Really? So you do not even hold the DC Vs. Heller is a correct court decision?
Nope. Wasn't really a "decision", really. Was just a legal cop-out. See below.
That is the current law BTW. Should the FA be taking this to the SCOTUS to challenge all gun laws?
Up to her.
Do you also find it unreasonable that people in the US cannot say own a nuclear weapon?
AFAIK, I don't think you will be able to find a law on the books that specifically limits an individual's ability to own a nuclear weapon today.
There may be those who would interpret existing bomb law to apply, against owning certain "Classes" of explosives without a license would be illegal without a permit, but of course, a nuclear weapon technically isn't composed of primarily anything explosive.
Depending on design, you'll need a certain amount of explosives in the form of a very accurate shape-charge to start the nuclear chain-reaction. So you'd probably be in violation of explosives laws if you didn't have an explosives license.
I do believe you could find a law against individuals being allowed to refine nuclear material... (hunting for that one, could be wrong)...
And there's International treaties that limit which countries can own nuclear weapons (as if they care), and what they can do with them (again, as if they care... Etc. And only very indirectly would an individual care if they were breaking a treaty. (Numerous countries are in violation of the treaties today, so... it's really a "Who cares?")
You'll also find environmental laws galore about what to do to protect others from the radioactive materials involved. That'd probably be the majority of the lawbreaking, actually.
But... I haven't been able to find any specific law banning an individual from owning a nuclear weapon.
Nothing in the law books stopped Eagle Scout, David Hahn, from attempting to build a breeder reactor in his mom's back yard when he was 17:
http://en.wikipedia.org/wiki/David_Hahn
According to Wikipedia, he wasn't allowed to join the nuclear engineering side of the Navy after enlisting because he had already received the "lifetime" exposure limit to Thorium, according to sourced information at Wikipedia, and also according to Wikipedia he later enlisted in the Marines, but it says "[citation needed]" on that one.
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I hadn't looked up his story in a while.
Even more interesting in that story is that he was only charged with larceny, and not charged with anything else. He was stealing smoke detectors for their radioactive material when the cops figured out what he was doing with it at home and slapped the panic button bringing in a Federal NEST team.
The arguably smarter Thiago Olson is one of only 20 or so known amateurs to build their own fusion reactors. He did it when he was 15, in a basement.
http://www.popsci.com/diy/article/2007-03/popsci-videoteen-builds-basement-nuclear-reactor
(Side-note: I love that Popular Science put this in their "DIY" section! LOL!)
Pretty nice machine work. It doesn't say if he did that work or if he paid for the parts. Interesting though.
A tiny reactor like this is quite a ways from where you'd need to go to fabricate a weapon, or even refine nuclear material, but it shows that someone with appropriate care and knowledge could easily be doing it right now, in a backyard or basement somewhere.
Laws have little effect in this arena, but the knowledge and skill level required does.
None of this means it would be smart to try to build or to obtain a weapon, however. Not at all. You'd probably disappear under the dark of night never to be heard from again, if you could somehow dig up your own material, refine it, and build a device with any significant yield, etc.
But, AFAIK... there's no law against it as of right now. And I'm pretty sure no matter how many laws your family said you DIDN'T break, you wouldn't be coming home very fast after being "detained". (Note: Not "arrested and charged with a crime".)
Anyway, this is a fun side-conversation to hijack the thread, but it doesn't really matter to me, as it's not one of the enumerated rights in the Constitution to own a nuclear bomb.
I suppose maybe you're defining it as "arms", but I'm willing to stop at so-called "Weapons of Mass Destruction". Of course, there's a risk that the definition of WMD could change over time, so that's perhaps a slippery slope in-and-of itself.
How big is a "mass"? Does 5 directly killed people and a glow-in-the-dark shopping mall becoming a SuperFund site from a fizzled "dirty bomb" that was badly made -- count as "Mass" destruction? Who knows. I'm not planning on finding out in Court or otherwise.
As far as the court case about firearms goes, define "unusual" and "dangerous" when it comes to a weapon?
Under their so-called "decision", we could collectively decide tomorrow that your pocket knife (since a majority of people don't carry them anymore on a daily basis) is "unusual" and of course, it could cut someone, so it's "dangerous", and could be banned under the Court's "decision"...
In other words, they didn't really make a decision -- they wimped out and effectively left it up to the States, except for certain categories of "controlled" firearms.
Even some of those can be obtained with appropriate permits, such as machine guns. And if you're building the weapons for Uncle Sam, they typically allow the contractor to own/operate them, for testing purposes. There's a very nice sniper rifle company making a nice profit from sales of their gun, based in Idaho, who's allowed TV crews to film the accuracy of the weapon... (pretty damn incredible too, or scary if you're ever expecting to be on the receiving end of the incoming round.)
Can you own a tank? Yes. A fighter aircraft? Yes. Etc. Plenty of precedence of Americans owning military weapons privately. So what was your point? Or were you just interested in my opinion on the question?
My opinion is, that you can build all the nuclear weapons you want, Scott. I probably won't be able to visit you very often or talk to you on the Internet while you enjoy the lovely beaches of Cuba at Guantanamo Bay or the beautiful prairies of Kansas at Leavenworth. And maybe if you were super-psycho, you might get to visit us here in Colorado at SuperMax.
I am not making judgements on the why/how/law of such facilities, only pointing out that you'd probably be in one of them.
I could wave as I flew by in the 182. It'd be a crap-shoot as to which window was yours though, and I don't think I'll be circling the facility to make sure you see me.
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