But, here are some starting points:
Argument: The Founders could not have conceived of modern "assault rifles" and machine guns!
Answer: First of all, Thomas Jefferson might easily have understood one had he had the chance to see it. He was an inventor. And in fact, in the late 18th and early 19th century, there were inventors who were already working on repeating arms designs, and the "pepper pot" pistol was already in existence. The Bill of Rights is not constrained by technologies. The Founders could not have conceived of the Internet or cable television either, and yet many of the voices which call for infringing upon the 2nd Amendment jealously guard their 1st Amendment right to speech in both media. They would instantly cry "FOUL!" (and they have done so in the past) anytime someone tries to pass a law limiting their speech on Internet or TV.
Argument: Yes, but even though technology does not limit the Constitution, you can't shout "FIRE!" in a theater!
Answer: Actually, yes you CAN shout "FIRE!" in a theater......if there actually IS a fire. That old red-herring isn't about the choice of words, it is about the responsible use of words. The firearms analog would be: you can't shoot your gun inside city limits.........unless of course you are using it in self-defense or defense of another. The constraint against discharging a firearm only applies to the frivolous, but it does not disallow responsible use.
Argument: But....but....NOBODY needs a 30 round magazine to go hunting!
Answer:
- Actually, you're mostly (but not entirely) right. And when I go hunting, I tend to take either a 10 round or 20 round magazine.......unless I'm hunting hogs, in which case I bring along about ten 30 round magazines and curse myself for not having brought more along. But that is irrelevant. The 2nd Amendment is not about hunting, which is a free-standing right apart from the right to keep and bear arms, nor is it about self-defense, which is an ancient right recognized by common law for centuries before this continent was ever colonized, even for centuries before firearms became available to the common man. 30 round magazines are not "high-capacity" (a term invented by liberal media), they are standard capacity.
- Even so, "need" does not determine the applicability or the free exercise of an enumerated right. The Constitution assumes that you are a sovereign citizen with guaranteed rights, which are enumerated in the Bill of Rights, and which are generally described in other documents (life, liberty, the pursuit of happiness, etc.). You have no more right or authority to limit my magazine capacity than I have authority or right to limit how many words you can use in a paragraph. In other words, your desire to define and limit my needs does not carry the same weight as my sovereign authority to determine and exercise my needs.
- Needs-based thinking is collectivist thinking. It is the justification for all the different forms of socialism, and it is the antithesis of every standard upon which the nation is founded. The Constitution does not limit the individual; it limits government. Collectivist thinking is the opposite of that, and it is the pathway to tyranny. As Karl Marx said, "the goal of socialism is communism."
Answer: Actually, the very first time I ever went deer hunting, the guy who brought me along took a doe with an AR15—one shot, clean kill, fired from a 20 round magazine. Just because the magazine will hold 20 rounds, it does not follow that its user will FIRE 20 rounds! A very large part of this type of limited thinking is nothing more than psychological projection, and it comes from people who do not trust themselves. You might as well argue that nobody needs a Ferrari to commute in because it will exceed the national speed limit (as will a SmartCar). But all of that said, you are right in one regard, it was not originally designed for hunting. However, there is not a single hunting rifle in use today that was not adapted from a military rifle and used for hunting purposes. ALL bolt action rifles owe their heritage to military rifles. Lever action rifles used to be military rifles. Muskets used to be military rifles. There are literally no examples at all of hunting rifles which do not have at least their early technological origins in military use. Why should the AR15 be held to a different standard than ALL OTHER hunting rifles? And by the way, do you hunt, and how much do you actually know about hunting?
Argument: But the wide availability of "assault weapons" means that people can kill on impulse, and in large numbers!
Answer: Cost/Benefit analyses in gun-control are fundamentally immoral. The fact that these firearms are used in a tiny tiny tiny number of overall homicides (see FBI statistics directly from the horse's mouth) does not negate the fact that they are ALSO used between 700,000 and 2.5 million times a year (depending on whose statistics you're looking at) to STOP a crime or murder. By your argument, you would sacrifice the 700,000 to 2.5 million in favor of the 26. The lives of those 26 are not insignificant and their killing is a tragedy, but in comparison to the lives and safety of millions, it is statistically insignificant, and disarming the millions is an immoral alternative.
I could go on, but you get the point. Here are some resources:
- "The Embarrassing Second Amendment" (http://constitution.org/mil/embar2nd.htm), written by UT Austin School of Law professor and ACLU member Stanford Levinson, reprinted from the Yale Law Review
- "Why Liberals Should Love The Second Amendment" (http://www.dailykos.com/story/2008/04/2 ... -Amendment), written by Kaili Joy Gray, a Daily Kos blogger. Daily Kos is a hard far left liberal website dominated by the fever swamp.
- "With Gun Control, Cost Benefit Analysis Is Amoral" (http://www.forbes.com/sites/harrybinswa ... is-amoral/), by Forbes.com contributor Harry Binswanger.
- "The American Revolution against British Gun Control" (http://www.davekopel.org/2A/LawRev/amer ... ntrol.html), by Dave Kopel, Research Director, Independence Institute, and Adjunct Professor of Advanced Constitutional Law, Denver University, Sturm College of Law, adapted from his paper titled "How the British Gun Control Program Precipitated the American Revolution."
- "FBI Expanded Homicide Data Table 11" (http://www.fbi.gov/about-us/cjis/ucr/cr ... a-table-11), the actual statistics compiled by the FBI for the year 2011, minus any spin from the gun-grabbers OR the anarchists.