense. How that defense is attained is a separate issue.
I personally think I should be allowed to use flame throwers and full auto weapons in self defense as they would have a much more dramatic impacts (audibly, visually, and biologically) on the bad guys, but I am not going to claim that carrying flame throwers and machineguns are basic human rights. That just plain sounds silly, doesn't it?
IF flame throwers and machineguns could demonstrably be proven through historical record to be the proper tool for the job then we can argue for your flamethrower.
It IS demonstrably provable however that handguns in the hands of law abiding citizens are proper tools for self defense, therefore we CAN make that argument that any government that restricts access to the proper tools for self defense is infringing on a basic human right.
It's hardly a stretch to make that argument...Why do police carry handguns?
Because handguns are the best tool for a human to have, on their person, to defend themselves.If flamethrowers worked better they'd have them. That's just one example of course, but the argument is very strong.
The issues are tied together completely. And in point of fact you CAN use fully automatic weapons for self defense still in most areas of this country, though the government has severely restricted your access to such a thing.
You CAN make the argument that fully automatic weapons are an appropriate tool for some self defense uses, and we make that argument here all the time.
Restriction of HOW you exercise a basic human right is woven into that right no matter what.
Examples of others from the BoR using your analogy
1) You can worship any religion you choose but your access to printed materials regarding your chosen diety requires a permit, a background check, and a $200 tax per copy. You have Freedom of Religion still, just your tools to practice it are limited.
1) You certainly may have freedom of the press but you are not allowed to possess or manufacture a printing press that will print more than one copy at a time with a single pull of the handle. Semi automatic or fully automatic printing presses are illegal and you must have a permit to carry a laptop computer with you if you post to the Internet, and you must keep this laptop concealed on your person. Your rights are not infringed here, just your access to the proper tools right?
I mean, those things are not infringements on your rights at all.... are they.....they are just tools so it's OK.