Posted on 05/11/2002 10:23:17 AM PDT by forest
Let me explain why I draw the line at individual versus crew served weapons. In general, I agree with your proposition for safe storage and responsible use. Now how does one safely store a howitzer and it's ammunition? How does one demonstrate that they can responsibly use the howitzer? Who does one demonstrate these things too?
There is a fine line here. I don't want to get into a situation where one has to demonstrate safe storage and responsible usage for all firearms/weaponry. But I do believe that there is a point where the destructive capability of the weapon makes such a demonstration necessary. I think you might agree since you also draw a line at WMD. I want to avoid the situation where a citizen has to demonstrate safe storage and reasonable useage for all weaponry. I draw the line at individual weapons such as pistols, rifles, and shotguns since I believe one can reasonably assume that an individual can acquire the knowledge for safe storage and usage without government certification.
I'm not saying that the ownership of crew served weapons should be outlawed. I am saying that there might not be a right to own these things. You see, I believe that if there is a right, then the exercise of the right should not be subject to government approval. I can see a logical distinction between the right to individual weapons and a need for approval for crew served weapons. I also see that this might be consistent with an individual rights interpretation of the second amendment.
That could be done rather easily for an M-16. Now, how are you going to do that for a 155MM howitzer? And, there is the small thing about having a suitable range for demonstrating proficiency. Shifting the burden of certification from the government to the seller doesn't really address any of these things. There still must be a certification standard that ensures safe storage and operation. Considering the damage one can do with your own howitzer, I would suggest it should be rather high. Also, a howitzer requires a crew and that means crew drill. It's an awful lot more than just cramming a round in the breech and yanking the landyard. Things like setting powder charges, what to do if there's a hang-fire, laying the piece, etc.
I will admit that machine guns, M-60 size or less, seem to fall into a debatable grey area. M-16s and other full auto individual weapons fall on one side of that area and I see no restriction for individual ownership. You get much above a M-60 and I begin to believe that one should proceed with utmost caution in advocating individual ownership without restriction.
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