Eleanor Finch
The Second Amendment of the US Constitution states that 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. While the interpretation of this amendment has been debated, with some arguing that it guarantees citizens the right to own firearms, it is generally understood that the amendment does not allow private citizens to own certain types of weaponry, such as tanks with functional weaponry. In the US, owning a tank with a functioning gun requires a federal permit, and even then, it would likely not pass safety inspections for driving on public roads.
| Characteristics | Values |
|---|---|
| Can a US citizen own a tank? | Yes, but it cannot have functional weaponry. |
| What about the Second Amendment? | The Second Amendment guarantees the right of states to form well-regulated militias, but does not include the word "own". |
| What does the law say? | There is a ban passed in 1986 that prevents citizens from owning military-grade weaponry made after that date. |
| What do you need to own a tank with a functioning gun? | A federal permit and registration and inspection in your state to drive it on the street. |
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What You'll Learn
The Second Amendment
The debate over the Second Amendment centres on the meaning of the phrase "keep and bear Arms." Gun rights advocates often interpret this as guaranteeing citizens the right to own firearms without restriction. However, others argue that the phrase was understood differently when the Constitution was written in 1787. At that time, "'bear arms' was commonly understood to mean 'be a soldier or militiaman', indicating that the amendment was meant to ensure that state militias could maintain arms for the defence of the state.
The Supreme Court has weighed in on this debate, with a conservative-dominated court in 2008 affirming that the Second Amendment protects the right of private individuals to own firearms. However, this interpretation has been criticised by some, including former Chief Justice Warren Burger, who called it "one of the greatest pieces of fraud...on the American people." He argued that the amendment was never intended to guarantee citizens unrestricted access to any weapon they desire.
While the Second Amendment protects firearm ownership, there are still restrictions on the types of weapons that citizens can own. For example, a federal permit is required to own certain types of tank armaments. Additionally, a 1986 ban prevents citizens from owning military-grade weaponry made after that date.
Ultimately, the debate over the Second Amendment and the right to own weapons, including tanks, remains a divisive issue in the United States, with strong arguments on both sides.
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Militia vs. individual rights
The Second Amendment of the United States Constitution states:
> 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.
This amendment has been the subject of considerable debate, with some arguing that it creates an individual constitutional right to possess firearms, while others interpret it as restricting Congress from prohibiting a state's right to self-defence. This is referred to as the "collective rights theory".
Those who support the individual right theory argue that the phrase "the right of the people to keep and bear Arms" indicates an individual right to possess firearms, regardless of their affiliation with a militia. They further argue that the Second Amendment restricts legislative bodies from prohibiting firearm possession.
On the other hand, proponents of the collective rights theory assert that citizens do not have an individual right to possess guns. Instead, they interpret the prefatory language "a well-regulated Militia" as indicating that the Framers intended to ensure the effectiveness of the military and allow state governments to regulate firearms without violating a constitutional right.
The Supreme Court has weighed in on this debate in cases such as United States v. Miller (1939) and McDonald v. City of Chicago (2010), but its rulings have not always been consistent. In United States v. Miller, the Court adopted a collective rights approach, determining that Congress could regulate certain firearms under the National Firearms Act of 1934. In McDonald v. City of Chicago, the Court held that the Second Amendment applies to the states, challenging the constitutionality of a handgun ban in Chicago.
While the Second Amendment does not explicitly mention tanks, some have argued that the right to keep and bear arms should extend to owning tanks. However, there are legal restrictions on owning operational tanks and military-grade weaponry, and obtaining the necessary permits can be challenging.
In conclusion, the debate over militia vs. individual rights in the context of the Second Amendment continues to be a complex and highly contested issue in the United States, with legal interpretations and restrictions evolving over time.
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Federal permits
While there is no federal law prohibiting the ownership of a decommissioned tank, there are stringent requirements for owning a functional tank. To own a tank with its guns operational, you must obtain a federal permit. This is because the tank's armament is considered a weapon and is regulated separately from the vehicle.
To obtain a federal permit for a tank armament, individuals must comply with specific regulations. Firstly, the type and model of the tank are crucial factors. Certain states, like Arizona, permit the ownership of tanks with functional weaponry, including the main gun and coaxial machine gun. However, in most other states, tanks with operational guns are prohibited on public roads.
The process of registering and inspecting the tank is also necessary to obtain a federal permit. The tank must be modified to meet safety standards, including adding headlights, brake lights, and airbags. Additionally, the tank's treads must be altered to prevent road damage. Even with these modifications, tanks typically fail to meet safety standards for driving on public roads.
