From the Radio Free Michigan archives ftp://141.209.3.26/pub/patriot If you have any other files you'd like to contribute, e-mail them to bj496@Cleveland.Freenet.Edu. ------------------------------------------------ The National Self-Defense and Second Amendment Restoration Act 1994 PROPOSAL: by the People of the United States to their Lawfully Appointed Servants in the Legislative House of their Government. We, The People of the United States, in order to more perfectly protect our Constitution and our Civil Rights, to restrain tyrrany against these by our President, our Congress, our States, and our Judiciaries, and to more fully enable ourselves to live in the hope of peace in our own land, do call upon the Congress of the United States to enact the Following: --------------------------------- SECTION 1: SHORT TITLE This Act may be cited as: "The National Self-Defense and Second Amendment Restoration Act of 1994". Whereas the clear intention in the Minds of the Authors of the Constitution, especially in the Second and Ninth Amendments thereof, was that the People, individually and collectivly, be able to defend themselves, their families, their communities, their State, and their Nation, from invasion, predation, or tyrrany, whether such threat be organized or ad hoc, and to effectuate this defense both through the Organs of the various levels of their Government, and where direct appeal to the same was not reasonably available, by themselves through force of arms directly; and Whereas the Right to Keep and Bear Arms is one inherent to all Free Peoples, not arising from the form of Government nor the Articles defining said Government, but arising from the People themselves; and, Whereas no just Government shall ever render the Freedom of it's People vulnerable to predation, and the history of the nations of this world have no account of a people who were substantially disarmed and also remained a substantially free people, but fell prisoner to an armed agressor or were defended by an armed people; and, Whereas the objective of ensuring the ability of the People to feel safe and secure in their homes and lives, in private and in public, is the most fundamental reason justifying the existance of Governments; and, Whereas it has been found, in many studies both recent and antiquitous, as well as being the First Conclusion of Common Sense, that a well-armed people are more capable of securing their defense than an unarmed people; and, Whereas the level of threat directed against individuals, families, and communities to which no conceivable Government body could reasonably be expected to deliver immediate relief is both alarming and rising; and, Whereas the threat levelled against the security of the individual, the home, and the family is increasingly well-armed and increasingly pityless to the human and economic costs of their predation; and, Whereas several acts of Federal and State legislation blatantly violate the clear and simple principles and language of the Fourteenth Amendment, in that they place unequal burdens pertaining to owning or carrying firearms or components thereof, by empowering current and former employees of some departments of the various levels of Government and disenfranchising other, equally upright Citizens; and, Whereas several acts of legislation in many of the States and Territories blatantly violate the clear and simple principles and language of the Second Amendment by placing onerous or insurmountable obstacles in the path of those common Citizens who would desire to be able to accomplish their defense in the gravest extreme by carrying firearms upon their persons in public, or even by owning such firearms as would enable them to defend their Lives, their Liberty, or their Sacred Honor; and, Whereas Federal and State Statutory acts which impliment cosmetic limitations, such as caliber restrictions, stock/grip configuration penalties, recoil suppressor prohibitions, etc more heavily penalizes the elderly, women, and lightly-built people, than the perpetrators of violence in our Land; and, Whereas increasing gang violence puts upon the Law-abiding Citizen a real need to be able to resist and defend against gang attacks, rendering statutory limitations to firearms configurations such as upon magazine size an endangerment to the good Citizens of this Land; and, Whereas the regulations of the officers of the Executive Branch layed upon those whose, in free and legal commerce, buy, sell, or transfer firearms has a sharply chilling effect upon the rights of the people pertaining to the