Regarding ‘Citizen-owned’ Artillery

 

Can private individuals own and possess artillery?

This question came up during the Ricochet podcast of the recent New Orleans meet-up (link here) attended by R> co-founder @roblong and R> owner @charlescwcooke; “Is it legal for private citizens to have cannons?” Charlie answered quite succinctly, and I’ll summarize here: Yes. The US Constitution protects the rights of private citizens to purchase ordnance and stores for heavy, crew-served weapons in addition to the individual small arms addressed in the Second Amendment.

My US Constitution students are always surprised to learn that it is 100% legal for them to own artillery…real, live “big boom-boom” guns. “Professor Hoplite, can we actually buy cannons?”

Sure, I reply…the catch is whether or not you have enough cash (or credit) to place the order.

Let’s consider a typical field artillery piece: an M777 howitzer, 155 millimeter in caliber (about 6″ or so in diameter). It is a towed gun, takes a crew of five “red legs” to fire it, and can hit targets from a range of 13 to 15 miles with simple high-explosive shells. There are four guns in a battery, fighting as a single unit (usually all four guns fire at the same target.) So, what does an M777 cost? $3.08 million USD, assuming you buy 37 of them in a single purchase order. Of course, that includes spare parts, but the total order price in 2008 was about $114 million. (here)

Then, you’ll need ammunition. Prior to the start of the Russo-Ukrainian War, the US Army standard production run was 14, 400 155mm artillery rounds a month. Exact numbers are difficult, but a good cost estimate (pre-Ukraine) is about $2200 ea. here.  That means the Department of Defense spends an average of $31.7 million per month buying 155 artillery rounds (not counting the increased demand for supplying Ukraine*). A typical artillery fire mission includes three to five rounds to zero-in on the target, and then three volleys from the battery on the target, and then a report back from the forward observer: 15 to 17 rounds. For those of you keeping score at home, that’s about $35,000 to fire a simple single-point artillery mission.

So what can we glean from all these numbers? Well, to start with, cannons are not sold in single units; if you want to buy a cannon, you have to buy them in the Costco-size packages (35+ per order). Be ready to write a big check: $108.5 million at least. Typical combat load of rounds per gun is 2,222 (here) so buying ammunition for each of the cannon will add another $171 million ($2,200 per round x 2,222 rounds per gun x 35 guns). Total for the field artillery starter kit? $279.5 million.

My conclusions? Legal, yes. But there are few civilians who have the means to buy cannons (certainly not any cannons that are anything more than dangerous noisemakers). If and when the time comes that citizens need cannons, they had better have figured out what the “work-around” is going to be, because waiting to buy them won’t really be an option.

*Currently, the US defense industrial base doesn’t have the expansion capacity to meet this demand, regardless of how much money the Biden administration is chucking around. The backlog in production orders has to be measured in years.

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  1. Randy Weivoda Moderator
    Randy Weivoda
    @RandyWeivoda

    Saint Augustine (View Comment):

    I support the right to arm bears | Animal activism, Seriously funny ...

    I’ve read the book on that subject.

    • #91
  2. Mark Camp Member
    Mark Camp
    @MarkCamp

    Seawriter,

    I see good in your argument, then bad, and finally more good.

    The first good is that it appeals passionately to our shared political and religious values…

    Seawriter (View Comment):
    …Sure they immigrated recently, but they are good Americans now. And yes we drill on Sundays after church. That’s because we stand ready to defend the Republic if called upon and believe in being prepared.

    The bad is that it is a straw man argument.

    Finally, this good: After you set up your straw man, but before running it through with your bayonet, you politely asked your opponent to verify that the straw man was not a straw man, but his actual argument…

    Seawriter (View Comment):
    What foreign mercenaries? Those thousand men working on my farm?

    So, more good than bad, 2 to 1.

    • #92
  3. Flicker Coolidge
    Flicker
    @Flicker

    Haven’t read all the comments, but I always figured that the thinking of the framers was that any state of the art flintlock or cannon were permitted.  Historically, rifles and caplocks were guaranteed upon their invention, as were multi-round revolvers, cartridge-firing weapons, and semi-automatic pistols.  The same should hold true for advancements in artilery and armored vehicles.

