Both the NFA and GCA are unconstitutional. I'd like to see them both gone.
Considering the originaly purpose of the 2nd Amendment as stated in numerous letters and statements by America's founders was as a check against tyranny IE as a balance against LEO and Military of the government they were creating, such restrictions are beyond unconstitutional.
When the people cannot even possess the standard arm of the infantry of the armed services, the intended purpose of the 2nd is well beyond infringement.
I personaly simply enjoy shooting recreationaly and the ability to defend myself or others against criminals who will be armed. But I know without a doubt that was not the reason for the 2nd Amendment.
As stated By Jefferson, Madison, and many others multiple times, the purpose of the 2nd was to allow the people to rise up against tyranny, including a standing army (Federal LEO and the military) if necessary. In case the government they were creating became tyranical as thier former government had (the government of England.)
Tench Coxe sums it up well:
Whereas civil rulers, not having their duty to the people duly before them, may attempt to tyrannize, and as military forces, which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms.
Civil Rulers, ie politicians may not have thier loyalty in the interests of the people, and may attempt to tyrannize.
Military forces which must be raised (they were also the federal level LEO of the day, so it includes both LEO and the military) to defend the country may simply impose martial law, take over government, or otherwise tyrannize or act on the orders of tyrants. As they have since before Julius Caesar conquered the Roman Republic with such a force.
The people are confirmed by the 2nd Amendment to keep arms for resistance.
More Tenche Coxe:
The militia of these free commonwealths, entitled and accustomed to their arms, when compared with any possible army, must be tremendous and irresistible. Who are the militia? Are they not ourselves? Is it feared, then, that we shall turn our arms each man against his own bosom. Congress has no power to disarm the militia. Their swords and every terrible implement of the soldier are the birthright of Americans. The unlimited power of the sword is not in the hands of either the federal or state governments but where, I trust in God, it will always remain, in the hands of the people.
The intent was that the people, who as one are the militia of the United States, always are more powerful than any army which can be used against them. Or "tremendous and irresistable" compared to the military and LEO.
That was the intent and purpose of the 2nd, whether it became outdated in light of modernized instruments of war is a whole different argument. It is part of the Constitution, was the intent of the Constitution, and whether or not it has anything to do with why you choose to own arms it is the reason your ability to own them is protected under the Constitution.
A select fire AR is the lowliest weapon on the battlefield, yet even that is forbidden to the peasants.
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