What every NRA Member could support, but Democrats wont.
MOST comprehensive gun control laws Democrats propose grant more power to the STATE than to individuals; even though the overwhelming majority of gun-owners in this country own them legally and operate them safely.
Their assumption is, that if government can control something, it will work better for everyone. They offer up examples like Japan and Iceland, both countries being models of low gun violence as something the USA should strive for.
Japan and Iceland both have extremely low firearm related homicides per capita. Japan at 0.06 per 100,000 and Iceland at 0.07. While these stats are very similar, it is interesting to note that Japan has a population density of 340.8 persons per square kilometer, vs Iceland at 3 per square kilometer. So why such low gun crime? I contend it's a combination of strict gun regulation and specific gun crime deterrents. In Japan, gun ownership is restricted to the government, and some select citizens who go through rigorous vetting. If you commit a crime using a firearm, in Japan, the punishments are severe. For example, using a firearm to commit a murder means death by hanging. In Iceland, were most people in Iceland have firearms (1 in 3 households) the deterrent is that it is likely you would encounter an armed citizen. Making crimes with firearms less likely to produce a low-risk high reward scenario.
In the Iceland model, MOST comprehensive gun violence laws conservatives propose, remove power from the STATE to regulate the ownership and operation of firearms. Instead, conservatives point out the reality that guns are here to stay, and the cops can't be everywhere all the time; so, we protect ourselves by training, education and promoting a gun safety tradition.
In the Japanese model. Some of their gun-laws are geared towards controlling who gets to have them. However, if you let people have their own guns, then China would never launch a land war against your island, and since you kept the very strict gun laws pertaining to their miss-use, you retain the deterrent.
Remember, government decided to get out of the mental health business a long time ago; AND our society has no practical means of screening people for personality disorders, prior to allowing them to be in possession of a firearm. If you read the USA Today article written about the Highland Park Illinois shooter, it is openly noted that in spite of all of Illinios strict gun regulations, a 21 year mentally ill man was able to get his firearms permit and purchase the firearm he used in the shooting.
So, while we continue to perfect our various social controls, to lower the instances of violent people using guns to harm others; I have a proposal. It would be as easy as enacting a law. Let me explain:
PUNISHING VIOLENT CRIMINALS WHO USE GUNS
What do I mean by "PUNISHING" violent gun-toting criminals? I mean just what it says I mean. If you use or are in possession of a gun, while committing a crime, you fall into a special class of criminal who needs a special class of consequence. Discouraging reckless or criminal gun use by punishment (not reform), speaks the same language as the criminals who use firearms. If you harm someone with a firearm, then society wants to punish you severely enough where you never ever do that again.
The Uniform Federal Gun Crimes Act
100 - Definitions
101.a - Firearm. A mechanical device that can cause a projectile to accelerate along a predictable path, capable of penetrating human tissue more than 10cm, using a chemical or electromagnetic accelerant.
101.b - Possession. A person possesses a firearm if they have physical access to said device or physical control of that device, with the ability of using that device in a manner for which it was designed.
101.c - Discharge. A person discharges a firearm when that person causes the firearm to launch it's projectile beyond the physical confines of the firearm.
101.d - Firearms Trained. A person is considered trained in the use of a firearm if they've undergone instruction from a parent or legal guardian, a certified firearms instructor, or any certified self instruction course offered by a well respected gun safety learning management system.
In order to be considered "firearms trained" you must have a certificate of completion or a sworn statement of completion issued by your trainer. Offering a fraudulent completion certificate is the same as not having one and may subject a defendant to a perjury offense.
101.e - Prosecutorial Discretion.
101.e.1 - All crimes charged under this section SHALL be prosecuted.
101.e.2 - Plea deals are prohibited.
101.e.3 - IF a prosecutor is found to have not made a rigorous prosecution, that prosecutor can immediately be removed by a disciplinary board of the bar association or by the supervisory judge at the state level.
102 - Possession
A person is guilty of illegal possession of a firearm when having access to a firearm, any of the following conditions exist:
102.a - Persons barred from being in possession of a firearm:
102.a.1 - Convicted violent felon.
102.a.2 - Illegally in the United States.
102.a.3 - Under a lawful court order to not be in possession of a firearm.
102.a.4 - Convicted of violence against a police officer.
102.a.5 - Ever having fought against the armed forces of the United States, as an enemy combatant.
102.a.6 - Under the influence of any of the following:
102.a.6.1 - Schedule 5 narcotic
102.a.6.2 - .05 Blood alcohol content or greater
102.b - When committing any property crime.