    It is true that the possibility of the invention of more deadly weapons was not foreseen, but nonetheless the advancement of technology and lethality was accepted over the next century.

    It seems to me that given the precedence of the acceptance of advancements and inventions of newer weaponry that nukes, and armed jet fighters, and MOABs are Constitutionally protected to US citizens and if extraordinary lethality is to prohibifed, it would and should require a clear and specific Constitutional amendment to modify the 2A.

    Otherwise, this leaves valid the argument that cartridge-firing pistols and “assault” “weapons of war” may be prohibited due to their technology or lethality.

    • #93
  4. Percival Thatcher
    Percival
    @Percival

    Randy Weivoda (View Comment):

    Seawriter (View Comment):

    D.A. Venters (View Comment):

    Seawriter (View Comment):

    D.A. Venters (View Comment):
    Would they have viewed a regiment of foreign mercenaries differently? Sure, a landowner, or other wealthy guy, could raise and fund a militia company from the citizenry in the region. But what about a regiment of Walloons rented from some prince in Belgium, a group of men who had no organic ties to the local community? Does the 2nd Amendment protect that? This would presumably be something the militia might be called out in response to. If someone had hired a foreign mercenary regiment, let’s say, right after Congress or the state legislature had passed a law he didn’t like, would Congress have violated his 2nd Amendment rights if it ordered him to disband his regiment, and called out the militia against it?

    I thought your last answer was dumb, but this one tops it by a wide margin.

    Did I offend you in some way? My apologies, if so.

    You didn’t offend me. Really silly suppositions not supported by reality? Yeah, occasionally. Especially if followed by a previous string of really silly suppositions which have already been frequently corrected by a wide range of commentators? Those I find annoying. After a while you wonder whether someone is really that dumb or just trolling.

    Seawriter, we’re having a friendly conversation here. You may want to tamp down the hostility a couple of notches.

    D. A’s point seems to be that the Constitution does not give explicit permission to do a thing or possess an item. In that, he’s absolutely right. The Framers argued long and hard about the difference between the government granting rights and the government acknowledging that it would not interfere with rights. The Bill of Rights may be more accurately be named The Bill of Government Don’ts. The much-overlooked 10th Amendment basically tells the Government to mind it’s own business. The rest of the Constitution outlines the business it should be minding. 

    • #94
  5. Bob Thompson Member
    Bob Thompson
    @BobThompson

    Lots of comments so it’s easy to miss something. Where do state national guard forces fit into the discussion about militia, if at all?

    • #95
  6. DaveSchmidt Coolidge
    DaveSchmidt
    @DaveSchmidt

    D.A. Venters (View Comment):

    Postmodern Hoplite (View Comment):

    D.A. Venters (View Comment):

    From the perspective of kings and high level ministers and other heads of state of the 18th century, a “weapon of war” might look less like a musket, or a rifle, or even a single ship, and more like regiments, strategic fortresses, and fleets.

    In light of that, did the framers believe that the 2nd Amendment guaranteed the right of a citizen to keep a regiment of Hessians on his farm? What about just one company? I mean, if he could afford it. Not talking about the militia, here. I mean one entire regiment under the sole command of one dude, some ultra-wealthy gentleman landowner. Or would they have said, “That’s a little much. Congress can force a person to disband their private army.”

    It’s a stupid question, I know, but I find it interesting nonetheless.

    Actually, the answer to your question (and it’s not a stupid one) is that in the 1770’s, private companies of militia really were one option. In Pennsylvania, all militia companies were private “military associations,” or Associator companies. In Virginia, a well-known private citizen* raised, organized and equipped a regiment of infantry out of his own pocket. It wasn’t explicitly to defend his own plantation, but it certainly might have been employed that way.

    I believe the more important questions are those dealing with the relationship of private ownership of arms & ordinance and the militia itself. Currently, the militia (as the Founders understood it) doesn’t exist. It’s been stamped out. But the Constitutional rights to have a militia still exists. So too do private citizens have the right to acquire and maintain the arms & ordinance necessary for such a militia.

