My proposal to help solve the problem of unintentional gun discharges, injuries in concealed carry classes, general gun fail screw ups and minors with guns and dead people where the killer says "gee, it was an accident" is:
The Responsible Firearm Owners Act.
It should really be called:
The Irresponsible Firearm Owners Act
but that would sound less marketable. We read the excellent GunFail article weekly here. Lets try this bill to see if it would help.
Here is my idea. The NRA is all about responsible gun owners and how they shouldn't be messed with. Well, let's only mess with irresponsible gun owners. Once a responsible gun owner shoots them self in the foot, or their kid takes mommy's pink Beretta and kills her playmate, or the concealed carry instructor puts a bullet through the wall while holstering the pistol, or Bubba breaks the neighbors fish tank by putting a bullet through the apartment wall because he thought taking the clip out of an semi-automatic meant the pistol was empty, or there was a Russian Roulette fail even if you didn't pull the trigger, or Mary thought the safety was on and she dropped her purse and the neighbors dog got it, or the shot at the gun range gets out and kills a child jumping on a trampoline, then they become irresponsible gun owners, and we take away their playthings, forever. How will the NRA try to defend irresponsible firearm owners? They are all over punishing the bad guys. Being irresponsible and a gun owner don't mix well.
Here is how it would work. Any non-felon adult can buy and own unlimited amounts of firearms and ammunition, no registration required. When one becomes an irresponsible gun owner and therefore stops being a responsible gun owner, one may never own, possess or use a firearm ever again.
Below the orange target.
I define irresponsible gun owners as those who: Allow their gun to be stolen out of their home, when none of the residents are at home, unless it was locked in a gun safe. If the crook can open or steal a locked safe. you are off the hook. If it is in a safe how can they defend themselves? If you are at home, strap up. If you are not at home, lock it up. If you are not present at your car and your guns get stolen from it, you fail. Don't leave your guns unattended in the car. If your lost or stolen firearm is used to cause injury or death, you fail. You can't give a gun away or sell it on the black market. If a bill of sale comes back to you, you are irresponsible. If you sell firearms, keep your bill of sales.
If a minor gains access to a firearm without permission and supervision; if a minor or child discharges the owners firearm, whether or not under supervision in a way that causes damage, injury or death. Use trigger locks. Don't keep your gun loaded and lock up your ammo. If you consider your house to be Precinct 13, keep your ammo handy, just lock up your kids. Also included would be: a discharge of a firearm inside a home or on property where the discharge of firearms is prohibited, unintentional discharge of a firearm anywhere, including gun ranges, safety classes, or during inspection, cleaning, handling or hunting where that discharge leads to damage to the property of others, injury or death of a person, or during concealed or open carry. If your wife takes the gun you own and shoots you with it for cheating on her, you lose your firearms. I a family member is certified as mentally ill, lock them up or get rid of them, the guns, that is, not the family member.
If a firearm is loaned to another adult person, that other person becomes the responsible party and is subject of fines, punishment, and confiscation their firearms. The owner shall not be responsible under this circumstance unless the owner loaned the firearm knowing there was intent by the recipient to commit a crime. Under this circumstance, the owner shall immediately receive a lifetime ban on ownership, possession and or use.
The fines and penalties of the RFOA should be: the first offense of an unintentional discharge, or intentional discharge resulting in only unintentional property damage of others; $2000, and a mandatory course in firearm use and safety. The second offense, $5000, remedial safety classes, and the registration of all firearms owned or in possession of the offender, and the offender must register all future arms purchases or possessions. Offenses under the first two penalties of this act shall be considered misdemeanors. There shall be a seven (7) year statute of limitations after a first offense, and a (10) year statute of limitations after the second, resulting in a clean record, including the requirement to register firearm purchases or possessions. The statues of limitations shall not apply the second time around.
The third event within the statutory limit or any incident resulting in bodily injury or death of a person, or any incident of a minor discharging a firearm unsupervised, or supervised and resulting in property damage of others, injury or death shall be: $5000 and confiscation of all firearms of the irresponsible gun owner, and a lifetime ban on the purchase, possession or discharge of any firearm. After second offense registration, the owner may not sell or give away any firearms or receive or possess a firearms dealers license. If the owner wishes to dispose of firearms they must be surrendered to the government. Upon the owners death, the firearms would be inheritable. The third offense under this act, or any offense of this act resulting in injury of any person, including the person discharging the firearm, or death of any person shall be a felony offense. No jail time shall be imposed for offenses under this act, except continued possession, or discharge of a firearm after the person has received a lifetime ban. Fines, penalties and imprisonment for violation of any other law or ordinance shall not be eliminated, limited or replaced by, or revoked due to the RFOA.
There shall be no penalty to a person selling firearms to persons under a lifetime ban, the irresponsible gun owner is responsible for his irresponsible purchase. Use of a firearm in any situation or place for self defense of the firearm user or in the defense of others is permitted, without fine or penalty, including persons under a lifetime ban. Screw stand your ground, but if a guy is getting stabbed or beaten, and he drops his gun, a good Samaritan should be able to pick it up and use it. These rules apply to law enforcement too, if they are dismissed due to improper firearm use, or indicted and convicted for the injury or death of someone they shot without just cause.
This is an excellent solution to part of this issue. It allows unfettered 2nd amendment rights to responsible people, without registration or restriction. It allows for recognition of a pattern of irresponsible gun use, and for education and remediation. It removes firearms from people shown to be irresponsible. The NRA and the 2nd amendment defenders would have a difficult time opposing this act. It allows for 2nd amendment freedoms, does not require registration except for repeat offenders, and allows for forgiveness and a reset of the ladder of offenses. Everybody that gets into GunFail gets affected by this act. This provides an incentive for owners to be careful in order to avoid entering into this system. There is incentive for offenders to be vigilant and responsible, because they may restore their rights if they keep a clean record. They may have as many as four incidents of unintentional discharge or property damage before receiving a lifetime ban. They might even go as long as 34 years or more and have four incidents before having the fifth and being banned, if there never was bodily injury or death. However, if a child or minor is involved, or with any bodily injury the ban is invoked immediately. This should be a federal law, but I'll take a state trying it first to see how it works.
The problem is not responsible people, it is people that think they are responsible and prove not to be. This is a bill that trusts people, and then removes trust the more irresponsible they prove to be. If it were a federal bill, it could remove all gun registration requirements nationally and in states until the owner screws up. I think the gun lobby would have a hard time defending irresponsible people, because it only punishes and regulates irresponsible people, not gun loving 2nd amendment NRA members that don't f*@k up.
They say guns don't kill people, people kill people. I'll give them one more step. Irresponsible people kill people. Lets agree to not give irresponsible people endless chances finally kill someone, or a another chance to do it a second time. Comments?