It is important to note that certain types of military-grade weaponry are banned for civilian ownership. A ban passed in 1986 prohibits civilians from owning military-grade weapons manufactured after that date. This includes not only armament but also items like GPS trackers capable of tracking devices at high speeds. Furthermore, there are restrictions on owning active nuclear warheads and certain categories of weapons, as outlined in the KrWaffKontrG (Kriegswaffenkontrollgesetz) regulations.
Overall, while it is possible to obtain a federal permit for a functional tank, the process is complex and subject to strict regulations. The permit primarily applies to the tank's armament, and even with a permit, there are limitations on where the tank can be operated due to safety and roadworthiness considerations.
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Safety regulations
To own a fully functional tank with operational guns, federal permits are required, which are incredibly challenging to obtain. Tanks are typically not considered "street legal" due to the absence of standard safety features like headlights, brake lights, and airbags. They also exceed weight limits on public highways and roads. To drive a tank on public roads, it must undergo significant modifications to meet roadworthiness standards and be insured.
In Germany, the KrWaffKontrG (Kriegswaffenkontrollgesetz) law defines decommissioned tanks as those that are permanently disabled and unfit for military purposes. The KrWaffUnbrUmgV outlines rules for demilitarizing and handling weapons of war, banning the ownership of armored vehicles and tanks with functioning engines. Obtaining a license for an armored vehicle with an engine is challenging, and licenses for battle tanks are not available.
In the UK, tanks can be made street-legal if they pass government roadworthiness tests and can be insured. However, finding spare parts for tanks may be challenging. Properly demilitarized tanks, with deactivated or replica armaments, are allowed, but they cannot be driven on public roads.
Regardless of the country, owning a tank with functional weaponry comes with strict regulatory requirements and permits. The safety regulations aim to prevent the unauthorized use of tanks and ensure that individuals do not pose a threat to public safety.
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Propaganda and special interest groups
While the Second Amendment of the US Constitution grants citizens the right to keep and bear arms, the interpretation of this amendment in the context of owning tanks is a subject of debate. Special interest groups and think tanks often have a vested interest in influencing public opinion and policy decisions surrounding gun ownership and the Second Amendment. These organisations may use propaganda and biased information to push their agendas and shape public discourse.
Special interest groups, including citizen groups, corporate interest groups, trade and professional associations, unions, and advocacy arms of institutions, have become increasingly prevalent in American politics. These groups often leverage social media and online platforms to disseminate their messages and reach a wider audience. While some special interest groups may act in good faith, aiming to protect the rights of citizens to own weapons, others may be driven by private or corporate interests.
The line between special interest groups and think tanks can sometimes blur. Think tanks, such as the one described by author James McGann, generally have a charitable public mission and are governed by volunteer boards. They provide research and expertise to legislators and the public. However, both think tanks and special interest groups can exhibit bias and push specific agendas. As Kathleen Marchetti, a political science professor, advises, it is crucial for consumers of information to be vigilant and scrutinise the data and messages propagated by these organisations.
In the context of tank ownership, special interest groups and think tanks may employ propaganda techniques to sway public opinion. They might frame the debate around individual freedom and the right to self-defense, invoking an "us versus them" mentality. For example, they could argue that owning a tank is a fundamental liberty that should not be infringed upon by the government. Additionally, these groups may selectively present data or use misleading statistics to downplay the potential dangers of allowing private citizens to own tanks.
It is essential to approach the information disseminated by these groups with a critical eye. Examining the funding sources and underlying motivations of these organisations can help identify potential biases and hidden agendas. While special interest groups and think tanks can provide valuable insights and perspectives, it is the responsibility of the public to discern fact from fiction and make informed decisions regarding the complex issue of weapon ownership, including the controversial question of private tank possession.
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Frequently asked questions
In the US, an ordinary citizen cannot own a tank with functional weaponry. However, it is possible to own a tank with its guns decommissioned.
The Second Amendment guarantees the right of states to form well-regulated militias. The phrase "keep and bear arms" does not include the word "own", and police, soldiers, and militias "keep and bear arms" without owning them. The interpretation that the Second Amendment guarantees an unfettered private ownership of guns is the result of a propaganda campaign by the gun industry.
Former Chief Justice Warren Burger, a conservative appointed by Nixon, called the gun lobby's interpretation of the Second Amendment "one of the greatest pieces of fraud [...] on the American People by special interest groups". He further clarified that the Second Amendment was intended to ensure that state armies or militias were maintained for the defence of the state.
Allowing private citizens to own tanks could enable mass murder and violence. For example, the Halloween terrorist used a rental truck instead of a tank, which limited the number of people killed. If private citizens were allowed to own tanks, it would be easier for potential killers to access them and cause more harm.
In addition to the restrictions on functional weaponry, there are other regulatory hurdles to owning a tank. A federal permit is required to own a tank with operational guns, and the tank must be registered and inspected by the state to drive on public streets, which it would likely fail due to safety concerns.
