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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsScalia: Hand-held Rocket Launchers Probably Protected Under Second Amendment
Whoa, there, Pepaw Scalia? What's that you say?
http://thinkprogress.org/justice/2012/07/29/602491/scalia-rocket-launcher/?fb_comment_id=fbc_10151108318031007_24145574_10151108356451007#f88b4e294
SCALIA: Well see. Obviously the Amendment does not apply to arms that cannot be hand-carried its to keep and bear, so it doesnt apply to cannons but I suppose here are hand-held rocket launchers that can bring down airplanes, that will have to be decided.
WALLACE: How do you decide that if youre a textualist?
SCALIA: Very carefully.
Well, I'll be hornswaggled. I can hold an Ebola virus in my hand, so Antonin might be in favor of cracking open the CDC vaults and having a fire sale! We'll see!
I thought words in the Constitution only mean what they meant back then, Justice Scalia. That's originialist, right? There's no freaking way the Fathers could have understood "arms" to be hand-held rocket launchers, so they're out by your idiotic principle. As are automatic and semi-automatic rifles, explosive-point bullets, magazine feeders, the whole lot of it. Own your position and all it entails. Shut it all down, I double dare you.
Make my day.
alcibiades_mystery
(36,437 posts)What about MY vehicle-held 5rocket launchers! The gun grabbers won't be satisfied until they've confiscated my Katyushas! From my cold, dead, Soviet era trucks will you confiscate them!
(Our last hunting trip - love me some roast pheasant!)
Bolo Boffin
(23,796 posts)That takes me back...
Zorra
(27,670 posts)[div style="display:inline; background-color:#FFFF66;"][font color="blue" size="size" face="face"]VAN HELSING PEST CONTROL[/font]
....
Guided systems are critical for bring down flying vampires. They're really quick.
C_U_L8R
(45,019 posts)for hunting those various types of small varmints and rodents
Bolo Boffin
(23,796 posts)Only outlaws will have suitcase nukes.
We need to be able to overthrow the government if we want to, right? Start doling the warheads! First come, first served... and the "no pushing" rule will be STRICTLY enforced.
d_r
(6,907 posts)gollygee
(22,336 posts)Should we have the right to tote around hand grenades?
Bolo Boffin
(23,796 posts)warrior1
(12,325 posts)one of the most dangerous man in the country.
Response to warrior1 (Reply #8)
Post removed
justanidea
(291 posts)Of course it requires paying a $200 fee, submitting a long application complete with your fingerprints and signed off on by your local police chief. Then the FBI conducts a background check and in about 3 months, you get your approval to buy that one specific grenade launcher that was listed on your application.
Same process for machine guns, silencers, and short barrelled rifles/shotguns. Each item is also registered to you.
Patiod
(11,816 posts)Wouldn't want to step on your right to own a grenade launcher!
Kaleva
(36,333 posts)And have been for a long time.
leveymg
(36,418 posts)Last edited Sun Jul 29, 2012, 10:08 PM - Edit history (1)
Kaleva
(36,333 posts)Bazookas, a hand held rocket launcher, are legal according the the ATF as they are considered to be destructive devices. A Stinger may be classified as a weapon of mass destruction by ATF and thus not legal to own. Hand held grenade launchers and motors are legal to own and one can find them for sale on the internet but they are very expensive.
Here's a grenade launcher for sale for $11,900.00:
http://www.autoweapons.com/photosv/sagl.html
leveymg
(36,418 posts)Last edited Sun Jul 29, 2012, 10:07 PM - Edit history (1)
Guess the answer to whether it's a "weapon of mass destruction" depends upon what one shoots down with it. Doesn't it? Little late for BATF to change its approval after the fact, isn't it?
Reasonable_Argument
(881 posts)It's also a $200 dollar fee for every round for something like the m203. Each round has to be registered as a destructive device.
Coexist
(24,542 posts)can common sense never be infused into this debate?
hack89
(39,171 posts)elehhhhna
(32,076 posts)Bolo Boffin
(23,796 posts)elehhhhna
(32,076 posts)Bolo Boffin
(23,796 posts)If the Second don't cover it, the Tenth reserves it to the people!
Kaleva
(36,333 posts)Baitball Blogger
(46,756 posts)If you can't use rocket fireworks on the Fourth of July because of ordinances, surely you can't use handheld rocket lanchers?
