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by llukas 2568 days ago
You missed "well regulated Militia" part of second amendment.
1 comments

In the time the constitution was framed, "well regulated" meant properly trained and not "subject to 30 million pages of government control and criminilization".

If you want to cherry pick certain parts of the second amendment - I can do that too: "the right of the people to keep and bear arms shall not be infringed".

Please stick with weapons available at time constitution was written of not very reliable ~3 shots per minute fire rate. Gunpowder cannons are also OK.

Law evolves along with technical progress and 2nd amendment is not exception.

When you write your reply on parchment with elderberry ink, seal it with wax, and have it delivered by pony express we can have a discussion on the limitations you are proposing on the first amendment with your long debunked argument.

Also there were repeating rifles, cartridge based rifles, and citizens owned artillery pieces and war ships in the era in which the Constitution was written.

You should read Heller - Justice Scalia wrote a great deal about your argument and why it is absurd.

False equivalence. First amendment understanding evolved since 1789 [1]. Protecting speech of corporations was unthinkable in 1789.

[1] https://www.brennancenter.org/blog/constant-evolution-first-...

It has to a very small degree.

But not to the point of banning speech.

There were entire areas unknown in 1789 - incorporating them is basically writing law again (see example below). Reliable fully automatic weapons that can do up to 1000rpm belong to same category.

https://mtsu.edu/first-amendment/article/1044/communications...

"The 1934 act designated broadcasters as speakers — thus granting them First Amendment rights — but the broadcast media were also treated as possessing a somewhat lesser claim to First Amendment protections than the print media. The Supreme Court’s decision in Red Lion Broadcasting Co. v. Federal Communications Commission (1969) upheld the principle that the scarcity of frequencies put broadcasters under public obligations to present multiple viewpoints, which therefore served as limits on their First Amendment rights."

The framers wanted the people to have access to the same weapons the government did - to allow the people to have a very real check over the overreach of said government.

Benjamin Franklin was an inventor - if you think when they wrote the second amendment they didn't think "gee, maybe guns will shoot faster someday" then I don't know what to tell you.