Because the Second Amendment is an incomprehensible mess, because too many lobbyists have argued that it is an absolute protection of actions and items never considered at the time of our nation’s founding, and because there is a clear state interest in protecting the lives of its citizens, the words must be removed from the Constitution.
But, and this is the important part, the right to bear arms must be preserved.
This is not a contradiction.
Once the Second Amendment is gone, a new amendment, one that takes account of the realities of modern times, should replace it. I think such an amendment should read something like this:
The people retain the right to keep and bear arms, subject to reasonable restrictions deemed necessary by the Congress and the President to secure the lives and well being of others…
But here’s the restriction I really want to impose: force all gun owners to purchase liability insurance. That’s required for owning a car, despite the fact that such a rule could be deemed by the unreasonable as being an impediment to constitutional protections of interstate commerce. And, unlike government, the one thing insurance companies know how to do is assess risk.
You want a semi-automatic assault rifle? O.K., says the insurer. Where are you going to store it? Who else will have access to it? Your insurance won’t apply if someone else is firing it. Have you been trained? Do you have a license? You want another one—well, your rates just went up. And by the way—you have to notify us if you have been deemed to have any psychiatric problems, because we might cancel your policy. Then, just like with a car, people who want to carry around their gun have to have their insurance card on them at all times. And folks who have a gun without insurance? Well, that’s when the government steps in and deems it a felony.