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64 votes
Accepted

How are any gun restrictions constitutional?

Because the Supreme Court, who interprets the meaning of the Constitution, said so: Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon ...
Ron Trunk's user avatar
  • 1,500
45 votes

May I bring weapons and/or defend myself when trespassing for a legal reason?

As the answer by Greendrake says, if you have a a legal reason, to enter property, you re not a trespasser. Trespassing is generally defined as entering on property against the expressed will of the ...
David Siegel's user avatar
45 votes
Accepted

How to transport a knife that falls under the Weapons Act

Obviously, there are plenty of kitchen knives over 12 cm in length. A knife that is legal for home use be carried outside the home in an enclosed compartment (verschlossenes Behältnis) which prevents ...
o.m.'s user avatar
  • 18.3k
43 votes

Is there any specific law outlawing private nuclear weapons?

In Germany, nuclear weapons are considered weapons of war, which are heavily regulated. In particular, under § 17 KrWaffKontrG, it is prohibited to develop or produce nuclear weapons or trade in them ...
chirlu's user avatar
  • 721
39 votes

Is there any specific law outlawing private nuclear weapons?

In the US there are a couple of laws preventing a private citizen from owning a nuclear weapon: Possession of any radiological weapon is prohibited by 18 U.S. Code § 832 - Participation in nuclear ...
CramerTV's user avatar
  • 510
27 votes

Are there any notable 2nd Amendment cases not involving (then) modern firearms?

You are conflating two issues The Second Amendment limits the restrictions governments can place on the weapons citizens can own and carry. It applies to all weapons, not just firearms. Teter v. Lopez ...
Dale M's user avatar
  • 213k
18 votes

How are any gun restrictions constitutional?

Constitutional rights generally have limits and exceptions. The First Amendment, for example, reads: Congress shall make no law ... abridging the freedom of speech, or of the press ... But laws ...
David Siegel's user avatar
17 votes
Accepted

Arizona law requires you to admit to carrying a firearm. Would that be admissible evidence?

The 5th amendment protects you from self-incrimination. If by possessing a firearm you are in violation of the law you cannot be compelled by law to reveal this information. If the police discover you ...
Matt's user avatar
  • 605
17 votes

How are any gun restrictions constitutional?

Ron Trunk gave the right answer. For those who are confused about the meaning of "well regulated", see the full analysis (PDF) of the Second Amendment by Jeffrey Rosen, a law professor at ...
MTA's user avatar
  • 1,448
16 votes
Accepted

Do school zone knife exclusions violate the 14th Amendment?

School administrators have the right to try to express the law in seemingly simpler language, but they do not have the right to enforce their misstatements of the law. The law of Louisiana does not ...
user6726's user avatar
  • 215k
14 votes

Is there any specific law outlawing private nuclear weapons?

In the UK this would be covered by both the generic Offensive Weapons Act and more specific prohibitions on explosives, but I'd like to point out that there is a specific ban on using them: Any ...
pjc50's user avatar
  • 1,127
14 votes

Operationalizing the definition of "dating relationship" in federal US domestic violence law

The court decides and there is precedent This type of definition is very common and the legislative intent is to give the court discretion to decide whether the particular relationship in the ...
Dale M's user avatar
  • 213k
13 votes
Accepted

Legal Right to Own Nukes

Almost certainly, there is no such right. It's illegal under 18 USC 831 to possess "nuclear material" without specific authorization. 18 USC 832 forbids the possession of a "radiological weapon". ...
Nate Eldredge's user avatar
13 votes
Accepted

May I bring weapons and/or defend myself when trespassing for a legal reason?

If a court authorizes you to enter a property that won't be a trespass. Such an authorization would be meant to be communicated to the property owner before you enter it — so that they allow you to ...
Greendrake's user avatar
  • 27.2k
12 votes

Dual Criminality for weapons?

Canada and most other jurisdictions internationally have opted to implement the double criminality principle through the conduct-based approach that asks whether the conduct in the foreign ...
Jen's user avatar
  • 59.6k
11 votes

How are any gun restrictions constitutional?

As explained in Justice Thomas's recent decision, the meaning of the constitution has to be interpreted in light of its historical context. If the people who wrote "shall not be infringed" ...
Nullius in Verba's user avatar
10 votes
Accepted

Can a student carry a knife at school?

CO Rev Stat § 18-12-105.5(1) says that A person commits a class 6 felony if such person knowingly and unlawfully and without legal authority carries, brings, or has in such person's possession ...
user6726's user avatar
  • 215k
10 votes

Is there any specific law outlawing private nuclear weapons?

42 U.S. Code § 2122(a): It shall be unlawful, except as provided in section 2121 of this title, for any person, inside or outside of the United States, to knowingly participate in the ...
feetwet's user avatar
  • 21.8k
8 votes

Is there any specific law outlawing private nuclear weapons?

New Zealand specifically has the "New Zealand Nuclear Free Zone, Disarmament, and Arms Control Act 1987", which states in section 5: No person, who is a New Zealand citizen or a person ordinarily ...
llama's user avatar
  • 201
8 votes

If someone shoots you, whose property is the bullet?

It could probably be argued that a bullet intentionally shot from a gun is abandoned property, and thus the shooter has no claim to its return. In addition, such a bullet might be evidence of a crime, ...
David Siegel's user avatar
8 votes

Operationalizing the definition of "dating relationship" in federal US domestic violence law

To some extent it depends upon how the issue presents procedurally. One way it could present is that the conviction is put into a gun purchase background check database, the convicted individual ...
ohwilleke's user avatar
  • 221k
7 votes

Would it be illegal to sell a drone defense system to a nation under an arms embargo?

In the US, it is illegal to sell screwdrivers to Gaza without a license, see 31 CFR 595.409. There are numerous rules pertaining to the Palestinian Authority staring here. Dept. of State has a partial ...
user6726's user avatar
  • 215k
7 votes

Can I kill people with my autonomous drone?

In the US, it depends on the jurisdiction because each state has its own homicide statutes: but, the defining elements don't differ a lot. Drawing on Washington state law, the first question is ...
user6726's user avatar
  • 215k
6 votes

What argument supports a right to bear arms but denies a right to bear nuclear weapons?

The authority you are looking for is District of Columbia v. Heller, 554 U.S. 570 (2008). In this judgement, SCOTUS explained limitations of the second amendment. There is extensive historical ...
MikiRaven's user avatar
  • 194
6 votes
Accepted

Weapons vs objects coincidentally used as weapons

Illegal weapons Weapons are defined and are made illegal by statute. In many states, it is illegal to possess brass knuckles. For example, California penal code 12020(a)(1) makes it illegal to ...
K-C's user avatar
  • 4,024
6 votes

Is it legal for civilians to pull (point) guns on each other?

Depending on the state, menacing may be a separate offense from assault. For example, here is New York State's law on menacing (New York Consolidated Laws, Penal Law - PEN §120.13–16): §120.13: A ...
Michael Seifert's user avatar

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