Should drones fall under the 2nd amendment ?

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#1
Should armed drones fall under the second ammendment ? This is a question which many legal scholars are asking in the USA. This is also coming at a time when many Americans are starting to question what should be the role of the American government. To what degree should the American government be allowed to interfer in people's lives.

An interesting debate.


The Next Gun Debate? Armed Drones Could Be Protected By the Second Amendment


www.usnews.com/news/articles/2013/05/21/the-next-gun-debate-armed-drones-could-be-protected-by-the-second-amendment
 

kd3pc

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#2
First I would correct your assessment that "many legal scholars" is most likely a few, at most. Or we would have heard more about it, since the 2013 date of the article sited.

For centuries we Americans have debated the role of the American gov't and that will not end or even be amended by the appearance of drones.

Now add in what most people know about the 2nd amendment and you will discover that ONLY a supreme court decision will add clarity and definition to the point that we can continue the discussion of just what the 2nd really "means".

We need to understand what is meant by "arms" and then what does "to keep and bear" those arms mean in today's world. In the US, drones are too new for most existing law to be relevant, kind of like internet issues, where they are similar to telephone crime, yet the law does not address the Internet, explicitly - so things fall through the cracks.

Now factor in the state's rights to enact 2nd amendment restrictions and you have a mess. Ethically and politically.

What do you think?
 
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#3
Drones can be used as a weapons among many other things. Drones could also be used to deliever pizzas.

The American founders where familiar with tyrantical governments who used force of arms to impose thier will. The American revolutionaries had weapons which where equal or in some cases better then their enemies. Many of the founding fathers stated that a balance of arms keeps a tyranical government from oppressing the people.

Paine mentioned that a government is a nessary evil and should be as small as possible. This indicates that they expected the average citizen to be responsible for thier own defense.

The intent of the founding fathers is fairly clear, based on that if the fathers knew about drones they would say they fall under the 2nd ammendment.

The government will attempt to twist the second ammendment and exempt drones from it.
 
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#4
I don't find it likely that technology like drones would fall into a 2nd amendment category. This is a whole new spectrum of law that would require its own terminology and guidelines. There would be no twisting of the second amendment. We would simply write new laws for categorical technology. We may have to vote in the future of how we would like to be able to use drones in our daily lives. We really do not need to make this harder than it really needs to be.
 
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#5
I think that this is going to have to be a completely separate category for the government to assess about laws and rules and regulations for these drones, not just throw it into the mix with all of the gun laws. I'm not sure if that means that there is going to need to be a separate amendment for drones like we have one for gun laws and multiple other things, but there definitely needs to be separate laws for it. They're not the same.
 
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#6
They should introduce a whole new drone control law. They need to address this issue before it gets out of hand. And drones are becoming more and more popular these days.
 
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#7
I don't think they're covered under the 2nd amendment. There's no reason for them to be. Should tanks fall under the 2nd amendment? IMO Americans are way too armed already.
 
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#8
I don't think the Supreme Court would allow folks to keep drones under 2nd amendment protections. At least not ones that are capable of weaponry and such. You never know. Its not quite as cut and dry as it may seem.
 
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#9
The whole 2nd Amendment has been interpreted and re-interpreted over the years in the Supreme Court. The original clause was inserted as the country was under threat from the British and as there the National Army was still being set up, the right to bear arms was inserted as a right for people to protect themselves from invasions.

To say that the clause extends to drones is too much of a stretch and the judges are divided and can be hypocritical as many are originalists who adhere to the original meaning of the Constitution and the clause was not intended to allow people to own guns when there was no threat or to have weapons when there is no threat.
 
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