There are plenty of smart, well-reasoned people here.
Because of that I want to throw this out there:
Is there any reason that we cannot have a more formal militia, that includes all persons 18 and above (male and female), and you are inherently included in the militia unless something excludes you from it.
Examples of reasons for exclusions from the "listed militia":
1. Felony conviction for violent crimes (no expiration)
2. Felony conviction for non-violent crimes, 20-year expiration (or whatever arbitrary expiry date)
3. Mental health instability with the right to immediate appeal (once "convicted" expires 10 years after licensed professional gives the OK on the original "charge")
4. Domestic violence accusation with immediate right to appeal (10 year expiration)
5. Restraining order (possibly no expiration)
Blah, blah blah...
Then it is just a matter of checking to see if TexasRunner with TxDL Number 12345678 and social security XXX-XX-1234 is on the list. Not on the list, no sale.
Maintaining the list would also allow for a nationwide database of guns and legal owners (which I'm OK with as we have the 2nd amendment and several states have their own constitutions preventing a Aussie style confiscation), ability to track who steals guns and when, easily identify straw purchases, possibly a list of License-To-Carry holders and plenty of reason for other nations to not want to even think about invading the US of A.
It would maintain the "don't F with us, federal government" attitude that was originally placed in the 2nd amendment, and actually make it stronger.
I would also be open to having 'tiers' within the militia, class A (heavily investigated) can have any weapons, class B can have "assualt weapons", class C can have handguns and small caliper rifles, class D can have small caliper rifles only...
Spitballing here. but honestly if this were combined with nation-wide License-To-Carry, and another amendment that "codified" the militia, I could actually see something like this OK'd by gun owners (and the NRA).
Thoughts?