Quote:
Originally Posted by OrangeBlossomBaby
(Post 2114053)
No, it's not. There is nothing in any law of any state or in the Constitution guaranteeing you the right to THAT specific firearm.
Selective lawyering, it seems.
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First let's understand that the Constitution is the People's document. The Constitution describes the limitations of government and delineates the powers ascribed to the Executive branch, the Legislative branch and the Judicial branch. In other words, our Constitution is the People's document to limit the power of government, not the governments document to limit the power of the People. Limited government.
Our Constitution, through the Bill of Rights, acknowledges certain Rights, but is not to be construed that those are the only Rights we have.
In this instance we are talking about our 2nd Amendment:
"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."
The operative clause of this amendment is in bold. Let's break it down so that it is very clear. Some people seem to not understand who this right belongs to. It is straight forward in stating it is a Right of the People. It is not a Right of the Militia. What is the Right? It is the Right to keep and to bear Arms. To "keep" means to have possession of and to "bear" is to carry. Arms are weapons and ammunition, armaments.
Is that Right limited? Does it state that we can only have certain arms? No, it doesn't. At the same time, it does not say it is unlimited. At the time of the writing of the Constitution, private individuals could own any armament that they could afford. Armaments were not restricted.
Now we look at "shall not be infringed". We can see the definition in 1787 of that word is clear; to violate, to hinder, to destroy.
We know from McDonald, Heller and Bruen that the SCOTUS looks at Text, History and Tradition and applies strict scrutiny. The AR style rifle has been available to citizens since 1957 and there are millions of them in possession by civilians. Therefore, the text of the 2nd Amendment does not put limitations on any armaments. History demonstrates that the AR has been available to The People for 65 years. Tradition demonstrates that not only were they available in the Sears & Roebuck catalog for delivery to your home by the US Mail up to 1968, but Americans have purchase millions of this firearm since its availability.
So, there is nothing in the Constitution barring me from owning that rifle. I believe any state law that would prohibit me from owning that rifle would be deemed unconstitutional.