Under a reasonable interpretation, whether one supports the 2nd Amendment or not, "Arms" covers (at least) anything an individual U.S. soldier might use in war; this includes full-auto weapons, suppressors, night-vision goggles, body armor, grenades.[1]
[1]: If we were shipping items to a foreign country to help them in war, would a news editor be comfortable using the term "Arms" in the headline? If so, the 2A probably protects its ownership by American citizens.
What we would call modern rifles were not invented until 1890's, with semi-auto and fully auto rifles not invented until about 1910 and not widely available until the 1930's.
The minie ball was not invented until 1830's and did not see wide use until the American Civil war and after in the 1860's. The Founding Fathers were working with muskets and only muskets, they never imagined that the average person could own a AR15 (M4).
https://en.wikipedia.org/wiki/Rifle#Historical_overview
They were more accurate than muskets, but slower loading, so muskets were preferred.
Not true; see https://en.wikipedia.org/wiki/Machine_gun#Early_rapid-firing...
> In 1777, Philadelphia gunsmith Joseph Belton offered the Continental Congress a "new improved gun", which was capable of firing up to twenty shots in five seconds [...] Congress requested that Belton modify 100 flintlock muskets to fire eight shots in this manner
1777 was 14 years before our Bill of Rights was ratified, and 4 shots/second is faster than an average person can fire any semi-auto weapon, including an AR-15.
Also, do you really think the Founding Fathers didn't envision technological advancement? Of course they couldn't have predicted exactly what our current technology looks like, but I'm sure they saw the progression from clubs to swords to guns and expected weapons to continue getting more effective. How could anybody not expect technology to advance over time? It's literally been doing that since the beginning of the world.
I should have been more clear. I meant Machine Guns that a regular person could carry and fire without setting up a stand. Maxim and Browning had demonstrated Machine Guns around 1880 to 1900, but they were big and heavy and not something a single individual would carry and they clearly were not for the civilian market.
> 1777 was 14 years before our Bill of Rights was ratified, and 4 shots/second is faster than an average person can fire any semi-auto weapon, including an AR-15.
The evidence that these guns existed is scant; https://en.wikipedia.org/wiki/Belton_flintlock The 4 bullets pistols are the only example they have and that idea is an old and well known one.
> Also, do you really think the Founding Fathers didn't envision technological advancement? Of course they couldn't have predicted exactly what our current technology looks like, but I'm sure they saw the progression from clubs to swords to guns and expected weapons to continue getting more effective. How could anybody not expect technology to advance over time? It's literally been doing that since the beginning of the world.
You are looking at this with 21st century eyes where every 10 years the world changes so much. The world of the Founding Fathers in 1788 was a world very similar to the world of 1688 and 1588. The food and clothes were different and not much else. To say that the Founding Fathers could have imagined a AR15 or AK47 is real stretch of the imagination. I am pretty sure that if you walked into the Constitution Convention of 1787 and laid out an AR15 and said, "One day a young man with this weapon will walk into a school and kill 20 children and 6 staff members with one of these and mass shootings happen with regularity." I am pretty sure the 2nd Amendment would be a lot different and a lot more clear.
> The evidence that these guns existed is scant
Yes, but the idea of them existing was enough to interest Congress, who tried to order 100 of them. They backed out of their order due to the cost. If they had existed at a reasonable price, one can assume Congress would have gone through with their order.
> The world of the Founding Fathers in 1788 was a world very similar to the world of 1688 and 1588
You're discounting the technological advancement of that era just because we've had more inventions in recent history. Innovation happened slower back then, but there were still large improvements in technology during the Founding Fathers' lives. Ben Franklin, who was one of the Founding Fathers himself, invented a lot of stuff during his life.
> You are looking at this with 21st century eyes
So are you. One of the reasons American citizens haven't had to bear their arms (some exceptions[1][2][3][4]) is because we have them and are able to use them if necessary. Few people are willing to die for a cause, and far fewer are willing if they have reason to expect their death will be in vain, and for their side to lose.
People are only willing to give up the rights they have now because they don't know what it was like without them.
> I am pretty sure that if you walked into the Constitution Convention of 1787 and laid out an AR15 and said, "One day a young man with this weapon will walk into a school and kill 20 children and 6 staff members with one of these and mass shootings happen with regularity." I am pretty sure the 2nd Amendment would be a lot different and a lot more clear.
We definitely agree that the Founding Fathers would be horrified by modern society. However, I don't think their reaction would be to limit firearm ownership. (Probably, they would probably want to know why tax dollars are going to the federal gov't to create public schools and why adults failed the kid) Would they have also changed the First Amendment to limit religion to Christian/Puritan variants? Probably not; they created the Bill of Rights to acknowledge rights that no human can morally take from another person, since the rights come from God*.
Ultimately, we can't prevent others from causing harm. Making black powder is easy and cheap, and tossing some fireworks in a pressure cooker or a pipe is something anyone can do. If we could hypothetically remove all guns from the entire world, badguys would cause harm through other methods, such as bombings or vehicle attacks[5]. We need to fix the root causes of these evils, not ban the weapon(s) they currently use so we can feel good about doing something.
