Setanta wrote:There is no good reason to state that the IInd Amendment does or does not protect the right to possess assault rifles. It is a subject upon which the Federal Courts in general, and the Supremes in particular, have never directly ruled.
Missing from this debate, and virtually everything I've dug up is a
reasonable definition of "Assault Rifles". The century old technology of "semi-automatic" doesn't seem
reasonable to me. This definition would be incredibly overbroad if the intention was to focus on "Assault Rifles". So, what constitutes an "Assault Rifle"? Fully automatic has already been addressed, so that doesn't fit. Large capacity clips are readily available for everything from .22 rabbit gun to Ak-47, and beyond so that doesn't fit. The only mechanical difference between an AK-47 and a standard Semi-Automatic deer rifle is it's "scary appearance." While it's true that "conversion kits" are more readily available for the AK; why would anyone assume the availability of "conversion kits" for standard Deer Rifles wouldn't increase to fill the gap? That would be like outlawing Chevy Camaro's to reduce drag racing, while leaving Pontiac Firebirds alone (basically, the same car with a different appearance.)
If the intention is to reduce the availability of Fully Automatic weapons, while not addressing hunting weapons; wouldn't the only logical course be to implement more stringent laws against Fully Automatic weapons and "conversion kits" for same? I challenge anyone to provide a definition for "Assault Rifle" that is
reasonable. Without which; how could you
reasonably regulate them?
As for 2A, we all have opinions as to the
intent, and how it should be adapted or applied today. I read "the right to keep and bear arms" as citizens armed with the same technology as the government in that day. Since technology has changed so dramatically; I view any court's interpretation as "legislating from the bench". I think a serious congressional debate over a constitutional amendment is called for.