buying, selling, or transfering of firearms; and, Whereas the entire body of legislation limiting the free commerce, enjoyment of ownership and responsible use of firearms, by prohibition or taxation, impacts the Rights of the People to effect their self-defense without making a parallel impact upon the capabilities of the Criminal Elements of our society to commit their predations, they being of a nature and disposition to ignore such prohibitions as are placed upon them and to evade paying taxes where due, which in totality renders the Citizens of this Republic more vulnerable, rather than more secure, (This space available for vituperations, excoriations, recriminations, & complaints against the Executives, Legislatures, and Judiciaries of the USA on any topic closely related to the Keeping and Bearing of Arms by the People of the United States. Don't be afraid of hurting their feelings, give both barrels together. They know their unfaithfulness, but figure they can get away with it. Prove to them that they are wrong. My /var/spool/mail file is a symlink pointing to a new 1GB disk. The line is ready. Open fire.) ------------------------------ Date: Thu, 17 Nov 94 14:26:04 PST From: brunner%cutter@icarus.ssd.loral.com (Brian T. Brunner) To: fap@world.std.com, roc@xmission.com, constparty@tomahawk.welch.jhu.edu Subject: CCW.act.1 Message-Id: <9411172226.AA20230@cutter.ssd.loral.com> (Part 2 of three. Part one is the "Whereas" stuff) (Anything parenthetic or aligned with the left side is commentary/question/solicitation-for-input) IT IS THEREFORE ENACTED IN CONGRESS: as the Citizens' Self Defense and Second Amendment Restoration Act of 1995 STATEMENT OF CONGRESSIONAL INTENT: Congress intends herein to exhume the Second Amendment to the United States Constitution from the Death of a Thousand Cuts to which it has been subjected by Legislators, Executives, and Judicial bodies thruout this land. The terms within that great law are clarified with the intention of preventing any further such infringement of the Right that is uninfringeable: The Right of the People to Keep and Bear Arms. It further is our intention to establish a level of training and competence consistant with the term "Well-Regulated" as intended and used by the Authors of the Second Amendment for the purpose of fulfilling the Duty and Power of Congress to train the Militia. Table of Contents: Section 1: Establishment, Publication, and Administration of a Small Firearms Training and Competency Standard. Section 1.1: Definition of a "Small Firearm". Section 1.2: Definition of the term "Citizen" in this Act. Section 1.3: Assignment of Responsibility for Establishment of the Section 1.3.1: Nomenclature of Firearms Section 1.3.2: Safety off the range. Section 1.3.3: Safety on the range Section 1.3.4: Definition of Competency Section 1.3.5: Requirements for qualification as a Small Firearms Competency and Training Trainer. Section 1.3.6: Explicit limits on modifying the training. Section 1.4: Assignment of Responsibility for Oversight of the Qualification of Instructors. Section 1.4.1: The power of the Federal Director of Civilian Marksmanship relative to this Act. Invitation to the States to designate a State Director of Civilian Marksmanship. Section 1.4.2 Failure to Perform by the Federal Director of Civilian Marksmanship. Failure to perform by the State Directors of Civilian Marksmanship. Section 1.5: Publication of the Standard. Section 1.6: Non-Pre-emtion of State Standards of Training. Conflicting Standards. Section 1.6.1: States Rights to Establish Standards. Section 1.6.2: States Rights to Issue Certificates Section 1.6.3: Full Faith and Credit. Section 1.7: Value and Efficacy of the Certificate of Competion of the Standard of Small Firearms Training and Competency. Section 2: Definition of the Unorganized Militia. Scope of Duty. Section 3: Restatement of the Second Amendment. Nullification of State and Federal laws and ordinances thruout the United States of America which are in obvious conflict therewith. Section 3.1: The Congress of the United States Understands and Re-Iterates the Second Amendment as follows: Section 1: Establishment, Publication, and Administration of a Small Firearms Training and Competency Standard. Section 1.1: Definition of a "Small Firearm". (a) The term "Small Arm", which generally denotes a small firearm, is not suitable here, as it also properly refers to a multitude of non-gunpowder weapons not treated. (1) Manual and Mechanical Weapons: Bladed weapons, single- or jointed-stick weapons, bows, arrows, slings, brass-knuckles, etc