[Cross-posted at Crooks and Liars.]
I got to thinking about Justice Antontin Scalia's train of logic on the Second Amendment, at least as he explained it to the talking heads yesterday:
"We'll see," Scalia replied. "Obviously the amendment does not apply to arms that cannot be carried. It's to 'keep and bear' so it doesn't apply to cannons."That's it? That's the criteria as to whether or not the right exists to keep and bear a weapon of any kind -- its portability?
"But I suppose there are handheld rocket launchers that can bring down airplanes that will have to -- it's will have to be decided," he added.
Wow. Or as my redneck friends back in Idaho who like to blow shit up would put it: Yeeeeeeeehaw!!!!
Scalia seems to be opening the door not just for legalizing fully automatic guns, but all kinds of weapons. I mean, hell, pipe bombs -- which, let's be honest, really aren't quite up there in the rocket-launcher category in terms of lethality -- are currently illegal as hell and tightly regulated by the ATF and various other federal agencies right now.
So, for that matter, are all various kinds of portable bombs, particularly those made with C-4. They pack quite a kick, too.
And I guess if we continue to follow the impeccable logic of District of Columbia v. Heller, as Scalia is doing here, then we'll soon loose the dogs on a whole range of weapons that are currently regulated -- because they certainly can be carried.
But hell, why stop there? Go all the way: Let's establish the right to keep and bear a suitcase nuke, since obviously, it's a kind of arms and you can bear it, too.
In fact, I think every American ought to have a suitcase nuke for their personal use. That way if some nutcase comes into a theater and tries to blow everyone up with a suitcase nuke, the entire audience can set off their own nukes. God Bless Murka!
Thanks, your honor. We owe you one.