102.c - When committing any crime against a person.
102.d - When committing any criminal trespass.
102.e - Illegal possession of a firearm is a Class D Felony
Punishable by no less than two years in prison and no less than a $100,000.00 fine, or both.
102.f - Defenses to illegal possession of a firearm
102.f.1 - Necessary harm. A person can be in possession of a firearm if it's use is needed to saving another person's life or preventing grievous bodily harm or rape.
102.f.2 - Subsistence. A person can be in possession of a firearm, while hunting for wild game animals essential to that person's survival.
102.f.3 - Farming. A person can be in possession of a firearm, while defending livestock or crops, on property currently being farmed by said person.
102.f.4 - Exclusions. A person is excluded from using any affirmative defenses to the charge of illegal possession for 102.b and 102.c of this statute.
103. Firearms trained
103.a - Persons who are NOT firearms trained, are barred from offering any affirmative defense to charges stemming from section 102, as their own expert witness.
200 - Illegal Discharge of a Firearm
A person is guilty of illegal discharge of a firearm when that person is in possession of a firearm and that firearm discharges under any of the following conditions:
201.a - Is illegally in possession of a firearm.
201.b - While deliberately pointing the firearm in a direction where a reasonable person would conclude that said firearm, if discharged, is highly likely to cause grievous bodily injury or death to an innocent person.
201.c - While failing to secure a firearm in such a way that if discharged for any unintended reason, a reasonable person would conclude that firearm would be likely to cause grievous bodily injury or death to an innocent person and said firearm is discharged.
201.d - While intentionally causing damage to property without the property-owner's expressed permission.
201 - Defenses
201.a - Mechanical Defect
201.b - Unavoidable mishap
202 - Firearms Trained
202.a - A person who is firearms trained may testify as an expert witness on their own behalf, to any affirmative defense.
202.b - A person who is NOT firearms trained, is barred from offering an affirmative defense as their own witness.
300 - Use of Firearms as an Aggravating Multiplier
An "aggravating multiplier" is where elements of a crime so perpetrated increase the likelihood of grievous injury or death with the use of a firearm.
301 - Illegal Possession during the Commission of a Crime
A person is guilty of an aggravating multiplier if they are in illegal possession of a firearm while committing another crime, as follows:
301.a - Any misdemeanor committed while in illegal possession of a firearm, whether or not the firearm is brandished, is immediately upgraded to a felony.
301.a.1 - Punishable by an additional mandatory minimum of five years in prison and/or a up to a $100,000.00 fine, but not more than 10 years in prison and not more than $200,000.00 fine.
301.b - Any felony committed while in illegal possession of a firearm, whether or not the firearm is brandished.
301.b.1 - Punishable by an additional mandatory minimum of 10 years in prison and or up to a $500,000.00 fine, but not more than 20 years in prison and fined not more than a $1,000,000.00 fine.
301.c - Discharging a Firearm in the Commission of a Crime: A person is guilty of the aggravating multiplier if they illegally discharge a firearm while committing a crime as follows:
301.c.1 - Any misdemeanor committed where a firearm is illegally discharged will be upgraded to a felony.
301.c.2 - Punishable by an additional mandatory minimum of five years in prison and/or a up to a $100,000.00 fine, but not more than 10 years in prison and not more than $200,000.00 fine.
301.d - Any felony committed during which they illegally discharge a firearm, is guilty of the aggravated illegal discharge multiplier.
301.d.1 - Punishable by an additional mandatory minimum of 10 years in prison and or up to a $500,000.00 fine, but not more than 20 years in prison and fined not more than a $1,000,000.00.
302 - Defenses to Illegal Possession in the Commission of a Crime
302.a - Necessary Harm
302.b - Entrapment
303 - Firearms Trained
303.a - Those persons who are firearms trained, may offer an affirmative defense to the charges in this section.
303.b - Those persons who are NOT firearms trained, are barred from offering an affirmative defense as an expert witness on their own behalf.
400 - Assault with a Deadly Weapon, Firearm Multiplier
401 - Discussion
401.a - This statute is being instituted to increase the certainty of the most severe punishment for anyone using a firearm to commit an assault with a deadly weapon.
401.b - A person is guilty of Aggravated assault with a Deadly Weapon, Firearm Multiplier when a person intentionally injures another person by discharging a firearm - where there is an assurance beyond a reasonable doubt that the projectile from said firearm discharge is the cause of said injury.
