Neal Stephenson responds with wit and humor (2004)
While he makes the point that the Founding Fathers probably had in their minds flintlocks (and sabers, cannon, horse-cavalry) when they were thinking of the arms that the people might keep and bear, at the same time the…
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While he makes the point that the Founding Fathers probably had in their minds flintlocks (and sabers, cannon, horse-cavalry) when they were thinking of the arms that the people might keep and bear, at the same time their view of the press was those with manual printing presses, paper and quill-pens, not radio, TV, high-speed automatic presses and the internet. (Remember that any successful argument limiting the scope of one article of the Bill of Rights can immediately be used in the same form against another... precedent can be a bitch.)
I would point out that the intention of the Founding Fathers was that the militia, both organized and unorganized [gpo.gov], be equipped with such weapons as are customary for the time. (For those who won't RTFLink, the militia is every able bodied male from 17 to 45 that is a citizen or has declared their intention to become one, plus any female that have joined an organized militia, state or national. Religious conscientious objectors are excused from combat duty, and may be assigned noncombatant roles. Still on the books and in effect... if you're American and male, you're a militiaman.) In order to avoid having an standing army in peace-time, the militia would be relied upon to handle defence against an aggressor until an army could be raised. Furthermore, in order that the standing army not be used as an instrument of oppression after it is raised, the militia would be armed alike to the standing army. Indeed, a few years after the Constitution was established, the Militia Act of 1792 was established requiring all men that could afford it to procure a musket, bayonet, shot, powder and associated gear (i.e. the "assault weapons" of the time). Sunday mornings were spent in worship, exercising their hard earned rights; Sunday afternoon were spent at the local firing range, practicing in order to defend those rights.
I think it is clear that the intention of the Founding Fathers was very clear: if the military can have it, the people can have it. It does not, however, follow that the government shall provide it to any individual of the people. Domestic builders of tanks are under contract with clauses to provide them only to the government, so you'll have to build your own, and you can't import them. Want hacking tools? Well, the military doesn't have to give you theirs, but you can write your own.
So the question posed by arashiakari is interesting: if the government is to classify something as an "arm", then they may not infringe the right of the people to keep and "bear" it, even if it is a Perl script, but they don't have to make it easy to acquire. Which does not mean that you can export it, which is where I think the source of the question came from (i.e. the prohibition on the export of cryptographic devices under their classification as a "munition").
When one is unclear as to the intention of the Founding Fathers, the Internet can bring you some of their insight in the form of the Federalist Papers [ou.edu], thanks to Project Gutenberg.
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