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Lastly, I'm assuming you made this mistake in good faith but implying that our priority for minimizing mass murders should be banning AR-15 style rifles is misleading. Most mass shootings are committed with handguns[6]. So why not ban handguns then? Because in America, guns are used in a defensive manner far more often than they're used to murder people[7][8].
[1]: https://en.wikipedia.org/wiki/Battle_of_Athens_%281946%29
[2]: https://en.wikipedia.org/wiki/Ruby_Ridge
[3]: https://en.wikipedia.org/wiki/Bundy_standoff (not an endorsement, but it's relevant)
[4]: https://en.wikipedia.org/wiki/1992_Los_Angeles_riots#Korean_...
[5]: https://en.wikipedia.org/wiki/2016_Nice_truck_attack
[6]: https://www.washingtonpost.com/news/local/wp/2016/06/16/why-...
[7]: https://en.wikipedia.org/wiki/Defensive_gun_use
[8]: https://ucr.fbi.gov/crime-in-the-u.s/2018/crime-in-the-u.s.-...
> Because a well disciplined military is necessary for democracy, the right to join and serve in the military shall not be infringed.
Same meaning as the original, but no bullshit about AR-15 and atom bombs or whatever.
* You can read the Bill of Rights for yourself and see that all 10 Amendments are to protect the citizens from the government abusing its power against them. Why would the 2A be the only Amendment to grant the government a right?
* Why does the government/military need a right to own arms? Of course the government can own arms, that's part of it's job. The 2A was created to preserve that right for the people so the government could never take it away.
I'm not trying to shout my "talking points" online. I really would appreciate answers to these questions, since I don't see how you can justify your opinion.
(Also, to nitpick your suggested alteration: The BoR is about God-given rights that nobody can take away without just cause. That means, for example, that I can say whatever I want no matter how hateful it may be. I don't have a right to join an organized force however, especially one that necessarily has restrictions on membership - fitness, intelligence - so using your suggested text instead would be problematic)
> [whereas] …By causing several good subjects being Protestants to be disarmed at the same time when papists were both armed and employed contrary to law; > > […therefore] That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of Parliament, is against law; > > That the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law;
The defense was collective (and legally regulated!), not individual. The part about the standing army is worth noting as well. The police weren't invented until 1829 century by Robert "Bobby" Peele. So how did they stop crime? Sherifs would round up a posse as needed, towns would have night watchmen, and areas would have militias. A standing army was a centralized military that was controlled by the king instead of by local forces. In the US, standing armies were super unpopular, but Washington and others recognized that practically speaking, you can't win a war with a militia (the equivalent of a police department). The founders said negative things about standing armies but couldn't bring themselves to ban them.
In the American context, there were two particular cases people worried about that the Second Amendment was meant to address, besides just having a non-federal military.
First, in border territories with Native Americans, every eligible white male would be drafted into the militia. If the Federal government wanted to cede some territory to the Indians against the wishes of the residents (ala Israeli settlers in Gaza), it could just make a law to disband the militia. This would effectively cede the territory because they wouldn't be able to prevent raiding. Not a likely move by the federal government, but possible and something to prevent.
Second, in slave territories, every eligible white male would be drafted into the slave patrol. If the Federal government wanted to force the end of slavery, it could just disband the slave patrols and the specter of slave revolts would make the continuation of slavery impossible. This was a real possibility and one that slavery supporters wanted to cut off.
So, is the second amendment an individual right or a collective right? It is an individual right to participate in the armed forces.
Why does such a right matter? Look at Hong Kong right now. So far, only the local police are involved. In Shenzhen, just across the water, there are enormous numbers of PLA troops hanging around and doing "exercises" but so far only the local police have been involved in the protest clashes. To win a revolution requires the organized people with guns to decide to go with the masses rather than their political leaders, and that requires the armed forces to be composed of and identity with the people. The HK police have already begun to turn against HKers. The PLA does not give one single crap about HK and if they come in, they will smash the city to the ground.
The only way to prevent tyranny in the US is for the armed forces to think of themselves as "Americans" and not "The President's Army". To the extent that we have crime problems in cities, it is because the people who are shooting and get shot don't trust the police to solve their problems, so they do it themselves. There must be unity between the masses and the people with guns for there to be democracy. That was the goal of the second amendment.
Thanks for your thought-out response. Just from reading your post I still don't see how you're arriving at some of the conclusions you are, but I'll research your angle.
Cheers!
And do you really think that the Founding Fathers wanted to limit gun usage to military members?
* The 2A was created to protect the citizenry from a tyrannical government, whether it was foreign or domestic; allowing only the government to have guns would work against that.
* You can read the Bill of Rights for yourself and see that all 10 Amendments are to protect the citizens from the government abusing its power against them. Why would the 2A be the only Amendment to grant the government a right?
* Since when does the government/military need a right to own arms? Of course the government can own arms, that's part of it's job. The 2A was created to preserve that right for the people so the government could never take it away.
Also, you're ignoring the part about citizens being allowed to keep their arms.