Effective Gun Laws Eliminating Unauthorized Access To Firearms: Proposal To U.S. Congres
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School shootings are almost becoming a new accepted state of affairs in our country because no effective laws are in place or being proposed to stop it.
Below is a proposal that should be put into a bill by our U.S. House of Representatives and submitted for a vote, further below which is the rationale and policy-reasoning behind these proposals:
1) Mandatory psychological testing (in addition to criminal background checks)
- for all persons applying for anything more than a single barrel pump shotgun that loads up to 4 shells.
- Your testing result determines the type of gun(s), if any, you could have access to. Passing the criminal background check and this psychological testing can grant access to the standard array of non-mass-casualty-causing rifles and handguns. Passing a higher psychological test result or more stringent test would be required for semi-automatic weapons. An even more stringent FBI-regulated test and background check would be required for anything full-auto.
- Standard psychological test results expire every 5 to 10 years, requiring re-testing.
2) Mandatory life in prison for any gun broker who knowingly facilitates a gun sale without ensuring that an up-to-date psych and criminal check has been done on a potential buyer.
3) Mandatory registration with local law enforcement of any private gun sale, mainly to enable law enforcement to ensure that an up-to-date psych and criminal check has been done on a potential buyer.
4) Reckless homicide charge against any person who privately sells a gun to another person without complying with mandatory registration of that sale with local law enforcement, where that gun has been used to unlawfully kill another person, carrying a minimum sentence of 10 years (max of 25 years) per each person killed.
5) Reckless endangerment charge against any person who privately sells a gun to another person without complying with mandatory registration of that sale with local law enforcement, even where that gun has not been used in a crime, carrying a minimum sentence of 4 years (max of 25 years - a lot of discretion depending on the circumstances) per each gun sold.
6) Mandatory gun storage laws
- guns must be kept locked within an ATF-approved gun storage unit to which the gun owner has sole access, except when such gun is removed by the owner and kept within the owner's reach and control at all times
7) Reckless homicide charge against any person who does not comply with the mandatory gun storage laws, where that owner's gun has been used to unlawfully kill another person as a result, carrying a minimum sentence of 7 years (max of 20 years) per each person killed.
8) Reckless endangerment charge against any person who does not comply with the mandatory gun storage laws, even where no gun from that owner has been used in a crime, carrying a minimum sentence of 6 months (max of 20 years) per each gun not properly secured.
The two-fold problem of mass shootings stems from people with mental health issues obtaining firearms. The above proposals can completely eliminate school shootings by vetting who has access to certain weapons and eliminating the possibility of unauthorized access.
Any bill passed into law by Congress is subject to being challenged on constitutional grounds, and if challenged, runs the risk of being struck down. This proposal will not be defeated such a challenge, as it can not rationally be argued to infringe or restrict any constitutional rights. Both Second Amendment rights and the right to life, liberty, and the pursuit of happiness stated in our Declaration of Independence need to be reconciled and balanced evenly, because the Second Amendment currently is outweighing our children's right to life and their pursuit of happiness. The above solution would effectively satisfy both rights.
Mass shooters are not following the laws because mentally disturbed individuals committed to using guns for crimes are not going to be deterred by laws, especially if they are on a suicide mission like a mass shooting. Laws that create a system that prevents the mentally ill or unauthorized individuals from obtaining and using firearms could likely eliminate mass shootings as it would put a complete stop on those people from getting their hands on guns in the first place. Such requirements are even less restrictive than those imposed on our nation's military, who defend this nation, as their weapons are kept in an armory similar to a bank vault to which they do not have personal access.
Reverse engineer the problem. You have psychologically challenged people getting their hands on guns. How? Two main sources are private sales, and having access to them from someone else in their household. Another source is that they can just go out and buy them from a gun store. A mentally ill individual should not have access to this type of weapon, as our right to life, liberty and the pursuit of happiness is entirely compromised and at risk by them doing so.
Statistically (as we see more frequently in the news), when guns are allowed to be kept unsecured in a household, eventually somebody with a mental disorder in some household somewhere is going to get their hands on it. We read after the fact how their family never knew or suspected that the shooter had a mental disorder. Mental health diagnoses should be left to professional testing, not our loved ones' gut feelings. And because of the bias that a loved one has for their family member and the refusal to acknowledge a mental health issue in hopes that it doesn't really exist, unless laws are in place requiring safe storage, guns will continue to be accessible to potentially dangerous individuals.
We need to eliminate the risk of mass shootings at its roots, before the shooting happens.
Please sign and share this petition so that we can submit it to our legislature in hopes for some real common sense and effective gun laws to finally take effect.
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