Very good point. When the Second Amendment was written, "arms" meant a very different thing than it does now. At that time not even the
Minié Ball had been invented. To read the Amendment literally, I should be allowed to bear a fighter jet or a nuclear missile if I want to.
The word "arms" as used in the Second Amendment is presumed to mean
firearms, which are weapons contemporary to that era and which are capable of being borne (carried).
I would think edged weapons, such as switchblade knives, would be included in the Amendment. They are arms.
Yeah -- "bear" is open to broad interpretation. One can "bear a burden" and not be carrying anything. And of course, if the arm in question is borne by a missile, platform or turret, but "I" am in control of that turret, am I not "bearing" that arm via use of a device?
Then of course there's the term "arms". You can also "bear" (physically carry) a small bomb or certainly a grenade. Does 2A then permit me to bear a grenade? "Arms", again broadly, may mean anything used in aggression. We refer to our nuclear weapons as "arms". A baseball bat, provided it's used for that purpose, may be an "arm" in that sense. What about a gigantic bomb, or nuke, triggered by the cell phone in my pocket? As the triggering device that causes it to detonate, am I carrying an "arm" in the cell phone? Does it not contain the power to destroy or not?
However the proper question is ---- was the term "arms" used that broadly in the 18th century? Did they have the habit of referring to a truncheon or shillelagh as "arms"? If they
did not then the term must be taken as it would have been meant at the time of writing.
But interestingly...... that takes us right back to the muskets as the OP points out. It's obvious that the Founders' terms would have reflected the experiences of their day, and could not have encapsulated technologies that hadn't yet been conceived such as nukes, or even the superior accuracy and devastational power of the Minié Ball developed decades later, begging the question, would the Founders have intended that more contemporary level of technology to be included, had they been capable of conceiving tanks and nukes, or even AK-47s?
That's a fair and open question.
In fact the whole Amendment is singularly ambiguous and always has been, that stubborn leadoff subordinate clause still remaining enigmatic since the day it was written. No other Amendment is so composed.
The Framers' intent with the Second Amendment is consistent with that of the rest of the Constitution; to paraphrase Justice Kennedy, the Founding Generation didn't presume to have a comprehensive understanding of what manifests as citizens' rights and liberties – they created a Constitution whose case law would serve later generations of Americans to determine when government has overreached, and acted in a manner repugnant to the Constitution, and when government has acted wisely, enacting appropriate, reasonable restrictions on citizens' protected liberties.
The Second Amendment must also be consistently applied in relation to the jurisprudence of other Amendments and protected rights, such as the First and Fourth Amendments:
“Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second Amendment . We do not interpret constitutional rights that way. Just as the First Amendment protects modern forms of communications, e.g.,
Reno v. American Civil Liberties Union, 521 U. S. 844, 849 (1997) , and the Fourth Amendment applies to modern forms of search, e.g.,
Kyllo v. United States, 533 U. S. 27, 35–36 (2001) , the Second Amendment extends, prima facie,to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.” (
DC v. Heller)
And we know for a fact that the Second Amendment is not 'absolute,' it is indeed subject to reasonable restrictions by government:
“There seems to us no doubt, on the basis of both text and history, that the Second Amendment conferred an individual right to keep and bear arms. Of course the right was not unlimited, just as the First Amendment 's right of free speech was not, see, e.g.,
United States v. Williams, 553 U. S. ___ (2008). Thus, we do not read the Second Amendment to protect the right of citizens to carry arms for any sort of confrontation, just as we do not read the First Amendment to protect the right of citizens to speak for any purpose.”
ibid
From this it's reasonable to infer that prohibiting citizens from possessing tanks and nuclear weapons constitutes a reasonable restriction on the Second Amendment right, where the prohibition of an AR or AK pattern semi-automatic rifle is not; indeed, this is the current condition of the Second Amendment right: the right to possess a firearm pursuant to self-defense, but not a right to possess any firearm so desired, which fails as a reasonable restriction when one considers there's no evidence in support of such restrictions.