Or is the public safety concerns something that Scalia has forgotten is part of his job as a Supreme Court Justice to weigh into his reasoning?
Kaleva
(36,333 posts)In the town I live in, one can get a ticket for just firing off a gun. It isn't strictly enforced as one can hear a lot of gunfire in town during the 4th of July.
spanone
(135,862 posts)DCBob
(24,689 posts)This is sick.
Initech
(100,100 posts)hack89
(39,171 posts)"It will have to be decided in future cases," Scalia said on Fox News Sunday. But there were legal precedents from the days of the Founding Fathers that banned frightening weapons which a constitutional originalist like himself must recognize. There were also "locational limitations" on where weapons could be carried, the justice noted.
When asked if that kind of precedent would apply to assault weapons, or 100-round ammunition magazines like those used in the recent Colorado movie theater massacre, Scalia declined to speculate. "We'll see," he said. '"It will have to be decided."
http://news.yahoo.com/scalia-guns-may-regulated-100352809.html
tanyev
(42,601 posts)appal_jack
(3,813 posts)Last edited Mon Jul 30, 2012, 03:09 PM - Edit history (1)
I am a of Cockburn and appreciate the social conscience he brings to bear upon many issues, but that song was admittedly a (musical) low point for him.
-app
blues lover
(13 posts)In 1985, I was smuggling medical supplies to the Sandinista government in Nicaragua. I had heard stories from American nurses about our CIA financed 'freedom fighters' blowing up water treatment plants, schools and clinics in their blind pursuit of capitalism . As I drove, i listened to this song and Dire Straits 'Brothers in Arms' album. A third was Sting's songs about the mothers of the disappeared.
At the time, I considered all of these songs as social commentary about the ongoing slaughter in Central and South America in the quest for corporate expansion. As a military vet, I had been punished by my peers for volunteering to serve my country at what I perceived(wrongly it turned out) to be a threat to Amerika... I was trying to give back and regain my perceived honor.
I'm still offended when the powerful crush the poor just because they can.
Just in case you've forgotten, the savagery unleashed on the population back then has its probable blowback in the rise of the drug cartels IMHO.
derby378
(30,252 posts)Kaleva
(36,333 posts)They are considered to be destructive devices and as such, must be registered but they are legal to own.
http://www.atf.gov/firearms/faq/national-firearms-act-firearms.html#conversion-kit
Here's a grenade launcher on sale for $11,900.00.
http://www.autoweapons.com/photosv/sagl.html
toddwv
(2,830 posts)kooljerk666
(776 posts)Last edited Sun Jul 29, 2012, 07:41 PM - Edit history (1)
The right to possess doomsday weapons shall not be infringed...........
http://futurama.wikia.com/wiki/NRA
(PREV WRONG BUT GOOD LINK FOLLOWS)
http://futurama.wikia.com/wiki/Doomsday_device
-..__...
(7,776 posts)There's nothing in his comment that suggests he would be perfectly fine with civilians being able to posses "hand-held rocket launchers".
Waaaay too many drama queens grasping at straws here.
PavePusher
(15,374 posts)It's all the Anti-Constitutionalists ever have... on both sides.
no_hypocrisy
(46,168 posts)Can you possess and use nuclear weapons under the Second Amendment?
-..__...
(7,776 posts)I'd be fine with limiting possession to 16 kilotons (the same wallop as "Little Boy" , and under per device.
Possession of more powerful devices (or if more than one, a combined yield of greater than 16k), would
be allowable with certain restrictions (safety course, demonstration of proficiency with range requirement, must be safely stored and not within 1,000' of a school, etc).
sarisataka
(18,755 posts)a child-proof lock
I would also want a test to demonstrate knowledge of fallout patterns so as to unduly bother the neighbors
PavePusher
(15,374 posts)There, fixed it for you.
See how stupid that sounds?
The Blue Flower
(5,444 posts)We're talking about right to life in a crowded movie theater. What are you talking about?
sarisataka
(18,755 posts)some think the 2A is limited to the technology of the time. If that is the case the 1A would also be limited to the technology of the time.
So either it is a specious argument or the government can restrict any electronic media to any degree they wish.
quaker bill
(8,224 posts)It is just silly. The act of reading and writing has not changed because the media is a bit different. One could reasonably argue that real literacy has declined with the "improved" technology.