    *George Washington

    Would they have viewed a regiment of foreign mercenaries differently? Sure, a landowner, or other wealthy guy, could raise and fund a militia company from the citizenry in the region. But what about a regiment of Walloons rented from some prince in Belgium, a group of men who had no organic ties to the local community? Does the 2nd Amendment protect that? This would presumably be something the militia might be called out in response to. If someone had hired a foreign mercenary regiment, let’s say, right after Congress or the state legislature had passed a law he didn’t like, would Congress have violated his 2nd Amendment rights if it ordered him to disband his regiment, and called out the militia against it?

    I don’t know the answer, but my gut reaction is that they would not have seen such a reaction as violating the 2A.

    If budget woes lead to budget cuts at the Vatican, the I plan to import and employ the Swiss Guard to protect my rights and property. 

    • #96
  7. Some Call Me ...Tim Coolidge
    Some Call Me ...Tim
    @SomeCallMeTim

    Arahant (View Comment):

    Percival (View Comment):
    Moreover, most merchantmen of the era carried guns known as stern chasers that fired from the stern of the ship to deal with pirates – and privateers. Those guns were privately owned too.

    Yep. An unarmed merchant back then had another name: Easy Pickens.

    Slim’s sister?

    • #97
  8. Postmodern Hoplite Coolidge
    Postmodern Hoplite
    @PostmodernHoplite

    Bob Thompson (View Comment):

    Lots of comments so it’s easy to miss something. Where do state national guard forces fit into the discussion about militia, if at all?

    Great question! I have errands to run, so will have to come back to this later. (Apologies!)

    • #98
  9. Arahant Member
    Arahant
    @Arahant

    Seawriter (View Comment):
    Also an attempt to usurp authority in that manner probably would not have gotten to the point where the state could intervene because his neighbors – the ones with their own privately owned cannon – would have dealt with him in a manner for which the Second Amendment was created.

    New Texas!

    • #99
  10. Arahant Member
    Arahant
    @Arahant

    Seawriter (View Comment):
    After a while you wonder whether someone is really that dumb or just trolling. 

    I believe he’s a lawyer. 😸

    • #100
  11. Arahant Member
    Arahant
    @Arahant

    DaveSchmidt (View Comment):
    If budget woes lead to budget cuts at the Vatican, the I plan to import and employ the Swiss Guard to protect my rights and property. 

    The Swiss Guard used to be in several countries. The French king had them, too. Switzerland had few resources other than men to use as mercenaries.

    • #101
  12. Arahant Member
    Arahant
    @Arahant

    Some Call Me …Tim (View Comment):

    Arahant (View Comment):

    Percival (View Comment):
    Moreover, most merchantmen of the era carried guns known as stern chasers that fired from the stern of the ship to deal with pirates – and privateers. Those guns were privately owned too.

    Yep. An unarmed merchant back then had another name: Easy Pickens.

    Slim’s sister?

    No, Easy was his brother Samuel Lindley.

    • #102
  13. BDB Inactive
    BDB
    @BDB

    Bob Thompson (View Comment):

    Lots of comments so it’s easy to miss something. Where do state national guard forces fit into the discussion about militia, if at all?

    Most likely as federalized jackboots.  Some will break the other way, but decades of federalization doctrine has produced an “assistant federal” state of mind in a lot of the guard.

    I’m not singling out the guard here — this applies to police as well.

    Hell, tell a mall cop that he’s an important part of the war effort now, and he’ll liquidate those kulaks at the Cinnabon.

    • #103
  14. BDB Inactive
    BDB
    @BDB

    Earlier in this thread I used the most expansive and I believe 2A-accurate sense of the term militia: all able-bodied males of a certain age range.  Now including women at least officially.

    That means the right and duty of any people to unite and defend themselves against any threat even if “the phone call is coming from within the house.”

    There’s a neat trick of law wherein any “legal”* militia must fall under the government in a time of crisis.  Well begging the colonel’s pardon, but this precludes the use of militia when the government IS the crisis.  This is about as anti-Constitutional as you can get, given the history of the government thereby constituted, and the Declaration.

     * or recognized, or some such thing.  Going from memory.

    • #104
  15. BDB Inactive
    BDB
    @BDB

    DaveSchmidt (View Comment):

    Percival (View Comment):

    BDB (View Comment):

    Seems odd to limit it to the newest stuff, and for use the way the USG uses it.

