The Gun New Deal

The Gun Rights Act of 2020

SUMMARY

A new constitutional amendment to clarify the role of weapons in the hands of American citizens and establish uniform regulations across all 50 states, the District and any other place considered “American soil,” including territories, colonies, etc. This amendment seeks to encourage citizens to be armed, while restricting access to those who have proven they cannot be trusted by our society. This amendment creates a federal licensing regime based upon the Texas LTC system, which includes fingerprinting and passport photos, with a one-day crash course on laws and attitudes. Class includes a live fire assessment and costs $50.

All schools (public and private) shall include weapons and gun safety in their curriculum, specifically teaching students how to shoot airguns and bows safely.

High school shall include a mandatory firearms safety, legal and general knowledge course.

High school shall offer practical firearms, airguns and bow electives.

PURPOSE

This amendment affirms the natural right of all humans to own and carry weapons for …

1. defense against all forms of tyranny (crime, domestic and foreign enemies, etc)
2. martial arts, target and sport shooting
3. hunting, according to regulations established by each state or other subdivision
4. just because weapons are awesome

The primary purpose of firearms in our society is to contribute to the common defense by being carried in public. To that end, LTCs shall carry unmolested anywhere they have a right to be, including government buildings and airplanes. Planes have oxygen masks in case there’s a need for bullets. The government works for us, so they can tolerate us being strapped. Also they should be strapped too – duhhh.

DEFINITIONS

A weapon is any handheld implement or projectile device (gun, airgun, bow, slingshot). A melee weapon is anything one hits another with in order to hurt them (knife, club, hammer, knuckles, screwdriver, tomahawk, baseball bat). Anything that uses a flammable propellant to launch a projectile is a firearm. Anything that uses compressed air to launch a projectile is an airgun. Anything that uses the tension of a band or string to launch a projectile is a bow (slingshots are bows). This amendment makes legal any action and any size or type of weapon, including full auto, up to 50 bmg. Suppressors are treated as accessories, like scopes and flashlights. Suppressors are considered “safety equipment” because their primary purpose is to reduce harmful noise of gunshots.

CARRY

There are three kinds of carry: Concealed, Discrete and Open.

Concealed carry is permitted with a license ANYWHERE. No exceptions. None.

Open carry may be restricted by business owners via a 30.07 sign according to govt regs.

Discrete carry may be asked to leave if detected within a 30.07 zone.

SAFE STORAGE

America’s private arsenals must be secured from abusers.

Firearms and airguns must be secured from unauthorized users and prohibited persons. They must be stored in a locked container or on one’s person. Personal bags holding guns must be kept on the person or within arm’s reach. A locked house or car is considered a locked container as long as the firearms are not in plain view through a window, and as long as there are no unauthorized users within that locked container. Gun owners are responsible for crimes committed with their firearms if those firearms were left unsecured where an unauthorized person could be reasonably expected to be.

Example: kid uses dad’s gun to murder. Dad and kid go to jail (if nobody shoots the kid in his face).

Example: underage guest wanders into master bedroom where there is a shotgun. Guest shoots self by accident or on purpose. Owner goes to jail.

Consequences – liability for unsecured firearm abuse.

Encouragement – safes and security systems are tax exempt and 50% of the cost of these can be recovered through income tax credit.

no sales tax may be collected on the sales or manufacture of appropriate safes

Income tax credit for half the value of the item

Vouchers for low-income folks to purchase gun safes in the $1000 range

BACKGROUND CHECKS – modified NICS

A list of prohibited persons shall be maintained in order to conduct background checks. All jurisdictions are required to report all qualifying convictions within 24 hours. Failure to do so is considered a crime of violence. There is a transparent appeals process for being prohibited by mistake.

1. Instant background checks are FREE BY LAW.
2. Any sale from a licensed dealer or at a gun show, or online, must be transferred through a licensed dealer, who runs the instant background check against a list of prohibited people.
3. Selling a gun through any website (gunbroker) or other means of communication does not count as a “private sale” and requires the buyer to be checked against the list of prohibited people via a licensed dealer.
4. Sales from one person to another (“private sales”), where the parties are at least acquaintances, shall not require a background check if the buyer holds an LTC. If the private buyer does not hold an LTC, an instant check must be conducted by a licensed dealer unless the parties are immediately related.
5. Presenting a License to Carry counts as a background check, including “private” sales.

PROHIBITED PERSONS (the blacklist)

Prohibited persons are those who have disregarded the rights or safety of others and now pose an obvious danger were they to have access to killing tools. This is assuming such people aren’t incarcerated for life.

Lifetime: Anyone who has committed rape, murder, kidnapping or assault with an implement (cars, knives, guns).

10 years to life: terroristic threats, domestic abuse or domestic animal abuse.

1 year after release from incarceration for any other crime.

Lifetime: anyone with a lifelong psychological disorder which creates substantial difficulty distinguishing reality or morals (schizophrenia, for example).

All forms of depression and anxiety do NOT disqualify. 

Anyone who fails to do their due diligence in reporting prohibited persons to the list goes to prison.

Example: the USAF folks who didn’t report the Sutherland Springs shooter to NICS after they discharged him with dishonor for caving in his stepson’s head. The discharged man should have been barred for life from owning all projectile weapons for domestic abuse, of which he was convicted in court martial. Dishonorable discharge or hospitalization on their own should not prohibit for life.

PROHIBITED ITEMS

A destructive device is any item intended to cause indiscriminate, or unpredictable, harm to people or property. These include

1. live grenades, dynamite and other high explosives
   1. an exception is made for binary targets
2. flamethrowers
3. ammunition designed to act as a destructive device
   1. an exception is made for incendiary, armor-piercing and “explosive” bullets 50bmg or less.
4. firebombs, such as “Molotov cocktails”

While we’re at it, let’s …

1. reconfigure the war on drugs via a 28^th amendment

Constitutional amendment for recreational cannabis at 21. Psychedelics and other things under Dr supervision.

Suppliers of tobacco, coke, crack, meth, heroin and opiates go to jail. Buyers and possessors get free help.

2. Eliminate traffic tickets and other fines. All police should be retasked to solving crimes which have victims.
3. Consolidate all branches of the military into the Navy, and rename it “the Anchor.” I bet this would cut spending by a third simply by eliminating redundancy and intermediary roles (ex: USAF tactical air controller working with an army squad to call in navy jets is silly!).
4. Consolidate all federal law enforcement and intel agencies (FBI, NSA, CIA, US Marshalls, etc) into a single federal LE monolith.
5. Consolidate all local and state law enforcement agencies into monolithic statewide agencies.
6. Prison reform: prison is for violent criminals and thieves, and is intended to rehabilitate them. Also to identify those beyond hope and keep them behind bars until a cure for their evil is found, or they die.