The Constitution says it is the people's rights to bear arms. Therefore, the people have the right to bear nukes. Does the Constitution prohibit them? No, so we are entitled to them, because they are necessary to rebel against the government.
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it is legal to own a nuclear device in the US, providing you get all the federal permits from the regulatory agencies...just as flamethrowers are legal because they are agricultural equipment under the control of the US state department's dept. of agriculture.