Seems it is only the anti-civil rights crowd that writes the gun laws, so I figured I’d throw out some ideas and see if the pro-civil rights crowd would be okay with the compromises laid forth.
This is a voluntary Federal program. I know those of you in Free States will grown a lot here, but you can “opt out” of this program, and nothing will change than is now. You’ll be subject to the state and local rules already in place, and as they change. (For example, you are CCW in NJ without a non-res, you are going to prison if caught. Or, a state could completely outlaw firearms, and you would be forced to enter the program in order to have access to those weapons.)
All suitability cases will have the onus on the GOVERNMENT to prove a citizen is disallowed to have access to firearms, and bear the costs of such a petition upto and including the initial trail. All subsequent appeals or legal battles, the state will only be responsible for their legal fees, not the citizen’s. So, if you get a Federal License, and your local LEO thinks its a bad idea, he can send a letter to the Feds to reconsider. If the feds agree, you can disagree, and the Feds will then be required to prove you unsuitable. During this determination period your initial Federal License will be VALID, and weapons purchased during the determination period will be grandfathered if your license is revoked. Purchases will be limited to one per month during the determination period.
Suitability will determined by previous behavior, criminal record, or daily, observable, detrimental behavior provable in court. Jumping on Facebook and posting “fuck the police, I hate liberals/conservatives” or personal grudges/opinions LEO has will NOT qualify as a suitability issues. Jumping on Facebook and posting “we need to kill insert politician, Jews and insert racial slur” on a regular basis CAN qualify as a suitability issue.
Gun owners should be and will be held to a higher standard of civility and responsibility. And they should be proud to be a “cut above” in terms of being decent people who benefit society.
Class Fv - This is the only license a person convicted of a felony involving a firearm can ever qualify for, for life. This is a MAY issue license (Prior conviction overturned on appeal is NOT applicable.) (An applicant can petition the DOJ to waive the restriction resultant of the previous conviction upon pardon, or if they feel appropriate time has passed since the end of their prison term has ended. The DOJ is justified to use extreme prudence in waiving the Fv restriction. Any Fv restrictions waived for political, kickback, or otherwise corrupt reason will constitute treason and the DOJ official signing the waiver and AGOTUS will be held responsible, with no statute of limitations.)
Class Fv is limited to pump action shotguns strictly for use in the residence of the individual, and limited to two shotguns in the house at one time. The shotgun is not to have a detached ammunition feeding device, nor an attached feeding device that has a capacity of more than 5 shells, and shell holder attachments to the outside of the device are prohibited. All transportation of firearms (purchase, smithing, selling, etc) MUST be done by a local LEO.
See Class Fo for education, training & inspection requirements.
Class Fo - This is for people with a felony conviction NOT involving firearms. Same rules apply, accept the education, training & inspection requirements are lesser.
To receive any Class F license the applicant must pass an 8 hour training course lead by a Federally licensed instructor. The course must consist of 4 hours of classroom study and 4 hours of actual usage of the firearm. The applicant must demonstrate ability to safely handle the firearm and clear understanding of safety rules and federal regulations in order to “pass” the class. Any instructor passing an unqualified applicant will face 5 years in prison and it will be considered a Felony involving a firearm. (Being a novice or new to firearms is NOT grounds to fail an applicant except in the case of a Fv applicant, where greater denial leeway is appropriate, or if the applicant is completely and demonstrably not serious or not able to handle the weapon. An additional 4 hours of class can be requested by the applicant, or any private instruction.)
To maintain a Class Fv, the applicant must pass the 8 hour class yearly, perform 52 hours of community service a year, and allow inspection of his/her home no more than twice a year, but no less than once every two years, at local LEO’s discretion, with no less than 48 hours notice of intent to inspect or no more than 72 hours notice. (Class Fo is not subject to inspection.)
If the applicant’s residence (including each and every time they move) is rented, the landlord must be informed of the license and CAN discriminate based on it. If the applicant owns their home, all neighbors within 100 yards of their home will be notified, and in that case, fines & penalties for firearm offenses will be tripled.
Felon’s can defend their home, but should have to jump through a lot of hoops to do so, and be subject to high levels of scrutiny. Outside of outlines above a felon caught with possession of a firearm will similar punishments as they have now. Practice with their firearms outside of yearly classes must be one-on-one with agreeable LEO at 100% the cost of the Felon, including paying the LEO wage to instruct & observe.
