Original derailed thread
I won't completely restate what I said in the first thread, but to summarize:
After a brief discussion a few days ago, I was introduced to the idea that the word "arms" might be too narrowly construed to just mean firearms. In the modern day and age, the internet and information is just as much an armament in protection of a free state as guns and bullets are. More so, imho.
If this alternate view of "bearing arms" has been discussed before, could someone direct me to it. If it hasn't, what do you think?
Upchurch:
Hello there!
It seems to me that your question has not really been answered to your satisfaction, so please allow me to offer an answer.
Essentially, the courts have ruled that Second Amendment applies to an actual state militia which is run by the state and funded by the state. And by state, it means the state government in which the militia is based.
You may recall from earlier US military history, each state supplied its own armies which would then be controlled by a commander designated by the President.
Now things are quite different. State militias are no more, and while each state does have a reserve or guard units, which are officially sponsored and commanded by the individual state governments, that is still a far cry from what they were originally. None the less, since the topic is explicitly mentioned in the US Constitution, the courts still give it considerable deference.
As for the personal ownership of arms, the courts have pretty much allowed the Federal and state government to make their own rules about them. Basically, if the authorities have not made a certain weapon for a person to own, then that person may own it.
For example (now alluding to your question about alternate arms),
if someone were to have say a class 3 phaser rifle that was capable of shearing off the top of a small mountain in just a few seconds, then as long as there were no laws expressly forbidding the personal ownership of such a weapon, then it would be all right with the US Supreme Court for someone to have that weapon.
However, if the state were to ban the personal ownership of this weapon by citing that is really a military weapon as opposed to a personal weapon, then the US Supreme Court would essentially uphold the law and cite how the Second Amendment does not apply to the personal ownership of arms.
I hope this helps!