401.c - Punishment: A person found guilty of 401.a must serve a mandatory minimum of an additional 15 years in prison and or pay a minimum of a $1,000,000.00 fine, but not more than 25 years in prison and not more than a $2,000,000.00 fine.
401.c.1 - A person who is guilty of 401.b, where more than one person was so injured during a continuous act, must serve a mandatory life sentence, with the possibility of parole in 25 years or at age 90, which ever comes first.
401.c.1.1 - Civil remedy is a concurrent process to the criminal process.
401.c.1.2 - A person can also be found to be civilly liable for punitive damages if, during the course of the trial, it is determined that said 401.b commission was for hire, up to $25,000,000.00 in fines and penalties.
402 - Additional Aggravating Multipliers
402.a - A person can be punished by federal death penalty if found guilty of 401.c.1, where said commission is for hire.
402.b - If it is proven that the defendant found guilty of committing 401.b did so with the intention of causing the death of said injured person(s), the punishment must be life in prison with an eligibility of parole in 35 years.
402.c - If proven that the defendant found guilty of committing 401.b, did so while looting or while participating in a riot, the punishment is life in prison without the eligibility of parole.
403 - Victim Class Multipliers
403.a - Injuring a minor, with a firearm, while in commission of a crime, is punishable by life in prison and eligibility of parole in 25 years.
403.b - Injuring a Police Officer, Fireman, EMT or Medical Professional with a Firearm. (heretofore known as a first responder), while in the commission of a crime:
403.b.1 - Mandatory min of an additional 15 years in prison, whether on or off duty, regardless of the person's ignorance of that victim's official status.
403.c - Injuring of a Criminal Justice Official
(sic. Judge, Juror, Attorney, Court Officer, Clerk...)
403.c.1 - Injuring any criminal justice official with a firearm, during the commission of crime, is an additional man min of 15 years in prison. Knowledge of their official status is not a defense to the crime.
404 - Firearms Trained
404.a - Being firearms trained or not, all persons are barred from offering an affirmative defense to any charge in this section.
500. Assault with the Intent to Kill with a Firearm
501.a - A person is guilty of assault with the intent to kill with a firearm, when;
501.a.1 - Said person intends to assault another person with the intent to kill that person, and in the heat of passion brought about by sudden or unexpected combat or unexpected provocation.
501.a.2 - Said person uses a firearm to commit the assault.
502.a - Assaulting anyone with a firearm, causing permanent grievous bodily injury not resulting in death, man min is 25 years in prison.
600. Homicide with a Firearm,
601 - Criminally Negligent Homicide with a Firearm
601.a - Anyone who causes the death of another person, while using a firearm, is guilty of criminally negligent homicide with a firearm, under the any of the following conditions.
601.a.1 - Is in illegal possession of a firearm. Or...
601.a.2 - Is found to have illegally discharged the firearm. Or...
601.a.3 - Is in the commission of a crime and without intent, accidently shoots and kills another person.
601.b - Punishment: Mandatory minimum of 20 years in prison; up to life in prison. Eligibility of parole in 10 years.
601.d - Defenses:
601.d.1 - If the actions which caused the death are so unknowable and so obviously unintended, then an affirmative defense can be made.
601.d.1 - If there was a mechanical defect which caused the discharge and a person is charged with 601.a.1 or 601.a.2.
602 - Murder with a Firearm
602.a - Discussion: It is in the interest of society that since a firearm is such a convenient tool for the taking of another person's life, the punishment for using such a tool in the intentional illegal taking of another person's life should have a severity all it's own.
602.b - Murder is the the unlawful premeditated killing of one human being by another.
602.c - Murder with a firearm is the unlawful premeditated killing of one human being by another using a firearm.
602.d - A jury has the option of the following punishments for Murder with a firearm:
602.d.1 - Mandatory minimum of life in prison without the possibility of parole.
602.d.2 - Death by firing squad.
603. Multiple Murder with a Firearm
603.a - Discussion: It is in the interest of society that since a firearm is such an effective convenient tool for committing multiple murders, the punishment our society should inflict on such a heinous criminal, should carry a unique and grievous severity.
603.b - A person is guilty of multiple murders with a firearm when the following elements exist:
603.b.1 - A person is found to have intentionally illegally caused the deaths of more than one person. (Time has no bearing. It could be 1 minute or one decade.)
603.b.1 - Said deaths were caused by the use of a firearm.
603.c - Punishment:
603.c.1 - Federal mandatory sentence of death by firing squad.
