They tend to lean on whether it is reasonable that the Founders might have had access to such a weapon with their technology. Machine gun is just a rifle with automatic rechamber. Not an unreasonable upgrade for 1700s technology. Maybe, I dunno; political people don't have to actually care about the details.
There are limits. And if cases like this made it there they might rule that no Founder was smelting the materials. That they would have had to collaborate, in some "market dictates options" ruling to limit hermits going in a rampage. Also everyone a weapons assembly line in their home is anti-corporate capitalism.
"George Washington understood the value of civic life and sound economics! He would not have tolerated such insular selfishness! He did not make his own weapons! He engaged in trade!"
Not saying it's realistic but politics is not never controlled by people living in reality. Making shit up seems as reasonable as anything.
This is largely machine guns and explosives. Pistols, rifles, etc are ordinary weapons in common use*
*NYC authorities may not agree
Sawed off shotguns seems arbitrary and that was ultimately my (pre-coffee) point; government is fine with coming up with an arbitrary restriction when they want.
They could outlaw the means of production. Gen pop is not allowed to own that.
Basically everything else can be owned with an NFA tax stamp. Nuclear weapons my understanding is the difficulty is more with laws on handling the material than specifically owning one as a weapon, so I'm unsure those are even outright illegal either.
Explosives are actually one of the ones with looser restrictions. Even felons can own and re-instate their explosives rights, because bafflingly when congress de-funded the firearms rights restoration process for felons they forgot to do the one for explosives. Felons can also own and manufacture explosive black powder without scrutiny or paperwork, even ones intended to go in a black powder gun.
There’s a whole community of folks building semi-automatic auto-return triggers that are “technically” semi automatic, but with just a gentle squeeze, fire off another. If you maintain that grip, the return mechanism engages, returning the trigger to firing position, where your pressure causes it to fire again… it’s called a Forced Reset Trigger.
A large fraction of the harm from firearms comes from their ability to fire rapidly which didn’t exist when the constitution was written. As such it was making a very different balance of risk between the general public and individuals.
2. As someone else pointed out, early repeating rifles did exist then.
3. If the meaning of the constitution is only to be evaluated against the technology available at the time -- what does that say about the validity of the 1st or 4th amendments with modern technology?
Very obviously individuals were expected to be part of the militia, which was the military at the time (c.f. the Militia Acts 2 years after ratification requiring individual gun ownership and very clearly laying out that all able-bodied white male citizens aged 18-45 were part of the militia), but also states could regulate weapons if they wanted.
Not a firearm.
I didn’t say we could ban compressed air powered guns, I specifically said percussion caps. The Girardoni was way less dangerous than a modern handgun.
"No person, firm or corporation shall sell or deliver any three-dimensional printer in the state of New York unless such printer is equipped with blocking technology," https://www.nysenate.gov/legislation/bills/2025/S9005
They don't like firearms in the hands of the public.
The goal is to be an indirect ban that's hard to challenge. California has had significant success with strategies such as requiring "microstamping technology" (but it could be anything - it's just a limiting mechanism) in conjunction with an approved handgun roster to limit handgun sales in the state. This is almost certain to be a similar strategy.
One can always expect the "don't thread on me" country to have some of the craziest, most intrusive rules at the most random places.
> But the answer to misuse isn’t surveillance built into the tool itself. We don’t require table saws to scan wood for weapon shapes. We don’t require lathes to phone home before turning metal. We prosecute people who make illegal things, not people who own tools.
