There’s an interesting overlap between DOMA, the 2nd Amendment, and Charles Schumer’s Senate bill that’s trying to ban private firearm transfers. This is a study in unintended consequences.
“In S.374, certain language would treat the absence of a gun-owning gay or lesbian person’s partner for a period greater than seven days as a transfer of firearms left behind in the home. As this “transfer” is not done by a Federal Firearms Licensee with a proper background check, it would be considered to be an unlawful transfer, converting the law-abiding gay persons into instant felons. Spouses, however, are exempt from this automatic felony, since one spouse can lend or give a firearm to another without a background check. But under DOMA, the Federal government does not recognize GLBT persons legally married under State laws as spouses, therefore would still be considered illegal transferees under S.374.”