Pass a Real 2nd Amendment Restoration Act
This petition had 15 supporters
Proposed ~ A Bill:
IN RECOGNITION OF THE IMPORTANCE OF THE 2nd AMENDMENT, AND IN UTILIZING THE SUPREMACY CLAUSE AND RECOGNIZING THAT CERTAIN LAWS ARE AN OBSTACLE TO THE ACCOMPLISHMENT AND EXECUTION OF THE FULL PURPOSES AND OBJECTIVES OF CONGRESS,
(1) All federal, state, regional, and local laws which in any way infringe upon the right to keep and bear arms, including, but not limited to, any laws which would require any (individually or in combination) marking, recordkeeping, serialization or registration of firearms or ammunition, are hereby deemed null and void by Congress, as they are an obstacle to the people's ability to exercise the 2nd Amendment right, and are an obstacle to the full purposes and objectives of Congress.
(2) Any federal, state, regional, and local laws which would require any (individually or in combination) marking, recordkeeping, serialization or registration of any firearm parts, or of any objects which would later be made part of a firearm (whether or not the object would ultimately become a regulated part of a firearm), are also deemed to be null and void, as they are an obstacle to the people's ability to exercise the 2nd Amendment right, and are an obstacle to the full purposes and objectives of Congress.
No further laws of the type in (1) and (2) shall be able to have any effect.
a) UNITED STATES MUNITIONS LIST (USML): Federal government may control by permit, and limit the use of, USML CATEGORY II, IV, V, VI, VIII, XIV, XV, and XVI items that are weapons, except for technical data or weapons and items routinely or commonly available in the civilian market.
b) PROHIBITED PERSONS: It is unlawful for the following categories of persons to ship, transport, receive, or possess firearms or ammunition, to include any person:
- convicted in any court of a crime punishable by imprisonment for a term exceeding one year, unless that crime was due to enforcement of a gun law of a State or a political subdivision of a state;
- who is a fugitive from justice;
- who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802);
- who has been adjudicated as a mental defective, due to the decision of a court, or has been committed to any mental institution, and due to the decision of a court, has been deemed unable to ship, transport, receive, or possess firearms or ammunition;
- who is an illegal alien;
- who has been discharged from the Armed Forces under dishonorable conditions, except that all such persons must have be given the right of appeal in a district court to address the issue of firearms and ammunition possession and use;
- who has renounced his or her United States citizenship;
- who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner
Laws of a State or laws of a political subdivisions of a state that establish or attempt to expand upon these prohibited persons categories, shall have no force or effect.
c) CAVEAT REGARDING EVIDENTIARY NEEDS OF POLICE, CUSTODY, AND IMPRISONMENT:
Any persons who are taken into custody or who are about to be incarcerated can be relieved of arms by police, provided however that the affected individuals may petition the courts for relief and restoration of rights. This is not intended to limit the rights of persons bearing arms, concealed or otherwise, in circumstances where involvement in an incident would require that a person involved in a self-defense scenario (who had, following the incident, retreated to a safe location and notified a lawyer) notify police of the circumstances of what had transpired, but it would allow the police to request temporary custody of a weapon that was used in such an incident for evidence and documentation.
Notwithstanding the preceding, any laws of a State or laws of political subdivisions of a State that impose a tax on conduct or possession of firearms or ammunition shall have no force or effect. Consistent with Article I, Section 10, Clause 2 of the U.S. Constitution, no state shall "without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing its inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress."
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