It just bizarre to me....that gun ownership is a fundamental right. What makes that so? I mean, other than being written on a 200yr old legal document, what metaphysically makes it a right?
That's what makes it fundamental, for better or worse. The Framers decided that this was one of our core, controlling principles.
They got so much right: habeas corpus; freedoms of speech, assembly, religion and the press; no unreasonable search and seizure; due process; and many, many more.
Regarding the Second Amendment, they couldn't look 240 years into the future and see things like mass shootings, street gangs, the fetishization of guns, etc. I suspect they wanted people to be able to defend their homes, to hunt, and to have access to militias.
Just like they couldn't look 240 years into the future, neither can we. Sometimes a piece of wisdom is conditionally specific, and sometimes a lack of understanding of a piece of wisdom is also conditionally specific.
It certainly could be, it's hard for me to see in today's day and age that the benefits of fairly unrestricted gun access outweighs the negatives. The Supreme Court is very likely to allow open carry nationwide. Localities are slowly losing their ability to put reasonable restrictions on gun possession.
I suppose that such restrictions could restrict our ability to engage in guerrila warfare against enemies, foreign or domestic. But, in day to day activities, I'm not sure what practical right we lose if we're not allowed to walk about with our rifle strapped on our back in a crowd of people, or if we're restricted to a magazine size of ten bullets instead of 30.
- Mandatory background checks and reasonable waiting periods
- Mandatory safety classes before purchase
- Background checks that include mental health background checks such that certain diagnosis' can't buy guns
- No gun possession by ex-felons
- No open carry
- Magazine size limitations
- Ammunition purchase limits per month
- New gun purchases must have fingerprint usage technology
- -All gun owners must have a certified safe to store weapons
- Long barrell weapons/rifles are for hunting purposes only with mandatory sentencing for use in non-hunting situations
- Liability/mandatory sentencing to the owner if they allow someone else to use their gun
- Permit necessary to carry guns over state lines
- Confiscation of guns from people found guilty of certain crimes rather than giving them to relatives or friends
- Elimination of stand your ground laws
- A national gun registry
- Complete elimination of gun sales at gun shows
I agree with most of these.
In terms of stand your ground, it depends on how broadly we're defining that term. For instance, within one's own home ("castle doctrine"), I don't think there should be a duty to retreat. In most other instances, though, I think there should be, so long as that duty is construed reasonably. There are situations where you realistically can't retreat, and the law should reflect that.
In terms of gun shows, I don't have a problem with them so long as they're treated exactly like gun shops.
Regarding mental health checks, I think the ACLU and other disability advocates would fight on that. But on its face, I agree with you. Schizophrenics, for instance, simply shouldn't own firearms.
I think this is the only one I might outright disagree with you on:
Long barrell weapons/rifles are for hunting purposes only with mandatory sentencing for use in non-hunting situations
I think they apply to home defense, as well.
In addition, I'd add my own even more restrictive regulations:
1. No possession of guns in public. The only exceptions are for those who must use firearms for their employment, and there would be extensive licensing requirements. For guns in private, you may only possess them in your own home, or on the land of others with written or "posted" permission for hunting purposes only. (Maybe give an exception for shooting ranges and gun safety programs. Make transporting a gun subject to very specific requirements, such as the gun and ammunition being stored separately, the gun having to be disassembled, etc.)
2. Anybody who has a federal or local conviction for any felony or violent crime goes on to a registry, much like sex offenders. These people are barred from owning firearms for a period of 10 (or more) years, and are subject to random search and testing at any time while in public.
3. Any person wearing gang-associated clothing, with gang-associated tattoos, or that is otherwise shown to be a member of a gang is subject to random search and testing. This applies not only to street gangs, but known violent and racist organizations. In other words, sorry KKK members: if you're wearing a hood in public, expect your homes and computers to be searched.
The mantra is always that it's not guns or gun owners who are the problems, but rather criminals. So, let's take the guns away from the criminals, and put reasonable restrictions on the rest of society. If you're somebody who feels like you're infringed because you can't have a stockpile of 50,000 rounds of ammunition and an AR-15 with a 100 round drum and a modified fully automatic trigger that you display at protests so that you can "own the libs", then you might be a "gun nut".