    I’ll take a Korea-vintage howitzer and mount it looking down a long driveway in direct fire, thank you very much.

    That’ll teach them not to, uh, use the driveway.

    No, no, no! Cover the driveway with a Mk 19.

    You will need anti-personnel mines to cover the backyard.

    That’s what she said.

    • #105
  16. Postmodern Hoplite Coolidge
    Postmodern Hoplite
    @PostmodernHoplite

    Bob Thompson (View Comment):

    Lots of comments so it’s easy to miss something. Where do state national guard forces fit into the discussion about militia, if at all?

    Hello, @bobthompson – thanks for your patience. The short answer to your question is: They don’t.

    During the decades between 1904 and 1941, the Regular Army successfully extended full control over the National Guard, ending its separate status and independence. By 1954 (in conjunction with the establishment of peacetime conscription) the Regular Army had reduced the National Guard into an auxiliary force, not a militia.

    Today, the Federal defense budget provides 90 to 95% of the funding towards each state’s National Guard budget. Following the principle of, “them’s that pay the bills gets to make the rules,” state governors have very little actual authority regarding the recruiting, equipping, training, or employment of their respective Guard forces. Notice that even in the event of a natural disaster, governors will almost immediately request a Federal declaration of emergency? This is the necessary step to unlocking the committed funds provided by the Department of Defense (DoD) needed to actually deploy the Guard from more than about 72 hours. In other words, “Big Army” has got it set up so that the governors of the several States can’t employ their own Guard forces without “Big Army” permission.

    That’s the exact opposite of what the Framers of the Constitution intended when they included the various clauses relating to the militia and oversight of standing armies in Art. I, Sec. 8 and Art. II, Sec 2. (These portions all pre-date the 2A by two years.)

    Here is where the discussion gets REALLY complex, and tends to make a lot of people uncomfortable. I argue that the militia needs to be re-established. The National Guard is fine as a Federal auxiliary; leave it be. But each state ought to be exploring new and creative ways to bring the militia back into meaningful existence. I’m ready to consider measures regulating the ownership, training and supervision of arms provided it comes with a “new birth of freedom” in the form of a revitalized militia.

    • #106
  17. Postmodern Hoplite Coolidge
    Postmodern Hoplite
    @PostmodernHoplite

    BDB (View Comment):

    Earlier in this thread I used the most expansive and I believe 2A-accurate sense of the term militia: all able-bodied males of a certain age range. Now including women at least officially.

    That means the right and duty of any people to unite and defend themselves against any threat even if “the phone call is coming from within the house.”

    There’s a neat trick of law wherein any “legal”* militia must fall under the government in a time of crisis. Well begging the colonel’s pardon, but this precludes the use of militia when the government IS the crisis. This is about as anti-Constitutional as you can get, given the history of the government thereby constituted, and the Declaration.

    * or recognized, or some such thing. Going from memory.

    No argument from me on the principle you outline here.

    The right to have a militia is an underlying foundation of the Constitution, expressly to protect against the potential of tyranny from that same government. The 2A, 9A and 10A reinforce and reaffirm this right.

    • #107
  18. Percival Thatcher
    Percival
    @Percival

    Arahant (View Comment):

    DaveSchmidt (View Comment):
    If budget woes lead to budget cuts at the Vatican, the I plan to import and employ the Swiss Guard to protect my rights and property.

    The Swiss Guard used to be in several countries. The French king had them, too. Switzerland had few resources other than men to use as mercenaries.

    They were the best mercenaries for a couple of centuries.

    Eventually, they only sent them to places that the King of France said they could. Plus the Pope.

    • #108
  19. Bob Thompson Member
    Bob Thompson
    @BobThompson

    Postmodern Hoplite (View Comment):

    The right to have a militia is an underlying foundation of the Constitution, expressly to protect against the potential of tyranny from that same government. The 2A, 9A and 10A reinforce and reaffirm this right.

    Nothing strange sounding about this if we had the government we should have.

    • #109
  20. BDB Inactive
    BDB
    @BDB

    Postmodern Hoplite (View Comment):

    Bob Thompson (View Comment):

    Lots of comments so it’s easy to miss something. Where do state national guard forces fit into the discussion about militia, if at all?

