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stopbush

(24,396 posts)
Wed Dec 2, 2015, 07:30 PM Dec 2015

Why Should A Single Product (Guns) Have A Constitutional Right To Ownership?

Guns are a product. Why are they singled out for Constitutional ownership protection?

Why not home security systems, which would do more to protect you in your home than a gun? Why not door locks? Why not automobiles or refrigerators?

Why is this one commercial product singled out for protection in our Constitution?

24 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Why Should A Single Product (Guns) Have A Constitutional Right To Ownership? (Original Post) stopbush Dec 2015 OP
I don't think it does leftstreet Dec 2015 #1
Arms covers a wide spectrum... TipTok Dec 2015 #2
Try carrying a knife with a blade over 4 inches. Scootaloo Dec 2015 #7
Yep. Most nutters think arms refers to NRA approved firearms. But not knives. Or bows and MillennialDem Dec 2015 #14
Our constitution is flawed, or more accurately, outdated. morningfog Dec 2015 #3
Citizen militias Warpy Dec 2015 #4
Cultural roots back into Saxon England. NutmegYankee Dec 2015 #5
The Second Amendment to the Constitution says: elleng Dec 2015 #6
Guns might, but does ammo? KamaAina Dec 2015 #8
Ammo is covered by the 2A hack89 Dec 2015 #9
Curious, what do you think the well regulated part means? MillennialDem Dec 2015 #11
The 2A does not stop strict gun control hack89 Dec 2015 #16
What do you think it means? former9thward Dec 2015 #17
Ok, then only fit 18-49 year olds allowed. Older people and unfit for service people MillennialDem Dec 2015 #19
How many mass shootings are done by 50+ people? former9thward Dec 2015 #20
When did I say it would? MillennialDem Dec 2015 #22
Yes, in regards to a well regulated state militia. MeNMyVolt Dec 2015 #10
In addition moondust Dec 2015 #12
I honestly care far less about someone who keeps a shotgun for home defense than a knucklehead who MillennialDem Dec 2015 #13
It's really gotten screwed up moondust Dec 2015 #15
The people have the right....guns don't have rights. ileus Dec 2015 #18
When the Constitution was written, America was too broke to afford a military jmowreader Dec 2015 #21
Federal govt was given power to organize, discipline and arm the jmg257 Dec 2015 #23
Because the people writing the Constitution wanted to avoid an MIC Recursion Dec 2015 #24

leftstreet

(36,116 posts)
1. I don't think it does
Wed Dec 2, 2015, 07:33 PM
Dec 2015

If you're talking about 'a right to keep and bear arms,' the 'arms' aren't given any 'rights'

 

TipTok

(2,474 posts)
2. Arms covers a wide spectrum...
Wed Dec 2, 2015, 07:34 PM
Dec 2015

Same for all the things that full under speech...

It isn't limited to just words that come out of your mouth.

 

Scootaloo

(25,699 posts)
7. Try carrying a knife with a blade over 4 inches.
Wed Dec 2, 2015, 07:44 PM
Dec 2015

My mother actually got stopped by the police for carrying an unstrung bow to a sports outfitter to buy a string for the thing.

I've heard of people getting their asses in hot water for carrying a walking stick.

But pack around a loaded AR-15 and you've apparently got the constitution on your side.

 

MillennialDem

(2,367 posts)
14. Yep. Most nutters think arms refers to NRA approved firearms. But not knives. Or bows and
Wed Dec 2, 2015, 08:06 PM
Dec 2015

arrows. Or muskets. Or rocket launchers.

Warpy

(111,359 posts)
4. Citizen militias
Wed Dec 2, 2015, 07:35 PM
Dec 2015

the founders were suspicious of keeping a standing army, something they thought would inevitably become corrupt (they were right). By the turn of the century, they knew they'd been wrong, that citizen militias would be poorly trained, take too much time to round up and deploy, and risked high desertion rates during peak agricultural work times. So we got a standing army which remained small until WWII.

The second amendment should have been repealed when the whole citizen militia idea was discarded but I suppose Congress had its gunloons then as it has them now.

