View Single Post
Old 05-10-2005, 08:09 PM   #8 (permalink)
MSD
The sky calls to us ...
 
MSD's Avatar
 
Super Moderator
Location: CT
This is to replace everyday gun laws. The NFA regulations for purhcases of Class III firearms will remain in effect, but all firearms that had previously been entirely banned may be imported, manufactured, and sold legally.

Section I: Ownership and posession

1: No person shall be denied the right to purchase and own a firearm, and to have it in his or her posession in any public place unless otherwise prohibited from owning firearms under subsection 2 of this law. Individuals may purchase handguns only with proof that they have satisfactorily completed a NRA-approved firearm safety test for handgun owners. No person under the age of 18 may posess a handgun unlesss in the presence of a person who is legally permitted to own this handgun, and may not carry a handgun on his or her person outside of property on which he or she legally resides.

2: The right of any person who legally resides in the United States to own a firearm may only be revoked by due process of law and in the following situations:

a: The person has been indicted or convicted for a misdemeanor or felonious violent crime and in the following circumstances:

i: The judge or grand jury presiding over a case has reason to believe that a suspect who has posted bail is highly likely to use his or her firearm in a criminal manner before the conclusion of the trial.
ii: A court rules that a person is not mentally capable of legally and safely owning and operating a firearm.
iii: A judge or jury believes that a person's posession of a firearm poses a clear and present danger to other persons and that this danger cannot be removed except by the revocation of the individual's right to own firearms.
iv: A convicted criminal is prohibited from legally owning firearms under any section of this law

Section II: Crimes committed with firearms

1: Misdemeanors and Felonies committed with firearms

a: Any person who is convicted of a violent or coercive misdemeanor while in posession of a firearm, regardless of whether the firearm was used in the comission of the crime, will recieve an additional sentence of 7 (seven) years in addition to any other sentences related to this crime. This additional sentence may not in any circumstance be suspended or reduced, and during the first 7 (seven) years of imprisonment the criminal may not be released or paroled.

i: Upon release, the person who was convicted under Section II:1:a of this legislation may not legally posess any firearm for an additional 5 (five) years.

b: Any person who is convicted of a violent or coercive felony while in posession of a firearm, regardless of whether the firearm was used in the comission of the crime, will recieve an additional sentence of 14 (fourteen) years in addition to any other sentences related to this crime. This additional sentence may not in any circumstance be suspended or reduced, and during the first 14 (fourteen) years of imprisonment the criminal may not be released or paroled.

i: Upon release, the person who was convicted under Section II:1:b of this legislation may not legally posess any firearm for an additional 10 (ten) years.

c: No sentence may be extended beyond normal sentencing guidelenes because of the convict's posession of a firearm unless otherwise specified in this law.

2: Other crimes committed with firearms

a: Any person who is found to be storing or carrying a firearm in a way that presents a clear and present danger to the well-being of others may be issued a fine, not to exceed $1000 for the first offense, and be subject to no more than one inspection by law enforcement personnel at a mutually convenient time to ensure that the person corrects the unsafe situation.

b: Any person who, through gross negligence or malicious intent provides a firearm to a person who may not legally posess it, and the firearm is safely recovered, may be fined not more than $1000 for the first offense.

i: Any person who commits a second offense as defined under Section II:2:a-b may be subject to revocation of the right to own firearms for no more than 30 (thirty) days. During this time, the person's firearms and ammunition may be transferred to an appropriate temporary holder, or in the absence of a temporary holder, stored at the nearest police station for a reasonalbe storage fee.

c: Any private owner or dealer who, through gross negligence or malicious intent provides a firearm to a person who subsequently uses that firearm in the comission of a violent or coercive crime may be tried and sentenced as if he or she had committed that crime. No person who has taken reasonable precaution to prevent criminal use of his or her firearms, nor any person who would have no reasonable cause to expect the illegal use of his or her firearm, may be prosecuted for any crime committed with that firearm. No sentence issued under this section may exceed life imprisonment without possibility of parole.




I'm half asleep. I hope my attempts at lawyer-speak are coherent and comprehensible.
MSD is offline  
 

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360