    Hello, @ bobthompson – thanks for your patience. The short answer to your question is: They don’t.

    During the decades between 1904 and 1941, the Regular Army successfully extended full control over the National Guard, ending its separate status and independence. By 1954 (in conjunction with the establishment of peacetime conscription) the Regular Army had reduced the National Guard into an auxiliary force, not a militia.

    Today, the Federal defense budget provides 90 to 95% of the funding towards each state’s National Guard budget. Following the principle of, “them’s that pay the bills gets to make the rules,” state governors have very little actual authority regarding the recruiting, equipping, training, or employment of their respective Guard forces. Notice that even in the event of a natural disaster, governors will almost immediately request a Federal declaration of emergency? This is the necessary step to unlocking the committed funds provided by the Department of Defense (DoD) needed to actually deploy the Guard from more than about 72 hours. In other words, “Big Army” has got it set up so that the governors of the several States can’t employ their own Guard forces without “Big Army” permission.

    That’s the exact opposite of what the Framers of the Constitution intended when they included the various clauses relating to the militia and oversight of standing armies in Art. I, Sec. 8 and Art. II, Sec 2. (These portions all pre-date the 2A by two years.)

    Here is where the discussion gets REALLY complex, and tends to make a lot of people uncomfortable. I argue that the militia needs to be re-established. The National Guard is fine as a Federal auxiliary; leave it be. But each state ought to be exploring new and creative ways to bring the militia back into meaningful existence. I’m ready to consider measures regulating the ownership, training and supervision of arms provided it comes with a “new birth of freedom” in the form of a revitalized militia.

    There are laws differentiating the organized and unorganized militia, and this does not mean the difference between marching and milling.  “Organized” means Guard or equivalent.  Membership in any “higher” auxiliary body pre-empts membership in any “lesser” body due to competing requirements in time of crisis.

    Outside the treatment of the US Code lie the “Constitutional” militias, being those not accounted for in (statute) law but which claim their legitimacy (on paper anyway) from the Constitution itself.  These are a mixed bag.  Some suck, and others sound great.  All are on shaky legal ground with the USG, as the government increasingly does not acknowledge the Constitution as any check on its prerogatives.  Here’s Wikipedia on militias, specifically bookmarked to the Constitutional sorts. 

    https://en.wikipedia.org/wiki/American_militia_movement#Constitutionalists

    • #110
  21. Full Size Tabby Member
    Full Size Tabby
    @FullSizeTabby

    As I understand the history, at the time the United States Constitution (including the Second Amendment) was adopted, the United States did not have a standing army. Article III, Section 8 provided Congress with the authority to “raise and support armies” and to “provide and maintain a navy,” but those authorities had not be exercised except to deal with specific conflicts. A standing army was not instituted until many years after the U.S. Constitution was adopted. 

    So, if any defense of the fledgling United States was needed, it would have to come from private or state sources, and for effectiveness depend on weapons widely distributed in ownership, and with a wide population of people familiar with their manufacture, use, and operation of those weapons. Which suggests via logic that the Founders assumed widespread ownership of and familiarity with the use of weapons of war. A “well regulated militia” to use those weapons cannot be formed if the people of which that militia is formed are not familiar with the use and operation of those weapons of war. Which in turn suggests that, in order to have the specified “well regulated militia,” the “arms” which the people have a right to keep and bear is pretty broad, and does include “weapons of war.” 

    So my logic leads me to a conclusion that “arms” as used in the Second Amendment to the United States Constitution is a very broad term, and the government has no right to significantly burden the right of the people to keep and bear pretty much any weapon the people choose to have. 

    • #111
  22. TBA Coolidge
    TBA
    @RobtGilsdorf

    Postmodern Hoplite (View Comment):

    BDB (View Comment):

    Earlier in this thread I used the most expansive and I believe 2A-accurate sense of the term militia: all able-bodied males of a certain age range. Now including women at least officially.

    That means the right and duty of any people to unite and defend themselves against any threat even if “the phone call is coming from within the house.”

