Wednesday, February 21, 2018

How To Fix Gun Laws In America

This is how we fix the gun laws in America:

First, we wipe out every gun law on the books in every town, city, county, state and territory in the United States. This will make the rest of the plan uniform, and without confusion. It will eliminate the need for reciprocity laws, permits for different states, worry over mistakenly carrying legally in one place then illegally in another, etc. It will also make a uniform interpretation of the Second Amendment of the Constitution of the United States of America.

Second. Anyone who wants to carry a gun in public, assembled, will be required to pass a one-time knowledge and safety course along with a simple background check. To pass the course you must show basic knowledge of firearms, gun safety, and the safe storage of firearms. To pass the background check, you will have to show that you have not been convicted of a violent felony, and that you are not permanently mentally disabled. That's it. Non-violent felons should be able to own a gun once their time is served, and someone simply under mental health treatment is not automatically disqualified. This basic permit should be entered into an electronic database that is regularly updated, and can be flagged by law enforcement or a court, any time someone is convicted of a violent felony, or declared permanently mentally handicapped by a doctor. Let's call this basic permit a "Red Card" just to give it a name.

Third. Use your Red Card to purchase any man-portable firearm you like. A professional gun dealer will be able to run your Red Card as fast as swiping a credit card. No need for more waiting periods or background checks once you have your Red Card.

Fourth. Implement an "endorsement" system for the Red Card, based on weapon type and your displayed proficiency. Sort of like a hazmat or tanker endorsement on a commercial driver license. If you want to carry a shotgun around, fine, pass a brief proficiency exam with a licensed instructor/range/club/agency, demonstrating that you know how to safely and competently operate a shotgun. Pistol? Same thing. Rifle? Same. Belt-fed heavy machine gun? Great. Show that you know how to use it. Once you have that endorsement, it is good for all weapons of that class. You will not be required to register every weapon, unless you choose to, perhaps for insurance purposes for example. There should also be endorsements for open carry and concealed carry.

Fifth. Implement legislation that allows law-enforcement to verify your legal carrying of a firearm. A Red Card shall be presented on demand of any sworn law-enforcement officer in the course of any investigation that meets the standard of probable cause, if you are found to be in possession of a firearm. Once you have your Red Card, you may carry any firearm unloaded and partially disassembled/inoperable for purposes of transport only. This will allow you to take your weapon from home to a shooting range to practice for your proficiency endorsement, if you choose to. Once you have your endorsement, you may carry any weapon in that class loaded and operable in public. The "on-demand Red Card" will also close the loop for private sales. A private seller will not be required to verify your Red Card status, but it will be your own responsibility to be compliant.

Sixth. Implement strict and harsh penalties for violations of the Red Card licensing. No issued Red Card or endorsement may ever be revoked however, except in instances where you would no longer qualify upon application. Such as a conviction for a violent felony. Carrying loaded and assembled out of class outside of your own residence or property, can and should result in the permanent barring of endorsement for the class of weapon being carried in violation, with a heavy fine and possible incarceration.

There are a few other little details that popped in and out as I was writing this, like what to do about minors, but that is the meat of my idea of what proper, modern, Constitutional gun laws should look like. Thanks for having a read. And as always, feel free to comment below. -JMV