are not treated herein. (2) Hand- and Self-Propelled Ordinance: Rocks or other inert or frangible objects, Grenades, Rockets (where 80% or more of propelling combustion occurs in the projectile) etc. are not treated herein. (b) A "Small Firearm" (as compared to Heavy Weapons and Artillery or other "Large Firearms") is any slug-throwing tube where the slug is expelled by burning or exploding gunpowder, (smokeless or black), or equivalent propulsion, not including compressed bottled inert gasses, that meets all of the folowing: (1) Overall Length, including all attachments, less than 2 meters (78.59 inches). (2) Total weight, including 24 normal rounds of ammunition for this weapon, less than 30 Kilograms (66.13 Lbs). (3) Maximum muzzel land-to-land diameter, 25.45mm. (100 caliber). (4) Not principally tracked, wheeled, self-propelled, or trailer-mounted. (5) Normally carryable and operable (load, aim, and fire) while hand-held or shoulder-mounted, by one trained infantry trooper. (6) The weapon is not normally destroyed in the process of a single operation. (c) "Small Firearms" are a subset of the "Arms" which are explicitly reserved to the People to Keep and Bear as they will. This is broad enough to cover blackpowder muzzel-loaders of any era, the (new rage) .50BMG, and the (soon-to-be new rage) 20mm 2mile Ultra Long Range Competition Shooting pieces. It excludes mortars & other light artillery. It excludes generally-bipod-mounted critters like M2 .50BMG, but allowing M60 and an M60-like monster in .50BMG. It excludes pellet/CO2 weapons (maybe it should include them, since this is a protection list.) It excludes bombs and rockets of every type. It excludes most cannons. This definition is not here to educate us, it is here to define a part of 'what are "Arms" in the Second Amendment', as a LARGE group of items that are hereby protected from Executive, Legislative or Judicial predation. Section 1.2: Definition of the term "Citizen" in this Act. (a) For the purposes of this Act, "Citizen" shall mean a free adult not guilty of a Felony nor adjudicated mentally incompetent nor adjudicated emotionally unstable to a degree that the expectation that this person would behave responsibly while in long-term unsupervised posession of a Small Firearm is unreasonable. (b) This use of Citizen is not to be contrued as granting Citizenship in the United States or in any State, nor to encumber Citizenship in any other State or Nation. Rather, it designates who is entitled to carry Small Firearms while in the United States as a means of effecting personal self defense via the use of lethal force. This is here to define "People" in the Second Amendment. Section 1.3: Assignment of Responsibility for Establishment of the Training Standard. The Federal Director of Civilian Marksmanship shall establish a Standard for Small Firearms Training and Competency. The content of Standard shall not be torturous. It shall cover the following topics: Section 1.3.1: Nomenclature of Firearms (This section left open/unformatted for input from those who are Firearms Competency Trainers) Name the larger parts of a "generic" muzzel-loader, revolver and autoloader handguns, and a "generic" muzzel-loader, bolt-action, pump, lever, and autoloader rifles. Give simple descriptions of the above Small Firearms types in sufficient detail to alert the reader the differences in function between them. Identify appropriate ammo (.357 accepts .38spl, but not vice-versa; 9mm is a close but bad fit. Read the stamp on the case.) NOT a P.C. discourse on whether hollowpoints are OK. These parts mean you can go to a gun shop and get a tune-up for your piece without necessarily being vulnerable to a rip-off. It is comparable to knowing a coil from a distributor, a tire from a wheel, but not a racing cam or high-compression pistons from standard-duty. Section 1.3.2: Safety off the range. Demonstrate loaded/unloaded check. Demonstrate safe draw/holster. Demonstrate safe clean/disassemble/store. Demonstrate safe hand-over. These parts get the gun-ignorant over the main fear hurdles. Section 1.3.3: Safety on the range Firing range safety rules, the authority of the R.O. Firing range safety equipment. Firing grip, stance & posture. This is to reduce the "Gun Range Horror Stories" that the Media will love to harp upon as proff that this is all a Bad Idea. Section 1.3.4: Definition of Competency Definition of the Target. Method of scoring a target. Minimum score for Qualification Certification: Number of Shots at distances and minimum Scores for: Handgun Competency Rifle