The 2nd Amendment needs to be upheld! The bad guys will always have guns. People need to be able to protect themselves. The current law: The Second Amendment provides: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” The U.S. Supreme Court has ruled that the prefatory language does not limit the ability to bear arms. The Brady Bill (or Act—18 U.S.C. §921 et seq) practically largely overrides the Second Amendment, and prohibits access to arms to: (1) a person under indictment for a crime, or convicted of a crime punishable by imprisonment for a term exceeding one year; (2) a fugitive from justice; (3) someone addicted to certain drugs; (4) a person adjudicated as a mental defective or committed to any mental institution; (5) an illegal alien and a person admitted under a nonimmigrant visa; (6) a person discharged from the Armed Forces under dishonorable conditions; (7) a former citizen; (8) a person subject to a court order that restrains the person from harassing, stalking or threatening an intimate partner or child of such person, or from engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; or (9) a person who has been convicted of a misdemeanor of a crime of domestic violence. States are not prohibited from creating their own limitations. Generally, instantaneous background checks apply to purchases.
What I believe the law should be: Persons determined by a state-certified physician to possess a significant likelihood of causing physical harm or death to any person, mentally institutionalized persons, persons under investigation with respect to terrorist activities (with judge approval for prohibition), illegal aliens and persons convicted of a federal or state law felony in which deadly force was possessed should not be permitted to access guns. Every other adult should have access. (Instantaneous background checks should apply to purchases.)
State and local judges should be permitted to decide if gun rights should be temporarily suspended due to a domestic violence situation. No other federal or state law limitations should exist. States should decide where guns are prohibited. Property owners should be able to decide if guns are permissible on their property. To be lawful (in my opinion), the Second Amendment would need to be amended to so provide. If elected, I would support and sponsor an amendment to the Constitution that so provides. I think the states can (and should) enact criminal laws that induce people to prevent others (including the children of parents) from gaining access to their guns. For example, a state law could cause a parent to be liable for acts done by their child with their gun.