After Scalia passed away I looked into some of his more
interesting ideas on what the Constitution says. In the case of Guns, he
said that they had to be hand carried. Scalia based this in the second
amendment saying that we have the right to keep and bear arms. In other
words they must be man portable and able to fit in one's home. As such he
rejected the idea that Americans can own something like a cannon due to it not
being able to be hand carried (though this is changing with future technology).
However, he said things like rocket propelled grenades and other
recoilless weapons that could potentially take out an airplane or even a tank
where not known to be protected or not under the second amendment. He
said he looked forward to such a discussion. However, the fact that our
weapons rights are limited to hand carried weapons in Scalia's opinion shows
something of Scalia's conservatism and jurisprudence. It was that he was
a textualist. Therefore if the Constitution did not specify something
more substantial than a rifle or that cannot be hand carried, then it was not a
part of the people's right to keep and bear arms. I personally believe
that he potentially would have ruled that RPG's and similar weapons were legal,
but with restrictions. With respect to guns as a whole, I personally
think there are no true restrictions on what weapons can be owned so long as
you use them to defend your family and your country, but that's just my two
cents.
Final Thought: Scalia was an interesting man, and
for people who love political science and enjoy politics, whether you agree
with him or not, he was someone to be listened to and even admired. Thank
you justice Scalia for your service, I hope your successor is as excellent as
you.
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