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. This has been interpreted in various ways, with some arguing that it guarantees citizens the right to own firearms and others contending that it ensures states can form militias. While the Constitution does not explicitly prevent individuals from owning tanks, certain restrictions apply. Owning a tank with functional weaponry is prohibited for US citizens, and a federal permit is required to possess a tank with operational guns. The rationale behind these regulations is to prevent indiscriminate destruction and ensure public safety.
| Characteristics | Values |
|---|---|
| Date | 2015-03-31, 2022-09-20, 2022-09-25, 2024-05-29 |
| Subreddits | r/explainlikeimfive, r/NoStupidQuestions, r/legaladviceofftopic, r/polls |
| Discussion Topics | Legal right to own a tank in the US, Second Amendment, constitutional law, federal permits, state laws |
| Opinions | Varied, some believe citizens should be able to own tanks, others argue against it due to safety concerns and the potential for misuse |
| Mentioned Laws/Amendments | Second Amendment, First Amendment |
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What You'll Learn
Owning a tank with a functional weapon is illegal in the US
The Second Amendment of the US 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.
The interpretation of the Second Amendment has been a topic of debate, with some arguing that it guarantees the right of individuals to own weapons without restriction. However, others contend that the amendment was intended to ensure that state militias could maintain their defence capabilities, not to grant unfettered weapon ownership to citizens.
While there is no federal law prohibiting private citizens from owning a decommissioned military tank, owning a tank with functional weaponry is illegal in the US. Tanks are classified as destructive devices and are subject to strict regulations. To own a tank with its guns operational, an individual would need to obtain a federal permit, which is extremely difficult to acquire. The permit would require extensive background checks, licensure, and payment of a transfer tax and tax stamp.
State laws also impose restrictions on tank ownership. For example, tanks cannot be registered for road traffic and cannot obtain license plates, preventing them from being driven on public roads. Additionally, most tanks are not "street legal" as they lack the required safety features such as headlights, brake lights, and airbags.
The primary concern surrounding tank ownership by private citizens is the potential for misuse and harm to others. While the Second Amendment guarantees certain weapon rights, the government has the responsibility to balance those rights with public safety.
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The Second Amendment does not guarantee private ownership of weapons
The Second Amendment of the U.S. Constitution guarantees "the right of the people to keep and bear arms". However, the interpretation of this clause has been a subject of debate, with some arguing that it only applies to militias and not private citizens.
Historically, the Second Amendment was intended to allow citizens to defend themselves against unlawful violence, be it from criminals or a corrupt government. The amendment was also meant to ensure that state armies or militias could be maintained for the defence of the state. The founding generation believed that governments could use soldiers to oppress the people, and so it was important to allow civilians to arm themselves for protection.
Over time, the interpretation of the Second Amendment has evolved. In United States v. Cruikshank (1876), the Supreme Court rejected the idea that the amendment protected the right of individuals to keep and bear arms from infringement by the states. However, in District of Columbia v. Heller (2008), the Supreme Court ruled that the Second Amendment protects an individual's right to possess firearms for their own defence, not just as part of a militia. This ruling was reinforced in Caetano v. Massachusetts (2016), where the Court struck down a ban on stun guns, finding that they are protected under the Second Amendment.
Despite these rulings, the Second Amendment does not guarantee private ownership of all weapons. The Supreme Court has suggested that regulations prohibiting certain individuals, such as criminals and the mentally ill, from possessing firearms are constitutional. Additionally, certain types of weapons, such as sawed-off shotguns, are not protected by the Second Amendment as they cannot be used for law-abiding purposes.
Furthermore, the Second Amendment does not grant citizens the right to own military-grade weaponry. In the United States, citizens are not permitted to own functional bombs, mortars, or nuclear weapons. While an ordinary citizen can own a tank, they must obtain a federal permit for it to have operational guns. This distinction between the types of weapons that can be owned by private citizens highlights that the Second Amendment does not guarantee unrestricted private ownership of all weapons.
In conclusion, while the Second Amendment protects an individual's right to keep and bear arms, it does not guarantee the private ownership of all weapons. The interpretation and application of the Second Amendment continue to evolve, with courts evaluating the historical nature of the right and the specific use of a firearm or weapon in question.
