Indulge me for a moment, won’t you?
The loony left is constantly rabbiting on about how Amendment II protects the right of the state to form a militia. You know and I know that that is wrong – it’s an individual right, there’s no reason for “the people” to have a different meaning in that one sentence than in the rest of the document, but indulge me.
A “militia” is a paramilitary unit that may or may not operate under the auspices and authority of a state. Note that word – “paramilitary.” Part and parcel of a militia, and key to the following argument…
If we are to form a militia, we must have militia-ready weapons to work with. Firearms. Bayonets. Melee weapons. Explosives. Grenades (launched and hand.) Man-portable rocket launchers. For larger militia units, artillery is not out of the question – private ownership of cannon was common during the Founding era, and fully-owned warships were in private ownership before we had an effective navy! Called “privateers,” they operated under the auspices of the nascent United States government, being issued Letters of Marque or Letters of Reprisal to deal with specific targets. Privateer warships carried United States Marines to places like the Barbary Coast, to deal with the Arabs causing trouble for our shipping there.
So, up to the passage of the National Firearms Act of 1934 (NFA34,) it was common for military hardware to be in private ownership – no trouble. When machine guns were invented, those could be had mail-order or cash-and-carry, no trouble at all. Want an M1917? They’re on the surplus market. After about 1925, Thompson SMGs were a cash-and-carry proposition. And it wasn’t a big problem until the St. Valentine’s Day Massacre – and that was the beginning of “instead of blaming the criminal, let’s blame the tool!”
And NFA34 was passed. And a $20 machine gun was assessed a $200 transfer tax, and an “enhanced” background check, where they made sure you didn’t beat up other kids for milk money in kindergarten. The tax hasn’t gone up, although the prices of machine guns has (especially since the supply has been closed with the passage of the Hughes Amendment to the Firearm Owners Protection Act of 1986 – FOPA86,) and machine guns – unless they’re owned by ranges in Las Vegas – are now “investment property.” And innovation is shot, which is why our military small arms are now heading toward all being foreign designs. Sidearms – Sig (Swiss). Longarms – will probably be H&K (German). Squad Automatic Weapon – FN (Belgian). Light Machine Gun – also FN (Belgian) (both of which are built under license by Barrett, so at least domestic production.) At least our heavy machine gun is still the M2HB Browning .50 – it’s old, but it still does the job. Someone over 30 you can trust! But domestic innovation in automatic small arms? Not really happening.
Now, the NFA et sequelae effectively bans the hardware that has the greatest militia use – automatic firearms, short-barreled rifles, short-barreled shotguns, explosives, grenades, artillery – all this I had trained with while I was in the military myself (yes, including artillery. Never knew where I was going to have to work. I’d also trained on the small arms of forty different nations – how to shoot ‘em, troubleshoot ‘em, fix ‘em, tear ‘em to bits, clean ‘em, put ‘em back together, and make adjustments on ‘em.) The NFA was upheld in United States v Miller (1939), and enhanced by the Hughes Amendment to FOPA86.
Given the logic above – that the “point” of Amendment II is the formation of militia units – NFA34 et sequelae is effectively barring us from the firearms and ordnance that is most effective for militia use. This makes NFA34 et sequelae prima facie unconstitutional, and should be struck forthwith on constitutional grounds. No transfer tax, no NFA stamp, no Forms 4, no 10-cards, no background check (other than NICS,) and firearms made up to today are freely available. I would also argue that FFL type 09, 10, and 11, as well as the S(O)T, should be removed, and commerce in former NFA firearms be carried out under the Type 01 (Dealer) or Type 02 (Pawnbroker), manufactured under a common Type 07, and imported under a common Type 08 (no S(O)T endorsements needed.) Since suppressors also have a valid military/militia use (ever done house-to-house combat?) they should be deregulated, which effectively nullifies the need for the NFA in the first place, if it hasn’t been struck outright.
Moreover, since the NFA was the entire raison d’etre of the BATF(E) in the first place, I would also suggest that that organisation be disbanded and its personnel scattered to the four winds, with three months’ severance and a caveat that they are ineligible for any armed position in future employment. The FBI already runs NICS, so that’s fine – explosives can be handled by NICS as well (permitting for blasters maintained. I need to look into getting my blaster’s card again…) Alcohol and tobacco can be handled by the FDA, who should be looking into such matters anyhow. F Troop has been out of control since they were formed under the IRS in 1934.
Anyhow, I hope you enjoyed this example of using the Left’s own logic against them. We really need to do this more often (for instance, let’s incorporate Bruen against the states under Amendment XIV, since the Left has been beating us over the head with it for so long. Time to reverse that particular situation…)