    There’s a neat trick of law wherein any “legal”* militia must fall under the government in a time of crisis. Well begging the colonel’s pardon, but this precludes the use of militia when the government IS the crisis. This is about as anti-Constitutional as you can get, given the history of the government thereby constituted, and the Declaration.

    * or recognized, or some such thing. Going from memory.

    No argument from me on the principle you outline here.

    The right to have a militia is an underlying foundation of the Constitution, expressly to protect against the potential of tyranny from that same government. The 2A, 9A and 10A reinforce and reaffirm this right.

    Q. If Texas whomped up a milita and rounded up illegals what legal power would be used to stop them? 

    • #112
  23. ToryWarWriter Coolidge
    ToryWarWriter
    @ToryWarWriter

    Im going to assume that any artillery, in case of civil war, will be seized from sympathizers in national guard/army bases.  Followed by units that declare for one side another.

    • #113
  24. D.A. Venters Inactive
    D.A. Venters
    @DAVenters

    Full Size Tabby (View Comment):

    As I understand the history, at the time the United States Constitution (including the Second Amendment) was adopted, the United States did not have a standing army. Article III, Section 8 provided Congress with the authority to “raise and support armies” and to “provide and maintain a navy,” but those authorities had not be exercised except to deal with specific conflicts. A standing army was not instituted until many years after the U.S. Constitution was adopted.

    So, if any defense of the fledgling United States was needed, it would have to come from private or state sources, and for effectiveness depend on weapons widely distributed in ownership, and with a wide population of people familiar with their manufacture, use, and operation of those weapons. Which suggests via logic that the Founders assumed widespread ownership of and familiarity with the use of weapons of war. A “well regulated militia” to use those weapons cannot be formed if the people of which that militia is formed are not familiar with the use and operation of those weapons of war. Which in turn suggests that, in order to have the specified “well regulated militia,” the “arms” which the people have a right to keep and bear is pretty broad, and does include “weapons of war.”

    So my logic leads me to a conclusion that “arms” as used in the Second Amendment to the United States Constitution is a very broad term, and the government has no right to significantly burden the right of the people to keep and bear pretty much any weapon the people choose to have.

    These are great points.  It makes sense.  Still,  I wish they’d been clearer if that’s what they meant.  I’m enough of a textualist to want to see some contemporary sources, or older common law sources, using the term “arms” in this way, or defining the ancient right this way, before being totally convinced.  Those may be out there, though.

     

    • #114
  25. TBA Coolidge
    TBA
    @RobtGilsdorf

    D.A. Venters (View Comment):

    Full Size Tabby (View Comment):

    As I understand the history, at the time the United States Constitution (including the Second Amendment) was adopted, the United States did not have a standing army. Article III, Section 8 provided Congress with the authority to “raise and support armies” and to “provide and maintain a navy,” but those authorities had not be exercised except to deal with specific conflicts. A standing army was not instituted until many years after the U.S. Constitution was adopted.

    So, if any defense of the fledgling United States was needed, it would have to come from private or state sources, and for effectiveness depend on weapons widely distributed in ownership, and with a wide population of people familiar with their manufacture, use, and operation of those weapons. Which suggests via logic that the Founders assumed widespread ownership of and familiarity with the use of weapons of war. A “well regulated militia” to use those weapons cannot be formed if the people of which that militia is formed are not familiar with the use and operation of those weapons of war. Which in turn suggests that, in order to have the specified “well regulated militia,” the “arms” which the people have a right to keep and bear is pretty broad, and does include “weapons of war.”

    So my logic leads me to a conclusion that “arms” as used in the Second Amendment to the United States Constitution is a very broad term, and the government has no right to significantly burden the right of the people to keep and bear pretty much any weapon the people choose to have.

    These are great points. It makes sense. Still, I wish they’d been clearer if that’s what they meant. I’m enough of a textualist to want to see some contemporary sources, or older common law sources, using the term “arms” in this way, or defining the ancient right this way, before being totally convinced. Those may be out there, though.

    I believe that they were clear, but that we have allowed our language to drift without really thinking about it which pales in comparison to the active subversion and reversing of meanings as practiced more recently. 

