Now, to be clear, DOJ lawyers do not argue that nuclear weapons are currently protected by the Second Amendment. But that is based on the view that nukes could not become popular enough to be protected, not because of the unmistakable threat to public safety that civilian access to nuclear warheads would create. Under this dangerous logic, if nuclear weapons become more common, all bets are off: Civilians might then be constitutionally entitled to acquire and possess them. And though the Trump DOJ’s discussion of nuclear weapons may seem farfetched, the same logic would apply to a grenade launcher or bazooka.
That might not even be the weirdest hypothetical DOJ has argued this year.
Trump DOJ Refuses to Rule Out Second Amendment Right to Nuclear Weapons
So can I own a helicopter with 50 cal guns?
I don’t see anything in the 2nd conditioning it on popularity!
Kabeem!