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Owning a tank with a disabled main gun is legal
In the United States, it is legal to own a tank with a disabled main gun. However, there are several regulations surrounding tank ownership. Firstly, a decommissioned tank without functional weaponry is permissible, but a federal permit is required if the tank has a functioning main gun. Obtaining such a permit is extremely difficult.
Furthermore, tanks are typically not considered street legal due to the absence of required safety features such as headlights, brake lights, and airbags. They also often exceed weight limits on public roads and highways. Tanks with their armour intact may still be classified as weapons of war and are subject to specific laws and ordinances, such as the NFA, that regulate the ownership of destructive devices.
While the Second Amendment of the US Constitution guarantees the right to bear arms, the interpretation of this right regarding tank ownership is debated. Some argue that the amendment was intended to empower state militias rather than guarantee unrestricted weapon ownership to individuals.
Overall, while it is legal to own a tank with a disabled main gun in the US, there are significant regulatory and practical considerations that limit the feasibility of private tank ownership.
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The Supreme Court has the power to interpret the constitution
The US Constitution establishes the federal judiciary, with Article III, Section I stating:
> The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
The Supreme Court has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution, but it is widely accepted that the Supreme Court has the final say on interpreting the Constitution. This is because the Constitution contains many vague and open-ended words and phrases, and does not provide rules for interpretation.
The Supreme Court's interpretations of the Constitution are more important than the text itself, as the Court's decisions are based on current conditions and problems, rather than the intentions of the Framers. This is exemplified by the Court's rulings on the Second Amendment, which have interpreted the right to keep and bear arms as not including the right to own a tank with functional weaponry.
The Supreme Court's power to interpret the Constitution has had a profound impact on society, with landmark cases such as Tinker v. Des Moines Independent School District (1969) holding that students could not be punished for wearing black armbands to school to protest the Vietnam War. The Court's interpretations of the Constitution also ensure that each branch of government recognizes the limits of its power and protect civil rights and liberties by striking down laws that violate the Constitution.
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The First Amendment doesn't distinguish between types of weapons
The Second Amendment to the US 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.
The interpretation of this amendment has been a subject of debate, with some arguing that it grants citizens the right to own weapons without restriction. However, this interpretation has been disputed, with former Chief Justice Warren Burger stating that the amendment was intended to ensure that state armies or militias could be maintained for the defence of the state.
The Supreme Court has ruled that the Second Amendment does not protect weapon types that do not have a "reasonable relationship to the preservation or efficiency of a well-regulated militia". This means that while citizens may have the right to own certain types of weapons for self-defence, this right does not extend to all types of weapons without restriction.
The First Amendment to the US Constitution protects freedom of speech and religion, and the right to assemble and petition the government. While the First Amendment does not distinguish between types of weapons, it is important to note that the right to keep and bear arms is addressed separately in the Second Amendment. The First Amendment has never protected perjury, fraud, or other crimes committed through speech, just as no reasonable person would believe that violent criminals should have unrestricted access to guns or that any individual should possess a nuclear weapon.
The interpretation of the Second Amendment has evolved over time, and courts have recognised that reasonable gun control laws are constitutionally permissible. For example, bans on the possession of firearms by felons and the mentally ill, restrictions on guns in sensitive places like schools, and commercial sale restrictions have been upheld by courts. Additionally, the Supreme Court has ruled that the Second Amendment does not grant the right to bear arms but restricts the powers of the National Government from infringing on this right.
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Frequently asked questions
In the U.S., it is illegal for ordinary citizens to own a tank with functional weaponry. However, it is possible to own a tank with its guns decommissioned.
The Second Amendment 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." The interpretation of this statement has been a source of debate. Some argue that it guarantees citizens the right to own weapons, including tanks, while others contend that it refers to state militias and does not grant individuals unrestricted weapon ownership.
Citizens are prohibited from owning military-grade weapons manufactured after 1986. This includes armament on aircraft like the Apache helicopter and certain unexpected items like GPS trackers capable of tracking devices above specific speeds.
The restriction on private tank ownership is in place to prevent potential mass destruction. Allowing citizens to own functional tanks is seen as a threat to public safety, as it would provide individuals with excessive firepower.
To own a decommissioned tank, it must be registered and inspected in your state. Even with its guns decommissioned, a tank is unlikely to pass the safety requirements for street driving. Additionally, you must obtain a federal permit if you want to own a functional tank armament and its ammunition.