Competency Shotgun Competency Muzzel-loader Competency Test re-take This is here primarily to obstruct States, or the Fed, from saying O.K. to our faces and then imposing qualification criteria so stringent only the IPSC geeks would have a chance of success. Section 1.3.5: Requirements for qualification as a Small Firearms Competency and Training Trainer. (ok, any suggestions?) Section 1.3.6: Explicit limits on modifying the training (a) The training requirements may not be modified more often than once every three years. (b) The training requirements may not be made more stringent that required of Federal law enforcement agents, of any department that requires carrying of firearms in the execution of duty. (c) The training requirements may not embrace subjects not directly pertinant to Training and Competency in the handling and use of firearms. Specifically, they shall not include a study of case law or legislation pertaining to the use of lethal force in self-defense. Such requirements would create a resonable impression that this training qualifies the applicant for Law Enforcement duties. The sole objective of the training required herein is to enable the Citizen to defend themselves, their family, & etc. (d) Congress shall have power, by two-thirds majority vote, to change particulars to the training requirements. This stringent limitation is deemed consistant with recognizing that the Right to Keep and Bear Arms, being explicit in the Bill of Rights, shall never suffer more Governmental controls or limitations than what regulation is absolutely necessary. (This is a little obvious, no?) The worst thing is disinformation and newbie ignorance. Train to these things and you are likely to CONVERT the (currently) un-involved and un-decided (the Anti-Gun will, for the most part, not attempt to qualify themselves to do something against their inclunations) to the "guns are OK, HCI et. al. are bolognamongers" camp. THEREIN lies permanent victory. Think upon "Those Irresponsible Weirdos with their flying machines/horseless carriages". We have a mental revolution to perform. Section 1.4: Assignment of Responsibility for Oversight of the Qualification of Instructors. Section 1.4.1: The power of the Federal Director of Civilian Marksmanship relative to this Act. Invitation to the States to designate a State Director of Civilian Marksmanship. (a) Upon submission of proof of successful completion of the Standard of Small Firearms Training and Competency to the Federal Director of Civilian Marksmanship within thirty (30) days of completion of the Course of Training, a Certificate attesting same shall be issued by the Director of Civilian Marksmanship to the Citizen within sixty (60) days. (b) This Certificate shall be valid for 3 years from the date of issuance. (c) The director of Civilian Marksmanship shall have power to issue Certificates of Qualification to train Citizens as described in this Act. (d) Such Certifications of Qualified to Instruct shall be valid for three years from issuance. (e) The Director shall also have authority to delegate this power to whom is deemed fit to do so by the Director. (f) Such Certifications of Qualified to Issue Certificates of Qualified to Instruct shall be valid for three years from date of issuance. (g) The States are all invited to designate a Director of Civilian Marksmanship for Citizens within their State, and to empower these directors with the same powers granted to the Federal Director of Civilian Marksmanship by the Federal Government. Section 1.4.2 Failure to Perform by the Federal Director of Civilian Marksmanship. Failure to perform by the State Directors of Civilian Marksmanship. (a) In the event that the Federal Director of Civilian Marksmanship fails discharge the duties described in this act in a timely and fair fashion, these duties and powers shall be inherited by the State Directors of Civilian Marksmanship. (b) In such case as described in (a) above, and in the event that there is no State Director of Civilian Marksmanship, or if the State Director fails to discharge the duties described herein in a fair and timely fashon, the authority to qualify Citizens and to issue valid Certificates of Qualification to Citizens shall be assumed by the Citizens themselves, directly. This is in keeping with the fact that the right to Keep and Bear Arms arises from the People, not from the Federal or State Governments, and that the Federal and State governments have no power beyond regulating the Training of the Citizens with an eye towards keeping the Unorgainzed Militia "Well-Regulated". (It would be a shame for all this to go through and then die by the killing of the DCM, NO?) Section 1.5: Publication of the Standard. The Director of Civilian Marksmanship shall publish the Standard. **Physical and Electronic, ASCII and HTTP, FTP accessible. Section 1.6: Non-Pre-emtion of State Standards of Training. Conflicting Standards. Section 1.6.1: States Rights to Establish Standards. Individual States may establish their own standard of Training and Competency, which may not be more strict than the Federal one. In such case the Citizens of that State shall enjoy the option of qualifying under the Standard of their State, or under the Federal Standard. Section 1.6.2: States Rights to Issue Certificates The Authority of the Federal DCM to issue Certificates described in this Act shall not be construed as denying the State a right to issue such a Certificate to its' Citizens upon their completing of that States qualifications. Section 1.6.3: Full Faith and Credit. Every State shall honor the Certificate as described in Section 1.6.2 of this Act which is issued in other States, providing the Standards of Training of the issuing state are as stringent as the Standard of the honoring State. Since no State may establish a standard more stringent than the Federal one published by the DCM, all States shall honor Certificates issued by the DCM. States may elect to honor the Certificates issued in other States upon standards less strict than their own. (Constitutional Q: Has Congress the power to train the Militia? That is what this whole sheebang rests upon.) Section 1.7: Value and Efficacy of the Certificate of Competion of the Standard of Small Firearms Training and Competency. (a) Upon presenting the Certificate defined in this Act by the Qualified Citizen, to the Governor of their State, by filing a faithful copy thereof with the Registrar of Voters of that State, such individuals shall be considered legally entitled to thereafter Keep and Bear Arms upon their person in all their doings and in all their goings about, on their private property, on private property where they and their arms are welcome, and in all areas generally open to the general public, without regard to the size, concealedness, concealability, state of loadedness and readyness for immediate use, or position upon or near their person, of their lawfully owned Small Firearms. (b) This Certificate and the attendant Entitlement shall be valid thruout the United States, including any and all States, Territories and Posessions. (c) No person, regardless of their official current or past employment, who cannot meet the Competency and Training Standard, shall have a right to keep and bear firearms upon their person in public. (d) The merit and justification of this section is in answer to the language of the Second Amendment, "Well-Regulated" which, in the language of the Author, means well-equipped, and well-trained. (e) This Certificate is in no wise transferrable. Each person wishing to enjoy the value thereof must qualify for themselves personally. (f) In the event that the Registrar of Voters refuses to take notice of the Certificate, the Right to Carry enjoyed upon completion of the Training shall still be in full force. This whole section is here to define "RKBA" and "Well-Regulated" as seen in the Second Amendment. There is a 10th Amendment Q here: Requiring the Registrar of Voters (State Critter) to pay attention to this (Federal) thing... Another Q: If the "Shots at Range and Scores" is differentiated for handgun vs rifle vs shotgun vs blackpowder, does the Cert show what you have qualified in? This would act to encourage people to qualify with all 4 types, increasing the groundbase of satisfied users. Another Q: Some people get real itchy about guns in Hospitals, Court Houses, Schools, Stores-that-do-not-welcome-them, etc. How to resolve? (NOTE WELL that the comments on the mailing list here that a law requiring the States to honor one-anothers' CCWs are somewhat convincing (to me). If this National CCW concept cannot be made "bullet proof", mayhaps the alternate route shoudl be taken: Applying Article IV Section 1 to CCWs issued by the various States, requiring California, my home State, to recognize Nevada-issued CCWs. This merits exploration. It would doubtless be less text!) ------------------------------------------------ (This file was found elsewhere on the Internet and uploaded to the Radio Free Michigan archives by the archive maintainer. All files are ZIP archives for fast download. E-mail bj496@Cleveland.Freenet.Edu)