NutmegYankee

(16,201 posts)
5. Cultural roots back into Saxon England.
Wed Dec 2, 2015, 07:40 PM
Dec 2015

Common people were expected to keep arms for defense or to form war parties. This fed into English culture which had a long history of retinue companies of people who were hired as mercenaries for the many wars as well as just hunting/defense. Eventually this became the militia form of defense with commoners supplying their own arms to support a call out of the militia. We break from England, but codify the culture, liberties, and legal system (common law)s in a document that remains in effect until today.

elleng

(131,159 posts)
6. The Second Amendment to the Constitution says:
Wed Dec 2, 2015, 07:41 PM
Dec 2015

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

hack89

(39,171 posts)
9. Ammo is covered by the 2A
Wed Dec 2, 2015, 07:53 PM
Dec 2015

you are not the first person to think that - there is case law that says otherwise.

hack89

(39,171 posts)
16. The 2A does not stop strict gun control
Wed Dec 2, 2015, 08:16 PM
Dec 2015

Even Scalia says so. AWBs, registration, strict background checks, training requirements, etc are all perfectly constitutional.

The 2A is not the problem.

former9thward

(32,082 posts)
17. What do you think it means?
Wed Dec 2, 2015, 08:39 PM
Dec 2015

In colonial times "well regulated" meant well supplied. Regulation did not mean what it means now. Of course the anti-history crowd does not like that explanation.

 

MillennialDem

(2,367 posts)
19. Ok, then only fit 18-49 year olds allowed. Older people and unfit for service people
Wed Dec 2, 2015, 08:41 PM
Dec 2015

make the militia not as well supplied.

former9thward

(32,082 posts)
20. How many mass shootings are done by 50+ people?
Wed Dec 2, 2015, 09:01 PM
Dec 2015

None that I am aware of. How many day to day murders are done by older people? A few, but not many. So your solution would not affect this issue.

moondust

(20,007 posts)
12. In addition
Wed Dec 2, 2015, 08:00 PM
Dec 2015

to what Warpy and others have mentioned, I suspect the Second Amendment may have had a lot to do with keeping slaves from revolting against their owners and/or escaping the plantation (armed slave patrols). It's hard to imagine controlling large numbers of slaves without the threat of bullets flying through the air. Some of the Founding Fathers were slave owners.

Another possibility may be self-defense out on the wild frontier where there were Natives and bandits and coyotes and maybe not any law enforcement close enough to provide protection.

Of course most that is no longer relevant. There are still some remote areas where law enforcement may be too far away to provide much timely protection. And coyotes preying on livestock.

 

MillennialDem

(2,367 posts)
13. I honestly care far less about someone who keeps a shotgun for home defense than a knucklehead who
Wed Dec 2, 2015, 08:05 PM
Dec 2015

thinks he needs to carry a pistol to the grocery store.

Both are stupid - but at least with the shotgun you're home far more often than anywhere else and you're in an enclosed area with much less chance of escape.

Of course, a person who actually cared about home defense would also have a home security system, body armor, and reinforced doors at minimum, and if they could afford it a bunker and booby traps. The reality is most of these people are just compensating for physical and/or mental/emotional inadequacies.

jmg257

(11,996 posts)
23. Federal govt was given power to organize, discipline and arm the
Wed Dec 2, 2015, 09:25 PM
Dec 2015

Militias of the states. The people feared they would use this power to Disarm the militias, or otherwise make them ineffective.

Sort of obsolete once the PEOPLE decided the govt supplied National Guard, backing up a huge kickass military, were the best security of a free state, not UNregulated civilians with various arms and no discipline.

Recursion

(56,582 posts)
24. Because the people writing the Constitution wanted to avoid an MIC
Wed Dec 2, 2015, 10:04 PM
Dec 2015

I mean, they were pre-industrial, so you can probably take the "I" out of that, but that's the main reason. The people who wrote the Constitution and participated in the first Congresses were pretty much unanimous in wanting to avoid a standing army because governments that have standing armies are tempted to use them. So they wanted the navy to be a bunch of contractors (privateers) and the land defense force to be an armed and drilled citizenry (this was the same year as the first French levée en masse, so it was at least a current idea globally).

We're in a violent hemisphere. There are three large (>100m) post-colonial countries in the Americas: the US, Mexico, and Brazil. The US and Mexican constitutions both explicitly protect a right to bear arms, though Mexico restricts guns more heavily than the US. Brazil has very, very strict regulations, no constitutional right to have arms, and carrying a gun outside of the home is essentially illegal. Our gun deaths per 100k are 10 in the US, 11 in Mexico, and 19 in Brazil. I think a lot of the frustration from those of us on the left comes from imaging that as a country we are like Canada; realistically when you look at demographics we're much more like Mexico or Brazil.

But that aside, that product was singled out in the bill of rights because the people who supported the amendment disagreed with Hobbes's "monopoly of violence" theory. They also lived in a significantly more violent time than we do today (the murder rate in New York City in 1790 was about as high as it was in 1990 -- the post-Revolutionary era was one of those violent crime spikes that seems to occasionally hit western hemisphere countries), which may have led people to want to be armed.

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