Because no one seriously thought the 2nd Amebdment plausibly created an individual right until the past 30 years or so. Even the 'NRA was pro gun control in the 1960's. And, even nutty originalists like Scalia in Heller don't believe that any judicially created individual right isn't subject to broad State regulation. If it weren't, the amendment would be a suicide pact. It says "arms," not guns. Can you posses an anti-aircraft missile? A5,000 oh. Smart bomb? A nuclear warhead? Apparently some nitwits in this thread write as if they think that's what it means.
Originally Posted by TexTushHog
I am not certain that is the case, sir.
Many of the founders and other writers of that time, including ones quoted in this thread, wrote many pages on the right to bear arms. In fact, and please dont make look it up, but can if needed, at one point post revolution, it was mandated that every man own a firearm. I think that law passed after the bill of rights passed but before it was ratified. Given that it was an individual mandate, how could it not also, given the ratification of #2 around that same time, be an idividual freedom?
Moreover, and even if somehow it was not considered to be at the time, in the late 1800's after the 14th was passed, it was at least thought by some that the 2nd should be extended to individuals. Again can look up the case if anyone needs it. It was rejected then but I believe after Heller, another case Mcdonald vs Chicago, using an argument similar to the 1800's case, the SCOTUS ruled it should be incorporated based on the 14th.
Because of that how is it still treated differenlty that #1?
Im not saying we should get to have nuclear briefcases or even RPGs. Scribe should be able to walk around with his sword, though.
I also dont feel everyone needs a gun. The only gun I own is between my legs... I do think everyone should be able to get one or ten if they choose. We need to do better on the "gun ho" mentality and see #2 as an aweful but quite needed burden. It isnt for individual self defence.
It is for that tragic circumstance where our government begins to oppress its people. Today we will never see a day where it happens on such a scale where an uprising of the people is promted. RBG, I pray is right, in that she feels it is an obsolete amendment. I hold to an older motto, however: si vis pacemn, para bellum.
Is it not better to have and not need, than to need and not have?
Lets move away from legality and look at it more conceptually.
The idea to prevent the government from regulating firearms came from old prosciption acts in England over Scotland. (Think Braveheart, "they will not let us train with weapons, so we train with stones") The founders saw standing armies against an unarmed populous as something they could never allow.
Now the army today does have RPGs smartbombs and other things that go BOOM. Id prefer at least a semi auto rifle over a few pebbles in an makeshift sling shot.