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Originally Posted by MaggieL
As far as I can see, the constitution provides no foundation for any restriction on the posession of weapons by the people, nor does it delgate such a power to the states. You're invited to point out clauses that support your point of view.
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My view is that if you believe the 2nd Amendment prohibits the regulation of arms, then it must also support the right of anyone to own nuclear weapons.
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And there are certainly NRC regulations relating to the possession of nuclear material that would essentially prohibit civilian posession of a fission or fusion device of any design I know of.
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Under your view of the 2nd amendment, how could that be valid? It would be like allowing firearms, but prohibiting civilian posession of gunpowder. The 2nd should override.
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But you very carefully asked about the Constitution.
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Right. Any other laws aren't relevant if you think they are unconstitutional (relevant discussion-wise; in real life you still have to follow them if you aren't up for the consequences).
What I think "pretty much everyone" believes is that there are some weapons that should not be in your neighbor's basement. Just as libel and slander aren't mentioned in the First, nukes and weaponized biological agents aren't mentioned in the Second. Arguing the dividing line for both amendments is and should be an ongoing process.