Prohibition of pre-criminal activity always makes things worse in America. We should require that bullets be registered along with guns, that all registered guns have a ballistics profile associated with the registered owner. Also, unless the owner has reported the loss or theft of their weapon or ammunitions within thirty days of the incident, any crime committed with that weapon or ammo may be charged as an accomplice to the crime - whether they were materially involved or aware of the crime or not.
I would add that, the second amendment should be amended to include specific definitions for what constitutes 'arms' and 'a well-regulated militia.' From my reading, it is currently not clear as to why I cannot have a nuclear weapon.
Howard, in Article 1 sec 8 "Powers of Congress" it states "the Congress shall have the power to provide for organizing, arming and disciplining the Militia..." I would assume that Congress can dictate what arms are used.
"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."
If the amendment has to be taken within the context of Article 1 section 8 - then the NRA should be entirely out of luck with their initiatives.
If not, however, eerily, the McVey interpretation of 'militia' (notice the lowercase 'm') is nearly correct - moderated only by the terms 'well regulated' and 'free State.' If you simply ignore the fairly clear implication of those two terms - then the current Supreme Court is doing a great job!
The definition of 'arms' is unclear in this case, however. For instance, many nuclear weapons treaties we have signed refer to them as 'nuclear arms'. This allows for an argument to be made that, while the treaties themselves probably prohibit me from having a loaded silo in my backyard - the 2nd amendment might insure I do have that right - as long as I comply with the pesky 'well regulated' aspect and only use them to maintain a 'free State.'
The real difference is between inalienable rights and conditional rights. Although the Constitution does not grant rights per se, but rather, enumerates the areas in which the government will not write restrictive laws.
Of all the amendments the 2nd is the only that is conditional and justified. For instance the 1st doesn't say "In order to maintain a democratic society the right to free speech shall not be infringed". Its is stated without condition or justification -"Congress shall make no law ... abridging the freedom of speech" - so it's an inalienable right.