panthermark wrote:How do you proposes to "take away" firearms, especially from the law abiding? You are proposing exactly what I talked about earlier. "Panthermark, even though you have done nothing wrong and have followed all laws, we are going to "take away" your legally owned and Constitutionally protected weapon". That is the sort of government overreach that led to the crafting of the 2nd Amendment in the first place. How do you "take away" guns from those that have them illegally? Why don't we just do that right now? Plus, disarming populations is a touchy subject.
You are conflating a few problems:
1: Should we do this philosophically (if there were no obstacles)
2: Could we do this politically
3: Can we implement this practically if we do so politically
My answers would probably be:
1: Yes
2: Probably not (at least not right now) and certainly not in one step
3: Yes, but likely at an extreme high cost that I personally wouldn't be willing to pay
Second, nuclear weapons are an odd comparison. Bombs and explosives are already not covered under the 2nd due to their indiscriminate nature. A gun does not kill millions in a flash, and makes land uninhabitable for decades, if not centuries.
What about the 2nd amendment distinguishes these things? It doesn't distinguish at all, so either you know there are implicit practical limitations on the 2nd amendment and we know that there has to be some regulation around weapons in which case, those are up for debate and fully on the table with no clear line in the constitution given or all weapons are protected by the constitution in which case personal nuclear bombs should be a thing.
It's a completely illogical take to say say semi-automatic weapons are protected by the constitution but fully automatic ones aren't or draw any other line you want to around weapons that didn't exist when it was written with no meaningful reference. The phrase "well regulated militia" implies that regulations around the 2nd amendment should exist, and to imply they have to be set between fully automatic weapons and semi-automatic weapons is nonsense. In fact, if you agree that there has to be some regulation, it doesn't even explicitly protect guns. Arms could mean it doesn't outlaw knives or well regulated could mean any number of things.
Of course this is just a logical interpretation and not what our courts would do. Our courts will vote on party lines, because that's how our political system rolls.
But to circle back, I don't think you have really thought through the "take away" plan. I'm curios to hear how such a plan would be implemented and who would carry it out.
If you wanted to take away, you would probably start with an escalating program: X years of buy back program, X years of fine + seizure, X years of misdemeanor (X hours of community service) + fine + seizure, then felony + seizure implemented over 10+ years.