The act of shooting has changed because it can be done at a much higher rate and greater lethality. The poster is right, none of the founders considered rocket propelled grenades, and may well have had a different opinion had such existed. It could easily be that the 2nd amendment would have been worded differently had such weapons existed.
Believe it or not, the Constitution was the product of men living in the context of their time. It did not come down from a mountain engraved on stone tablets by the finger of God.
sarisataka
(18,755 posts)communication today is the same as the 18th century??? Why do we call this the information age?
In 1799 if you wanted to tell someone an idea you had to physically speak to them, send a letter that would take days, weeks or more, or write a book or pamphlet and try to get it to your audience.
Here we can be on opposite sides of the world and communicate as if we sat next to each other.
So what changed? The technology.
If you wanted to shoot a gun in 1799 you had to load a musket with powder and ball, then fire it. Today you load a magazine and fire it.
So what changed? The technology.
The act of communicating has changed because it can be done at a much higher rate and to a greater audience.
I do agree, but that can be said for any part of the Constitution. If they could see what a mess our Presidential elections are, they may never have written in the Electoral College, but they did, so we have it.
You do realize this is my argument? The principles can be applied to things the founders cannot have imagined, as we cannot imagine what our country will look like in another 200+years.
And yes, the document can be changed- that is why it is the Second Amendment
PavePusher
(15,374 posts)kentuck
(111,110 posts)I don't have to hide my tank and submarine anymore??
Kaleva
(36,333 posts)Here's a T-72 that can be had for less then $50,000.00. The weapons are deactivated but one doesn't need a cannon to get a parking spot or the right of way.
Vattel
(9,289 posts)They don't believe, for example, that "arms" refers only to weapons that were around in the 18th century.
derby378
(30,252 posts)Otherwise, this very blog wouldn't be protected under the First Amendment. Damn, that was easy.
Bolo Boffin
(23,796 posts)A: Yes, yes. Sorry, to tell you that. ... But, you know, if indeed the current society has come to different views, that's fine. You do not need the Constitution to reflect the wishes of the current society. Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn't. Nobody ever thought that that's what it meant. Nobody ever voted for that. If the current society wants to outlaw discrimination by sex, hey we have things called legislatures, and they enact things called laws. You don't need a constitution to keep things up-to-date. All you need is a legislature and a ballot box. You don't like the death penalty anymore, that's fine. You want a right to abortion? There's nothing in the Constitution about that. But that doesn't mean you cannot prohibit it. Persuade your fellow citizens it's a good idea and pass a law. That's what democracy is all about. It's not about nine superannuated judges who have been there too long, imposing these demands on society.
See that? The words in the 14th Amendment are bound by their 19th century meaning. The 14th amendment, meant to guarantee the equality of all American citizen, in the view of Scalia hopelessly binds America to the morality of the 19th century. Instead of a beacon of light, it's a chain of enslavement.
I've simply carried Antonin's logic and applied it to the Second. Obviously he doesn't feel that way about the Second because gunny guns gun shiny guns. Thanks for missing the sarcasm and the point.
slampoet
(5,032 posts)and that just means point it toward the enemy.
Marengo
(3,477 posts)And you have personal knowledge of what the founders "understood" how?
former9thward
(32,068 posts)He said no such thing as is demonstrated by the transcript in the OP. SC justices are not allowed to say with certainty how they would rule on the subject matter of cases that have not come before the court. That is why they give vague answers in confirmation hearings. That also is what happened here. Criticize Scalia for what his opinions are, you don't have to make things up.
Bolo Boffin
(23,796 posts)Following me from another thread in which you lied about me to send more bullshit my way? People will say you're in love.
ETA: Lighten up, Francis.
former9thward
(32,068 posts)You continue to post things that you have made up.
Bolo Boffin
(23,796 posts)Ooooh, you'll really hate my tweet on this:
The nerve of me! At least I put "probably" in the headline! On Twitter I said he flat out said they were all legal! And the CDC would never sell me Ebola Zaire! They wouldn't even sell me Ebola Reston, and it's not contractable by humans. And they DON'T take Visa cards. I can't even figure out if their free museum with free parking has a gift shop that takes Visa. THE NERVE OF ME!
Shorter former9thward: "Bolo Boffin is the worsest person ever. Him make jokes at Scalia's expense that exaggerate the truth slightly. Him so bad."