    • #115
  26. Barry Jones Thatcher
    Barry Jones
    @BarryJones

    Jerry Giordano (Arizona Patrio… (View Comment):

    I wouldn’t pay much attention to Cooke’s views of the Second Amendment, which are quite contrary to history and even conservative jurisprudence like that of Scalia.

    I think that “arms” in the Second Amendment meant personal arms, like a musket, rifle, pistol, or sword. A suitcase nuke is right out, to take it to an extreme. The borderline case, I think, is a modern automatic rifle or pistol.

    Nope. Those items are technically small arms. The 2 A says right to keep and bear arms…not small arms. Cannon were often owned privately. In fact during the Revolutionary war and War of 1812 naval cannon were in short supply for actual Navy because privateers were snapping up everything on the market.

    • #116
  27. BDB Inactive
    BDB
    @BDB

    Barry Jones (View Comment):

    Jerry Giordano (Arizona Patrio… (View Comment):

    I wouldn’t pay much attention to Cooke’s views of the Second Amendment, which are quite contrary to history and even conservative jurisprudence like that of Scalia.

    I think that “arms” in the Second Amendment meant personal arms, like a musket, rifle, pistol, or sword. A suitcase nuke is right out, to take it to an extreme. The borderline case, I think, is a modern automatic rifle or pistol.

    Nope. Those items are technically small arms. The 2 A says right to keep and bear arms…not small arms. Cannon were often owned privately. In fact during the Revolutionary war and War of 1812 naval cannon were in short supply for actual Navy because privateers were snapping up everything on the market.

    Nuclear arms.  Arms race.  Etc.

    • #117
  28. Barry Jones Thatcher
    Barry Jones
    @BarryJones

    Randy Weivoda (View Comment):

    D.A. Venters (View Comment):
    True I’m sure, but the issuance of letters of marque, and the Constitutional authority for Congress to do that doesn’t necessarily imply the constitutional right to own a warship. It doesn’t mean that the terms “arms” in the 2nd Amendment was intended to include them.

    Right. And Charles expressly says this in the podcast, that the Second Amendment covers “arms” and that cannons are not arms, but “ordnance.” Cannons are legal, but it isn’t because of the Second Amendment.

    Actually, Charlie is wrong about that. Cannon are arms. Muskets, swords, pistols, etc are SMALL arms. In WWI and WWII the Royal Navy took over and ARMED passenger ships and they were called ARMED Merchant Cruisers. They were ARMED with a variety of CANNON. I say all this to indicate the ARMS include cannons and always have,  at least from a military stand point. the 2A restricts the Governments ability to regulate ARMS not just small arms.

    • #118
  29. Barry Jones Thatcher
    Barry Jones
    @BarryJones

    D.A. Venters (View Comment):

    From the perspective of kings and high level ministers and other heads of state of the 18th century, a “weapon of war” might look less like a musket, or a rifle, or even a single ship, and more like regiments, strategic fortresses, and fleets.

    In light of that, did the framers believe that the 2nd Amendment guaranteed the right of a citizen to keep a regiment of Hessians on his farm? What about just one company? I mean, if he could afford it. Not talking about the militia, here. I mean one entire regiment under the sole command of one dude, some ultra-wealthy gentleman landowner. Or would they have said, “That’s a little much. Congress can force a person to disband their private army.”

    It’s a stupid question, I know, but I find it interesting nonetheless.

     

    That is the kind of question you indicated…the Constitution refers tot he ability of the Government to restrict the keeping and bearing of ARMS. 

    • #119
  30. Barry Jones Thatcher
    Barry Jones
    @BarryJones

    D.A. Venters (View Comment):

    Arahant (View Comment):

    D.A. Venters (View Comment):
    “That’s a little much. Congress can force a person to disband their private army.”

    You do realize that there is still a private army in the UK?

    I understand they exist, and of course did exist back the in the 18th century. Mercenary regiments were common and there are a bunch of them now. A couple are active in Ukraine I’m sure. But that’s not my question. My question is “does the 2nd Amendment guarantee a right to have one?” That’s not answered by the mere fact that they exist. Especially in other countries.

    Are you intentionally conflating the difference between groups of people and Arms? The Second Ammendment refers to Arms not to anything else. Fairly simple, actually.

    • #120
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