MakeMe$$$$ wrote:Aitrus wrote:MakeMe$$$$ wrote:By your statement the KKK could form a lawful, weapons bearing militia as log as it drills, has a structure and self regulates itself. So, by extension any group of camo wearing, government hating, gun toting people can be called a constitutionally protected militia. HMMMM...More guns please.
Correct, they could, and would be fully within their rights to do so. What actions they took, however, would be subject to further law. Murder, theft, extortion, etc. Just because they are organized and armed doesn't mean they're evil. It's what they do with that organization that matters.
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OK...that seemed like double speak to me. The question was whether the KKK, an organization known to murder, steal, extort and such could create a constitutionally protected militia?
Not doublespeak. Doublespeak would be saying "We'll ensure your freedom by enacting the Patriot Act." or "We will ensure equality of healthcare by enacting the Affordable Health Care Act." Neither of those Acts does what they said it would do, but in fact the opposite.
The 2nd Amendment, as written, prevents the government from restricting our right to own, bear and use arms. It is what people, and organizations, do with those arms that do or don't matter. It is those actions that are punished by law.
Thus, the fact that the KKK can organize a militia and be constitutionally legal to do so is separate from what they actually do with that militia. If they choose to patrol their neighborhoods to keep out unwanted elements (gangs, criminals, etc), they have that right. However, if they want to patrol, kidnap, and execute individuals they don't approve of, then the individual members who took part in that act should be held accountable to the law. The rest of the organization may remain because they didn't do anything wrong.
Their opinions and beliefs might be reprehensible to most, but the 1st Amendment guarantees them the right to have those opinions, as well as their right to assemble and petition the government. As long as they stick to those actions only, then the KKK is a completely legal entity. If the platform of the group changes to endorse actions such as kidnapping, murder, etc and individual members or the organization as a whole takes steps to act upon that platform, that the organization then becomes illegal. At that point the protective entities within the government come into play to deal with the situation. The government has no constitutional authority to act before that point, and this includes limiting the ownership and restriction of firearms.
Everything I just said above would also apply to other groups, such as the Black Panthers / New Black Panthers, etc. Another tidbit: The KKK was founded by, and is still populated by, Democrats.
Using the argument of "Well, he's got a gun, and he might do something bad with it, so we have to keep him from having it" is an illogical argument. In our country of Laws, a person is innocent until proven guilty. We do not live in a "Minority Report" world where pre-crime is punished, or even assumed.
Bottom line, any level of fear, misinformed ignorance, aprehension or differing opinion of firearms and their uses does not trump my right to own and use them.
And yes, it's legal to own a tank.
http://www.militarytanksforsale.org/how-to-legally-purchase-military-tanks-for-sale.html http://www.military-vehicles.us/military-tanks-for-sale.shtml#army-tanks-for-sale