Is it legal to own a SAM or MANPADS (surface to air missiles) in the United States?

[Wes Janson]

Does anyone else find it rather shocking that there is an entire law that flat-out prohibits an entire class of modern small arms, period? It was always my understanding that excuses for the constitutionality of things like the NFA were based in part on the argument that "control" is okay, but that universal prohibition would be going too far. I think even a small child could point out today that surface-to-air missiles are an integral part of any modern day military. Rendering them difficult to possess through taxes, or regulation, or high cost barriers to manufacturing is one thing, but legislating that the United States government is the only entity on the planet allowed to purchase and use them strikes pretty deeply.

Many people have made the point that the protections of the 2nd are quite flimsy insofar that small quantities of shoulder-fired weaponry pose relatively little threat to a modern military. I guess they were right. The 2nd Amendment as it was envisioned is truly dead. All it is now is a permit to play with toys-just so long as they're not too effective of toys.

 

[DrewH]

"Does anyone else find it rather shocking that there is an entire law that flat-out prohibits an entire class of modern small arms, period?"

Well, count me as one entirely unshocked. Interesting that the law (which I agree with, BTW) is pretty recent. I suppose you could have theoretically owned one before '04? Although you would have to dive into State laws on possession of NFA devices as well.

 

[ranger335v]

Nothing of that type is covered by the founders intentions in the 2nd. What they intended was for each adult male to be able to respond to need bringing his personal small arms. That was the only practicle way to immediately field a large number of armed men. Cannon and rockets were expected to be in the hands of the organised militia and army/navy. The 2nd is not based on any right to hunt, it is directly intended to provide a means to defend our homes and nation from all threats, foreign and domestic.

It would take more than just $200 to get the proper permit, you would also have to get your application approved. And it wouldn't be approved, no way.

 

[Gunnerpalace]

Hence you should be able to own a MANPADS if the Mexican (just a theory) attack helos show up you want to knock them out with something.

 

[cslinger]

I am just picturing being at the range when all of a sudden I hear. "CLEAR BACK!!!!!" WHOOOOOOOSHHHH!!!!!. "Oh man, sorry about the paint on your truck."

 

[dstorm1911]

Actually ya can have all the launchers ya want......... just have to be deactivated

they have already been fired, used to be able to buy em for $50 ea awhile back, then there are a few registered RPGs in the country.... the rockets run about $20K ea though

 

[Kharn]

Ranger355v:

Nothing of that type is covered by the founders intentions in the 2nd.

During the colonial era, many wealthy/large land owners had their own cannons. Several were loaned/given for the use of the colonials during the Revolutionary War.

Kharn

 

[ranger335v]

Kharn, I'm sure you are correct about the cannon but that wasn't the intent behind the 2nd.

Today's poorly taught history does not understand that a "well regulated militia" didn't mean a modern militia with a lot of regulations! It meant that the citizen militia would be expected to follow the normal provisions for equipping a functional military force. The founders would have had no problem with individuals owning cannon, that would only have improved the potential strength of the militias.

 

[broadsideofabarn]

s an interesting note, the black helicopters were at my house the other night. A unit from Ft. Campbell (home of the 160th) called my father to ask him if they could use our private strip as a practice place to do a couple of approaches and hover while waiting on a tanker. They didn't say whether they were the 160th, but not many units do air to air refueling when it comes to helicopters...

Too cool.

 

[Gunnerpalace]

Hence modern weapons, a SAM for me is a stretch (it just kinda isn't there for me yet), But RPG's,and MANPADS should be under DD rules

 

[Glockfan.45]

I recall a thread a few months ago where the poster asked if Nuclear Weapons were allowed to be registered as DDs. The answer btw was a firm NO! In a post 9/11 world I can think of no way that a private individual would be allowed to own any form of guided missile. In fact just asking about it probably caused red lights and alarms to go off at the DHS office.

As much of a pro RKBA advocate as I am (I think you should be able to walk into any Wal-Mart and walk back out with a new full auto M4 in under 15min) I too would have to draw the line at SAMs, land mines, and WMDs. Other classes of DDs could be allowed with restrictions in my view, but I don't see any good comming from easily available Stingers (be it to U.S civies or certian foreign govs....cough Afghanistan).

 

[PTK]

Glockfan.45, do you realize that "poison gas bombs" are perfectly legal for ownership under current regulations?

You need to realize that regardless of law, bad people will do bad things. Don't demonize certain items just because they might be used by bad people.

 

[Gunnerpalace]

One thing I have noticed at the hardware store they have "gopher bombs" that you can eliminate gophers with are not those techinically DD's.

 

[PTK]

The way I read the law, "poison gas bombs" are bombs/devices which contain poison gas, nerve agents, etc., specifically intended to kill or incapacitate people. And they're legal to own.

 

[woodybrighton]

as a "toy" they wouldn't be a lot of fun
The most obvious problem is an open market in man pads would be a terrorists field day
The US government would have a lot of explaining to do if US man pads started downing airliners or military helicopters in other countries

 

[fearless leader]

my God, Man!! What Would You Want With Such A Device???

It Would Certainly Be The Most Expensive Single Shot You Ever Bought!

 

[General Geoff]

Guided missiles are not economically viable for civilian ownership.

Unguided rockets and field artillery, however....