Just like they would fail if someone tried to do the same thing with the bitcoin protocol?

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You're missing my point. Not ending or attacking the protocol. The restrictions on ownership manufacturing and distribution or movement of the asic miners. I'm not sure how many times I can explain this.

Logically they would have no ground to stand on as ASICS are totally non-lethal.

2A is not an attack vector, it was written to allow the population to project physical power on their oppressors and that's exactly what it's going to do.