2A and Right to Ammunition question
This is a discussion on 2A and Right to Ammunition question within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Although the Constitution states 'right to keep and bear arms', has there been any specific statement, clarification, Congressional law, or SCOTUS ruling that specifically states ...
Post By OldVet
Post By onacoma
April 14th, 2013 07:43 PM
2A and Right to Ammunition question
Although the Constitution states 'right to keep and bear arms', has there been any specific statement, clarification, Congressional law, or SCOTUS ruling that specifically states that gun owners also have a legal right of access to ammunition/bullets/powder?
Or is that just assumed?
Knowing how attorney's and legislators parse language, I would like to know if there is a specific clarification that 2A also provides individual rights to ammunition*. Or is that going to be the next battleground by gun control extremists...
Does anyone know about this? Reference or link?
*(I would hope at reasonable access (cost) but that's probably a fantasy. Napolitano is doing all she can with her Exec Branch Totalitarian Admin Agcy to drive up the prices of ammo - while arming the government to the point it can wipe out the citizenry many times over, at taxpayer's expense. )
Charliehorse .........................>>> I support the NRA!
Gun Ownership is NOT a Gun Crime!
April 14th, 2013 07:56 PM
The courts have already determined that 2A applies to the right to self defense. To prohibit ammunition would in all practicality violate that same right.
Retired USAF E-8. Lighten up and enjoy life because:
Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid...
Buffalo Springfield - For What It's Worth
April 14th, 2013 08:35 PM
Right now I do not have a lot of trust, my wife says that my hackles are more than a little in the air but I delt with the 10% to long to not see holes in stories
April 14th, 2013 08:44 PM
A firearm without ammo is a club. I dont think they can make a case for banning an intregal part of the functioning package. That would be like outlawing firepins. They will try to tax, limit, buy up, ban designs etc of ammo or anything else they can possibly get thru to weaken the citizens of this nation to a point they have no choice but to leave the country or be controlled completely.
At the risk of sounding like a stuck recording. There is only one sensible answer to any gun law proposed and this answer is NO.
As to the ones in force now. The only sensible effort to be made is repeal all or as much of them as possible asap.
Anything else, any thinking that some regulation has a pro gun side to it short of total repeal of a existing regulation is to be fooled. Nothing like that will ever be proposed by politicians.
Its not the purpose of gun laws to be pro gun, anti crime, etc... the end game and intent of any of them is disarmament.
" It is sad governments are chief'ed by the double tongues." quote Ten Bears Movie Outlaw Josie Wales
April 14th, 2013 08:50 PM
Actually the terms "Arms" means the complete firearm with ammunition! If you study the history that led up to the 2nd amendment (the Founder's Second Amendment, you can find it on Amazon), King George and his minions tried to confiscate not only the muskets, but the supplies of powder and ball, aka the ammunition.
Originally Posted by cdynaco
Now if the POLs* try a ammunition "Tax", is there any difference between King George's Stamp Act and the placing of a tax on Ammunition and Firearms? Keep in mind they are pressing the issue with sales tax!
* for those who liv in Rio Linda, POLs (pɒl) n. Informal. a politician.
In my many years I have come to a conclusion that one useless man is a shame, two is a law firm and three or more is a congress. -- John Adams
If you think health care is expensive now, wait until you see what it costs when it's free! -- P.J. O'Rourke
April 14th, 2013 08:51 PM
Can you tell us which opinion from which court?
Originally Posted by OldVet
I've actually a rather vague recollection of a MA law, probably during the immediate post colonial period,
where this was litigated because the town fathers were concerned about powder causing a calamity. SO,
they banned keeping it except in special storage--- I do not begin to recollect the specifics. I think
it did go to court but I don't recall the ruling, however I think it went against those who wanted to keep
powder in what was deemed an unsafe manner.
I have no clue to what extent if any that episode may have influenced other decisions (if any on the matter)
down through the years.
Of course, nowadays we don't have the safety issue of black powder being stored in homes with whale oil
lanterns and wood burning fireplaces, so I doubt a law would stand if the basis for it was fire safety.
Bottom line, there is no predicting what will be done either by legislatures or by our courts. Everyone
has an opinion, including them.
If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
April 14th, 2013 09:05 PM
Herrington v. United States, DC Court of Appeals - limited holding that possession of ammo in home cannot be banned/criminalized where defendant has otherwise complied with gun registration requirements.
This is not a huge leap after Heller. But in light of the current political climate today, who knows. One S. Ct. justice switch may change everything. Stare decisis doesn't mean much to judges that are outcome based.
-PEF, a Framer with a Steelie...
1. All guns are always loaded.
2. Never let the muzzle cover anything you are not willing to destroy.
3. Keep your finger off the trigger until your sights are on the target.
4. Be sure of your target and what is beyond it.
April 15th, 2013 01:34 AM
Would a prohibition on ammunition infringe on your God given RKBA?
Is it unconstitutional to infringe on the right of The People to keep and bear arms?
Does the Pope wear a funny hat?