Sophisticated firearms & modern weaponry are considered "arms" thus is covered by the 2nd Amendment allowing Americans to have the constitutional right to own them if they choose dumbass.
That would not only be unconstitutional but also extraordinarily coercive, and perhaps even violent. A mandatory confiscation of guns in America would involve tens of thousands of heavily armed federal agents going door-to-door to demand millions of Americans that they surrender their guns and their constitutional rights.
That. Is. Not. Going. To. Happen.
BECAUSE TECHNICALLY YOU ARE FULL OF SHIT.
Except the 2A doesn't allow individuals to have any weapon they like.
The 2A restricts the government, therefore the govt can't prevent individuals from having arms, yet they can prevent them from having certain types of arms.
The Second Amendment reads:
The right of the people to keep and bear arms shall not be infringed.
The Second Amendment doesn’t read: The right of the people to keep and bear arms shall not be infringed except: when it comes to certain types of arms like those which are deemed dangerous or sophisticated or automatic or those not envisioned at the time the Second Amendment was written.
Shall not be infringed. Seems pretty much self-explanatory.
So whenever the govt. attempts to prevent individuals from having certain types of arms, they are in violation of the constitution as well as a person's fundamental rights.
well regulated militia are specifically declared Necessary to the security of a free State, not the unorganized militia.
Yes, however the right to bear arms is the right to be in the militia. The first part of the 2A says that a well regulated militia is what is required, but doesn't demand that a militia be well regulated. It just says it should be.
The nation's first militia's arms were made up of the arms purchased and individually owned by each and every militia member when the Second Amendment was written that is why the founding fathers wrote that he right of the people to keep and bear arms must not be infringed! The later form of centralized arms and issuing arms to members did not come about until many many years latter. You are trying to force your opinion upon the Second Amendment rather than putting it into the historical context in which it was formed and written. Anyone who is an honest student of history who has read the deliberations and discussions around this subject can understand this. It is those who come at it with an agenda to prove have such a hard time with it!
Sort of. However you're not stating things clearly enough.
The reason arms were purchased by militia members wasn't because of the 2A, it was because of the Militia Act of 1792 which essentially forced people to be in the militia and to turn up sufficiently armed. Not much of a problem in those days though.
Secondly you act like there is only one right, the Right to keep and bear arms. There are two rights. The right to keep arms and the right to bear arms. The first is the right to own weapons, the second is the right to be in the militia. This is clear in the records of the Founding Fathers.
Amendment II: House of Representatives, Amendments to the Constitution
Where they said:
"Now, I am apprehensive, sir, that this clause would give an opportunity to the people in power to destroy the constitution itself. They can declare who are those religiously scrupulous, and prevent them from bearing arms."
"Now, if we give a discretionary power to exclude those from militia duty who have religious scruples, we may as well make no provision on this head."
Here it is clear that "militia duty" and "bearing arms" are being used synonymously.
""No one, religiously scrupulous of bearing arms, shall be compelled to render military service, in person, upon paying an equivalent.""
And here "render military service" is used synonymously with "militia duty" and "bear arms".
I'm not trying to force my opinion. I'm actually stating what the Second Amendment ACTUALLY MEANS. Why? Because I've done the research. The simple fact is that you haven't provided a single document to back yourself up with.
Hey, I'll add another one. The Heller case.
"(1) The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home."
My point is that the right to keep arms protects an individuals right to own weapons.
The 2A has the right to keep arms, which is the right of individuals to own weapons so the militia has a ready supply of weaponry that the govt cannot take away. This matches what the Supreme Court said. The part about self defense there has nothing to do with the 2A. There is a right to self defense, not from the 2A, however individuals can use whatever weaponry they have, Knives, TVs, guns, when defending themselves.
"(f) None of the Court’s precedents forecloses the Court’s interpretation. Neither
United States v. Cruikshank, 92 U. S. 542 , nor
Presser v. Illinois, 116 U. S. 252 , refutes the individual-rights interpretation.
United States v. Miller, 307 U. S. 174 , does not limit the right to keep and bear arms to militia purposes, but rather limits the type of weapon to which the right applies to those used by the militia, i.e., those in common use for lawful purposes."
They didn't strike down Presser. Funny that. Do you know Presser? Because Presser said:
"
We think it clear that the sections under consideration, which only forbid bodies of men to associate together as military organizations, or to drill or parade with arms in cities [116 U.S. 252, 265] and towns unless authorized by law, do not infringe the right of the people to keep and bear arms."
So, individuals can't do what they like with their guns. They can't just walk the streets. The right to bear arms isn't the right to carry arms, it's the right to be in the militia. And the Heller case affirmed this.
But hey, if you have any evidence to back up your claims, feel free to present it.