What constitutes a "brearable arm" as thet term is used with regard to the 2nd?

Discussion in 'Opinion POLLS' started by TOG 6, Oct 13, 2017.

?

Which classes of firearm do NOT qualify as "bearable arms" as the term is used w/ regard to the 2nd?

  1. Handguns

  2. Shotguns

  3. Rifles

  4. Semi-automatic rifles

  5. 'Assault weapons'

  6. Machineguns

  7. None of the above

  8. All of the above

  9. Other

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  1. Xenamnes

    Xenamnes Banned

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    Perhaps it should be discussed why any states still maintain prohibitions on non-firearm type weapons in light of the Heller ruling, which said the second amendment extends prima facia to all implements that might constitute bearable arms, that one might take up in their own defense? How are prohibitions on various types of knives, bludgeons, and weapons of an oriental nature still legally prohibited?
     
    Last edited: Oct 27, 2017
  2. TOG 6

    TOG 6 Well-Known Member

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    Like... handguns?
     
  3. rahl

    rahl Banned

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    which I haven't done. I am repeating the correct position, and backed it up with a supreme court ruling.
     
  4. rahl

    rahl Banned

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    I agree. I was just using my state as an example.
     
  5. Le Chef

    Le Chef Banned at members request Donor

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    Okay, I'll try. If a liberal state like Oregon wants to pass a law prohibiting possession of AR-15's or 12-gaude automatic shotguns, or whatever, the smoke-filled room discussions will revolve around how the restriction will play with the voters, not how it will play with the Supreme Court. I don't say that's a good thing. And obviously they will cherry pick language from Heller (and Miller) as everyone else is doing, except for you and I of course.

    I am in Texas, so you don't have to worry too much about such a restriction originating down here, LOL.

    There are politicians who would actually relish a "loss" at the Supreme Court so that they can run on a "He Stood Up to the Gun Nuts!" platform.
     
  6. ARDY

    ARDY Well-Known Member Past Donor

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    I DID NOT SAY IT WAS NOT POSSIBLE....
    I asked for someone to present a viable scenario
     
  7. Xenamnes

    Xenamnes Banned

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    There are certain examples that are of such significant size, that no holsters exist. Such would render it difficult to legally bear one of these examples without doing so constituting brandishing.
     
  8. Xenamnes

    Xenamnes Banned

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    And as has been explained multiple time, Heller does not state what is being claimed by yourself. Nor can it be demonstrated by yourself how it does. All that can be done is repeating the false claim that such is not the case, even though there is no evidence to support such a claim as being factually accurate.
     
  9. rahl

    rahl Banned

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    I've quoted them doing so, lol
     
  10. Xenamnes

    Xenamnes Banned

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    Only to be refuted with the fact that Heller did not speak about newly manufactured fully-automatic firearms, either in terms of possession or carrying, or nuclear devices. Heller was about neither, so it spoke on neither. It does nothing to validate the legal landscape on these particular subjects.
     
  11. rahl

    rahl Banned

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    it wasn't though. its why you cant own nukes, or machine guns made after 86.
     
  12. TOG 6

    TOG 6 Well-Known Member

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    And so, handguns, as a class of firearms, are not bearable arms?
     
  13. Bastiats libertarians

    Bastiats libertarians Well-Known Member

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    What about puckle guns? Fully automatic weapons that existed before the constitution. The idea that they did not know about self repeating firearms back then is laughable.
     
  14. Ndividual

    Ndividual Well-Known Member

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    Slings? But not easily concealed.
     
  15. ARDY

    ARDY Well-Known Member Past Donor

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    Is there any evidence these weapons were deployed in the revolutionary war... or even the war of 1812. And if not, why not? Because as you seem to imply, everyone was very familiar with this devastating weapon for almost 100 years
     
  16. Ndividual

    Ndividual Well-Known Member

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    Slings? But not easily concealed.
     
  17. TOG 6

    TOG 6 Well-Known Member

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    It is also irrelevant.

    The Court has held that “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,”
    https://www.supremecourt.gov/opinions/15pdf/14-10078_aplc.pdf
     
  18. jgoins

    jgoins Well-Known Member

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    Any scenario could be possible with the exception of maybe space aliens, well that is still possible. The most likely one could be paratroopers dropped in the middle of the nation comprised of thousands of troops and hundreds of aircraft. Planes can travel low enough to avoid our radar and only come up to drop altitude.
     
  19. jgoins

    jgoins Well-Known Member

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    I am spit-balling here but how about state's rights?
     
  20. Xenamnes

    Xenamnes Banned

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    States do not possess rights.

    Beyond such, it does not actually address the question. Heller and later McDonald stated the second amendment extends to all implements that may constitute bearable arms, meaning it applies to more than simply firearms. So why are states maintaining legal prohibitions on bludgeons, various types of knives, metal knuckles, and weapons of an oriental heritage, if such can be effectively used for purposes such as self defense, and do not pose the same risk of deadly force as firearms?
     
  21. Xenamnes

    Xenamnes Banned

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    Thus ignoring the raised points as to why Heller has nothing to do with either topic. Although seeing as Heller states that restrictions cannot be arbitrary or capricious, the prohibition on newly-manufactured fully-automatic firearms is unconstitutional on that basis alone, as the date is both arbitrary, and capricious.
     
  22. Xenamnes

    Xenamnes Banned

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    Such was certainly never said.
     
  23. Le Chef

    Le Chef Banned at members request Donor

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    Are you sure Heller said that? Where?
     
  24. ARDY

    ARDY Well-Known Member Past Donor

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    Sorry. I do not see that as even close to viable. It is difficult to even fly in a single plane with drugs. Flying in a fleet of planes with paratroops is only viable in a Hollywood movie
     
  25. Xenamnes

    Xenamnes Banned

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    Page fifty nine of the ruling.

    Respondent conceded at oral argument that he does not “have a problem with . . . licensing” and that the District’s law is permissible so long as it is “not enforced in an arbitrary and capricious manner.” Tr. of Oral Arg. 74–75. We therefore assume that petitioners’ issuance of a license will satisfy respondent’s prayer for relief and do not address the licensing requirement.

    It is exceptionally difficult to build the case that prohibiting firearms from private ownership, based entirely on the date of their construction, is neither arbitrary nor capricious, especially when the firearms themselves remain available for private ownership.
     

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