A class 1 covers pump action shotguns, bolt action (or otherwise non-semiautomatic) rifles, and any .22 caliber rifle(non-automatic). Applicant must be at least 16 years of age (issuance and purchase of firearms need parent or guardian approval) and is Shall Issue to a non-felon if over 18 years of age. Class 1 Holders under 18 cannot carry or transport a rifle except: when hunting, sportsman’s events and practice on legal areas including appropriate personal residents, it is clearly unloaded and locked. (Padlocks through the chamber render a gun “locked” however in a locked case is preferred.) This law DOES NOT prevent a child (even under 16) from enjoying the listed activities with a parent or guardian, or person’s approved by the parent or guardian. The Class 1 for those 16-18 just allows them to go to league practice or hunting with their troop without a “permission slip” from their parents, and allows them to handle the firearm while doing the activities listed about in a capacity other then shoot and hand back to instructor/parent.
Class 1 requires an 8 hour instruction course described above to apply, and upon renewal. License needs to be renewed every 5 years. Signed letters of recommendation from local LEO will be accepted in place of re-taking classes for each renewal.
Class 2L covers all activities and firearms covered in lower Classes and semi-automatic rifles (less certain attachments/modification covered later). A 2L is a shall issue to non felons. A 2L limits magazines based on caliber. Mag limits will be no less than 10 and no more than 18. Smaller the caliber the more the Mag can carry. Same Class and renewal requirements as Class 1. Can be petitioned to upgrade to Class 2UL every 366th day.
Class 2UL covers all activities and firearms covered previous, with no magazine limits. This is a May Issue, with onus of suitability on the Government to prove, clearly, why applicant should have magazine limits. (low scores or recommendation of class instructor being the primary driver of issuance of 2L licenses.
Class 3LS covers all activities and firearms covered previous, but also includes semi-automatic pistols and revolvers. Must be 18. Mag limits apply (same petition rules as 2L) no conceal carry. CAN open carry on property where it is allowed. (Sportsman ranges, hunting (local law applies), etc). Shall issue to any non felon and non-violent misdemeanors. Violent misdemeanors makes the license a MAY issue, time & behavior since conviction the determination of suitability, with government having to prove unsuitable as before. Same class requirements and renewals as before.
Class 3UL covers previous, must be 21 (unless active LEO or military with commander’s recommendation.), allows concealed carry. (Note: businesses can request a person known to be carrying to leave the premises.) Shall issue for those over 25 (LEO and military exemptions apply) non-felons and no misdemeanors. May issue, government’s responsibility to prove unsuitable, for those 18-25, or over 25 with any misdemeanors, prior convictions of crimes are valid unsuitability proof.
This license requires a 3 year renewal period, and must have 16 hours of professional instruction (tactical classes!) every second renewal (so every 6 years). This license will cost 150% of the previous licenses, which will start at $50.
Class 4 cover all previous, must be 25 (LEO & Military exceptions apply), and addresses small arms and weapon’s firing non-explosive arms attachments. Namely like silencers,(non-pistol)barrels less than 16", pistol’s with magazine outside the grip, larger than factory standard mags (100 round drums), bayonets longer than 6", etc. (Stuff in the AWB is gone, totally. Adjustable stocks and commercial flash suppressors are all good if you can posses the rifle it goes on.) Shall issue with clean criminal history, costs 150%, same class & continuing ed as Class 3UL.
Class 5 cover all previous, must be 25 and address all small arms automatic weapons. Continuing ED increases to 32 hours per 6 years, and initial & renewal classes increase to 12 hours, 4 classroom, 8 handling weapons, no letter exemption, you need to complete the classes every 3 years, classes count towards 32 hours continuing ED for the 8 hours handling the weapons. Fees increase to 250%. This is a MAY issue without recommendations (3) from non-related local LEO. Recommendations need to be updated with every renewal.
Class 6 covers all previous, MAY issue, onus to prove suitability on APPLICANT and covers explosives, explosive projectile weapons and attachment, large arms, canons etc.
I get this is fairly restrictive to some, but what do you think? Is this a workable idea?
TL:DR - don’t be a lazy shit, whether pro or anti civil rights, read it and let me know if it is even a good starting point to make everyone happy.