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In a fast moving world, sweeping up sanity, an anchor for you and some sanity for navigation

 A modest proposal for the prevention of mass shootings, protection and expansion of responsible gun owner rights, strengthening local civil defense, and fostering good citizenship.

How can we do all of these things at once?

1)      A simple licensing scheme, similar to that system used for fishing or hunting licenses, arguably also constitutionally protected rightful activities (fishing & hunting in the pursuit of life).

2)      Establishment of an all-volunteer militia at the community/county or other small municipal entity level. Membership is required to obtain a license to keep arms.

3)      Simple requirements to ensure those purchasing & keeping guns are responsible, safe, and proficient in their arms, with the ability to (verifiably) keep their weapons secure.

The license would have a training period beginning at 18 years of age (though informal training can start earlier). The program will require academic training and testing covering safety topics, liability, and responsibilities. Performance-based proficiency exams for each category or small arm a license may be endorsed for. This testing will not be considered complete until the applicant has passed each series of tests (with increasing difficulty) over a three-year period, ensuring no one under 21 would own or carry a weapon without a licensed supervisor (doing so would be a class A felony). This will prevent most school shootings typically carried out by minors or persons under 21 years of age.

Exceptions to this would be only for certain law enforcement officers (LEOs) and military personnel with combat arms roles (not cooks, mechanics, or clerks). These exemptions would be to allow LEOs operating in the field regularly under arms to carry and keep their own arms at home so long as they are in good standing with their departments. Military personnel would be able to keep sidearms they are proficient with (as defined by their departments) in their homes or carry them after they complete their basic and technical school for their MOS/AFSC/NEC and a six-month period that demonstrates good conduct and reliability, with an endorsement by their command (senior command NCO E-7/8/9).

Veterans with 4 years of service (of any skill code) with an honorable discharge would be exempt from any licensing requirements primarily designed for civilians and sportsmen with respect to weapon categories they have demonstrated proficiency in. Categories of small arms will be as follows:

              MANUFACTURERS would be responsible for ensuring that all arms are properly categorized and clearly indicated in documents inspectable by prospective buyers. They would also be required to have the government (fed) approve the category assignment for new or experimental arms.

Long guns, single shot per trigger pull. This includes lever action, bolt action and some semiautomatic rifles, carbines and similar arms.

              Shotguns, all types except automatic.

Sidearms; this would be broken down into semi-automatic subcategory and revolver subcategories, each with their own testing requirements.

Automatic weapons (M249 SAW, MPK5 or similar weapons that fire continuously when trigger is held down) would be only licensed to personnel that have extensive experience with a specific model and at the discretion of their local militia, agree to store them at a central armory. Note this is an expansion of gun rights, as some states do currently license machine guns, the requirements are stringent. This expansion, as it is now, would be at the discretion of the state of the licensee’s primary residence.

Specialty weapons would each be their own category. For example, black powder arms are separate from certain other muzzle loading arms. In states without a capable trainer to proctor testing in these arms, there would be no licensing in these categories. It’s incumbent on the militias to provide training, sending prospective proctors out of state at their own expense, as necessary.

The militia will be well (minimally) regulated by highly experienced LEOs (retired typically) or veterans with extensive weapons skills and experience. Membership should be free, but these militias may conduct fundraising as a 501 (3) (c) or require dues to use their facilities. The militias may but are not required to maintain their own training grounds, armory storage facilities and at the discretion of the state, administer the licensing regimen.

The militia would be responsible for alerting law enforcement of any licensed member having a change in status that would require them to surrender their license and arms. There will be an appeals process and due process will be protected. The militia or state will conduct testing of license volunteers regularly (bi-annually).

Failure to pass a test will result in a requirement for a second attempt within the next 45 days. A second failure requires a suspension (no new purchases or carrying) but they may retain their arms while they pursue an appeal. States will determine this process with the militia’s assistance.

Failure to attend an annual muster during an established two-week period will result in a suspension of license pending investigation by the militia officers. Militia officers will be elected or appointed by the county/city/state at the state’s discretion.

National Guardsmen serving actively with their state may also be exempted from licensing rules, at the discretion of their states. The National Guard may conduct training, so long as the militias can reimburse the government for cost of the training. No government resources would be expended on militias, though it may loan arms and equipment to qualified militia members at the state’s discretion in a defense emergency (think Red Dawn or a tsunami area security efforts).

Militia members have NO AUTHORITY except over their own members according to their own bi-laws. They are not police but may bolster National Guard ranks at request of the governor. They only administer aspects of the program the state authorizes.

States will have the burden of proof to demonstrate how or why a license applicant or licensee is not qualified to keep and bear arms. In all cases where an applicant passes the tests, background checks (to include interviews with at least three people that know him/her) and provides receipts for suitable storage equipment (or otherwise proves that they have proper secure storage) the state will issue a license, except in cases where some exceptional reason can be shown to deny the license or revoke it.

With respect to the license, the states may impose any fee necessary to cover costs of administering the safety and licensing program. These cannot be excessive, it should not be more than $500 initially, and no more than $100 annually.

Licensees will also enjoy federally protected freedoms to keep, carry (bear) arms in any manner they are accustomed to, they know to be safe, and as is suitable to the situation or activities involved. Some call this ‘constitutional carry’ and it is appropriate for a trained professional which most licensees will be.

Licensees will also be required to carry insurance. There must be adequate accidental death indemnity insurance carried as prescribed by each state. If insurance lapses, licenses are suspended, after 1 year of suspension they are revoked, and the arms must be surrendered. Carrying without insurance would be a class b felony.

Licensees who lose a weapon or report one stolen will have their license suspended until cleared of any wrongdoing by the militia or law enforcement. A three strikes rule would apply here, 3 strikes in either case will result in a revocation of license and surrender of weapons, permanently. This will end straw purchasing schemes. Failure to report a theft or loss of weapon within 72 hours would be an instant revocation and a class b felony.

Licensees must agree to weapons inspections to ensure no illegal modifications have been made, all serial numbers are intact, upon a 45-day notice by the militia. This is just to keep licensees honest (trust but verify) no databases of the weapons will be created or maintained ever. This is a simple inspection for safety by a fellow militia member (an elected officer, endorsed by the state/county). Refusing inspection would be a class b felony.

Rules like this would keep children like Kyle R of Wisconsin from obtaining arms and being lose on the street with them. It will prevent most if not all future school shootings and prevent those citizens who are not suitable for militia service, not trained to safely handle arms, or responsible and disciplined enough to go through the process, from having easy access to arms.

This is a no/low-cost solution to our mass murder epidemic. No one is grand fathered, all civilians in possession of arms now, that are not exempted by LEO or military service will have to complete training and testing within 3 years or surrender their arms.

Parents with minors in the home will further have to undergo additional safety training and children in homes with guns, 12 and older will have to undergo a one time 4 hour safety training course as well (at parents expense).

Arms surrendered under any provision here will be maintained by the sheriff, police or militia officers for no less than 4 years in the event they may have to be returned or given to next of kin as part of an estate inheritance.

 

 

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