Rosa Luxemburg
(28,627 posts)derby378
(30,252 posts)The kids'll love it on Independence Day! (Just watch that molten copper jet - it's nothing to screw around with.)
nadinbrzezinski
(154,021 posts)And one of these too
Who knew?
Thanks Justice.
I am sure the Founders envisioned them too... I mean the closest to rockets at the time were these guys...
http://en.wikipedia.org/wiki/Congreve_rocket
And that is not even 1782... but by 1812 the Congreves were like top of the line military tech.
I am sure The Founders MEANT stingers... yes siree! They did.
Do I really need this?
Bolo Boffin
(23,796 posts)One of our founding documents!
Has anybody pointed out flamethrowers yet? Man, Imma get me a flamethrower, take it to a knife fight, whoooosh!
RedStateLiberal
(1,374 posts)apocalypsehow
(12,751 posts)join their state National Guard, not strut about town with a pistol perched in their pants.
When we get a couple of more progressive Supreme Court justices over the next few years, the 2nd amendment will go back to being properly interpreted as applying only to state "militias," in our context, the National Guard, again.
There is no Federal constitutional right for any citizen to own a gun. Period.
derby378
(30,252 posts)Let me bring you up to speed:
[font color=red]DC v. HELLER.[/font]
You have the right. I have the right. We have the right.
You're welcome.
apocalypsehow
(12,751 posts)Once a progressive majority gets on the court, the misguided Heller ruling will be overturned.
Also, find it interesting you're trumpeting a ruling the majority opinion of which was written by a right-wing asshole like Scalia....
( )
derby378
(30,252 posts)Just don't ask me to think of anything good that Adolf Hitler did with his life, because I can't.
The Second Amendment is here to stay. Not asking you to pick up a gun, just to respect our rights.
apocalypsehow
(12,751 posts)Your "right" to strut about town with a pistol perched in your pants, or buy high-powered assault rifles, not so much. Once a progressive majority gets on the court, the 2nd amendment is going to be reinterpreted correctly again. Get used to it.
derby378
(30,252 posts)If we were to shackle the First Amendment or the Fourth Amendment in the same way that a lot of people want to see the Second Amendment restrained, you'd scream bloody freakin' murder and have every right to do so.
apocalypsehow
(12,751 posts)correctly. Get used to it, because that day is coming.
derby378
(30,252 posts)Honestly, sit back and look at the timescale between US v. Miller and DC v. Heller. How long was the lag time? Decades. Now, if the proverbial day comes, it's going to be way off in the future at the rate things have been going. You may not like it, but think of how long it took for Brown v. Board of Education of Topeka to undo "Jim Crow."
This is the progressive reading of the Second Amendment, even if a lot of progressives don't realize it yet. I'm just a little ahead of the curve.
apocalypsehow
(12,751 posts)That day is coming. You better get used to it.
derby378
(30,252 posts)I can't decide between Tex-Mex or Chinese. If the day arrives, nourishment will be my friend. Signing out for supper - especially since I never got around to lunch today.
sarisataka
(18,755 posts)if they felt they needed a Constitutional Amendment to allow the right to join their state militia.
Prior to the 2A, who was allowed to join?
Initech
(100,100 posts)Yeah I'm sure that's what our founding fathers had in mind by the right to keep and bare arms, Scalia.
slackmaster
(60,567 posts)...such devices, they are legal to own.
But owning and using them are strictly regulated, which is exactly how things should be.
moondust
(20,002 posts)BUT ONLY FOR THE FUCKING MILITIA OF THE LATE 18TH CENTURY.
RETROACTIVELY!
quakerboy
(13,920 posts)Let me explain... I, much like Arnold Schwartznigger, am morbidly muscular man, and can easily use what would normally be a vehicle mounted minigun or fire a 50 cal repeatedly from the hip. Therefore, by the reasoning given, It is my right to own such things.
My sister, on the other hand, is a delicate petite flower. I doubt she can really carry a hunting rifle without a great struggle. Therefore she does not have any right to anything much larger than a derringer.
Discrimination. Some have less rights than others, based on their physical characteristics.
DFW
(54,436 posts)As Scalia sees it, Americans should be restricted to owning front-loading flintlock muskets and bayonets.
For weapons, he'd change that to what next, tactical nuclear weapons? For what? Hunting quail?