604. Mass Murder with a Firearm
604.a - Discussion: It is in the interest of society that since a firearm is such an effective convenient tool for committing mass murder, the punishment our society should inflict on such a heinous criminal, should carry a unique and grievous severity.
604.b - A person is guilty of mass murder with a firearm when the following elements exist:
603.b.1 - A person is found to have intentionally illegally caused the deaths of more than three persons.
603.b.1 - Said deaths were caused by the use of a firearm.
603.b.1 - Said deaths were caused in a continuous action.
603.b.1 - Definition: A continuous action is where the events leading up to the deaths of each victim, are in furtherance of the intention to cause said deaths, over a period of time without stopping.
603.b.1 - Discussion: A continuous action means that the intent is to commit multiple murders, in succession to accomplish either an indeterminate opportunistic high death count, or to murder a specific group of four or more people over a set period of time.
605. Victim Multipliers
605.a - Discussion: It is in the interest of society that since a firearm is such an effective convenient tool for committing mass murder, certain victim pools make these crimes particularly heinous. Therefore, society has a obligation to deter such victim pools from becoming targets of mass murder with such a severity and certainty of punishment, that said acts are both extremely rare and highly unlikely.
605.b - Victims: If any of the following victims die as a result of said mass murder, the court must impose said punishments.
605.b.1 - A minor.
605.b.2 - A police officer.
605.b.3 - A court officer.
605.b.4 - An EMS worker in the performance of their duties.
605.b.5 - A body of elected officials in the performance of their duties.
605.b.6 - A defenseless infirmed person.
605.b.7 - A medical professional in the performance of their duties.
605.b.8 - A firefighter in the performance of their duties.
605.b.9 - An aircraft traffic controller in the performance of their duties.
605.b.10 - A train operator or truck driver hauling hazardous materials.
605.b.11 - Any person located in a school, hospital, or state run building.
605.b.12 - Any person on a ship at sea. (Ship is any water vessel carrying four or more passengers. At sea is any ship floating on open water. Inland or off shore.)
605.c - Punishments: If any of the following victims die as a result of said mass murder, the court must impose said punishments.
605.c.1 - Federal execution by hanging.
605.d - Procedure: If any of the following victims die as a result of said mass murder, the court must convene a special hearing to determine guilt of the accused and to evaluate all appeals.
605.d.1 - A person charged under this section, shall be legally tried with due process of law, within a "special tribunal" system.
605.d.2 - A judge must be appointed to oversee due process, exclusively. No other cases.
605.d.3 - A prosecution team must be appointed to represent the victims and the state, exclusively. No other cases.
605.d.4 - A defense team must be appointed to represent the accused, exclusively. No other cases.
605.d.5 - A law enforcement team must be appointed to investigate, exclusively. No other cases.
605.d.5.1 - A unique and highly managed chain of evidence must be established and supervised by a special magistrate with subpoena powers, exclusively.
605.d.6 - A victim advocacy team must be appointed to aid in communicating approved details of the case with the survivors, exclusively. No other cases.
605.d.6.1 - A survivor group must be established and a special team of representatives from the survivor group, shall aid in victim advocacy. A special authenticated bank account shall be set up by the advocacy group for donations to the survivors and supervised by these members of the survivor group. If no survivors are qualified or able to perform such duties, the victim advocacy group shall ensure the legal proper administration of said funds.
605.d.7 - A segregated evidence area must be established with the highest security available.
605.d.8 - A segregated working area for the prosecution and investigations team, must be established, with the highest security available.
605.d.9 - An appeals court judge must be assigned to the case to advise and oversee the presiding judge.
605.d.10 - Juries must be sequestered from the day of selection, until a verdict is reached.
605.d.11 - Once a verdict is reached, all appeals must be filed within 30 days of the verdict and approved by the assigned appeals judge. Failing any appeals, the assigned appeals judge must give the US Supreme Court a trail packet for their review and immediate consideration. The US Supreme Court must render a decision within 30 days of the appeals packet submission. If the US Supreme Court requires oral arguments, then they must hold such a hearing within 60 days of making such a decision.
605.d.12 - On either the US Supreme Court's failure, refusal to hear an appeal or an affirmation of the verdict, the government has 30 days to carry out the sentence. All survivors of the victims are entitled to witness the execution and it is up to the state, to facilitate said witnesses.
My point is, if you make a firearm the last thing a criminal wants to use to commit a crime, the good guys win. #law #police #firearms Genocide, terrorism, war are completely separate issues and deserve their own administration.