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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