I highly recommend the thread Conza linked up there ^^. It’s a very intelligent discussion, and I think it has made up my mind, though there are a lot of good points on both sides.
The way I see it now (and sorry Conza, but your link convinced me of the opposite of your position):
A gun is legal. Pointing it at a random person is illegal. Why? Pointing it is a threat. What constitutes a threat? A reasonable realistic 3D scenario which endangers others.
Thus, pointing a gun at the sky and shooting is generally not a threat. Hence, the use of a gun is inherently not illegitimate.
Now consider nuclear weapons. What is a reasonable realistic 3D scenario which would constitute a threat? Anything. There is no “pointing” of nuclear weapons.
If you are in the middle of a mall with a gun and you want to threaten others you can 1) whip it out and point it 2) Yell “I will kill you all”
We all know scenario 2 is illegal anyway.
Scenario 1: How would this apply with nuclear weapons? It can’t. There is no whipping out of a nuclear weapon. Because with guns, to create a threat you aim. With nuclear weapons, there is no aiming.
The reasonable 3D idea of a threat flies out of the window with nuclear weapons, because their existence is a threat due to their nature of not being able to be contained. It’s like carrying a gun sphere, where there is a gun pointing out at every direction. By carrying it around in public, you are inherently aiming at everyone you walk by.
Thus, the existence of a nuclear weapon such that people involuntarily live within its blast radius is illegal. This means that you can own nuclear weapons on Mars if you’d like, or on the Moon, or in Australia if you own all of it. Yet as soon as you bring it within blast radius of people, it becomes a threat and is illegal.
The problem is that I am still unsure about how to handle the fallout part of the story.