RKBA and Nuclear Weapons

A common argument in the gun control vs. gun rights controversy is the question of whether a private citizen has the right to own nuclear weapons.

The Constitution authorizes Congress to grant "Letters of Marque and Reprisal" - basically Congress may give permission to private citizens to go attack foreign ships & countries (presumably for retaking stolen property, retribution, etc.). Such permission presumes that said citizens either already have or may obtain battleships and other maximum-firepower weapons. Nothing is said about granting permission to own such weapons, only to use them outside US borders, indicating that the 2nd Amendment fully applies to the biggest weapons available at the time. Today, that would by extension include aircraft carriers, B2 bombers, and nukes.

Don't react to that yet. Keep reading.

Cooper's Four Rules defines minimal yet complete and redundant rules for handling guns, and by extrapolation, other weapons. You have the right to own and carry a gun, but if you break those rules and thus create a dangerous situation, others (including by incorporation the government) have the right to disarm you in the interest of their own personal safety - you have the right to own a gun, but if you point it at me without proper cause, I have the right to disarm you with deadly force. While one has the Constitutional right to own a nuke, I contend that it is nearly impossible to "keep" one (much less "bear") without inherently violating a nuke version of Cooper's Four Rules, and thus other citizens (acting alone or as an incorporated government) have the right to disarm anyone of their personal nuke - you have the right to own a nuke, but I have the right to disarm you of it via deadly force if you bring it within range of me, just as I have the right to disarm you of a rifle if you point it at me (even if it is unloaded).

You have the 2nd Amendment Constitutional right to own a nuke - but if you bring it in range of ANYONE innocent, even if it is disarmed, you can be legally and righteously terminated.


Constitution for the United States of America

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Article. I.
...
Section. 8. The Congress shall have Power To ... grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;


THE BILL OF RIGHTS
The First 10 Amendments to the Constitution as Ratified by the States

December 15, 1791
Preamble
Congress OF THE United States begun and held at the City of New York, on Wednesday the Fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution
...
Amendment II
A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.


Webster Dictionary, 1913

Marque (Page: 897)
Marque (?), n. [F. marque, in lettre de marque letter of marque, a commission with which the commandant of every armed vessel was obliged to be provided, under penalty of being considered a pirate or corsair; marque here prob. meaning, border, boundary (the letter of marque being a permission to go beyond the border), and of German origin. See March border.] (Law) A license to pass the limits of a jurisdiction, or boundary of a country, for the purpose of making reprisals. Letters of marque, Letters of marque and reprisal, a license or extraordinary commission granted by a government to a private person to fit out a privateer or armed ship to cruise at sea and make prize of the enemy's ships and merchandise. The ship so commissioned is sometimes called a letter of marque. <-- privateer -->