I have reservations about owning firearms generally, but I understand that to many, firearm ownership is part of their personal and family history. I also believe that the 2nd Amendment does confer some rights towards private firearm ownership, but do not agree that these rights are either absolute or universal.
However, I cannot support NRA positions that all firearms fall equally under the protection of the 2nd, and that background checks and waiting periods which are variable depending on where they occur is just fine.
I don't have a clue why law-abiding firearm owners allow this organization to co-opt rational comprehensive gun control legislation. Doing so puts the legality of their ownership at risk. As sentiments rise against the NRA (and make no mistake - they are rising), sentiments are also rising across the board in opposition to firearm ownership in general, and this can be directly tied to the NRA's strategies and profligate spending on political issues & candidates.
Here is my personal wish list:
1. Nationwide, no-exception background checks on all firearm purchases or transfers, along with a 5-day waiting period for purchases from registered dealers and a 10-day waiting period for non-registered-dealer transfers or sales, to allow time for background checks to take place. For gun-show-based or online-based sales, mandatory escrow services by purchaser-local registered dealers can be allowed.
2. A full ban on all semi-automatic, centrefiire, gas-powered, high velocity AR-style firearms. Inclusion in this ban should be based on actual muzzle velocity, rate of fire, and damages caused by a firearm, not on the vagaries of physical design or model number.
3. A full ban on high-capacity (over 10) detachable magazines, as well as aftermarket products designed to enhance firing speeds and reloading times in any firearm.
4. Have a national buy-back program in place for owners (both legal and illegal) for banned and non-banned firearms and accessories. This program should require mandatory destruction of all surrendered firearms, and a final date beyond which existing banned inventory is no longer legal for possession. Beyond that date, legal owners would face possible confiscation of all firearms they own and illegal owners would face possible 10/20/life prison sentencing.
5. Mandatory liability insurance on all firearms. Any uninsured firearm would be subject to immediate confiscation and destruction. All insurance policies should include ballistics registry of the firearm. Discounts on insurance rates can be given to owners who pass basic and advanced level firearm safety training and who ensure safe storage for their firearms.
6. Mandatory nationwide regulations for all concealed-carry firearms, enforceable on a state-of-residency basis. Nationwide regulations should include a minimum 5-day waiting period. Additional requirements for or limits to concealed carry can be imposed by any state. Concealed carry permission can be transferred to another state upon receipt of a transfer application & fees, compliance with any additional state requirements, and a minimum 5-day waiting period in order to verify standing in the originating state. In order to add a new state’s permission for concealed carry, firearm owner must apply for a primary state permit, with indication that residency of record is in another state. Owner must comply with all additional regulations and fees imposed by the state.
7. Mandatory firearms charges against owners for "negligent-discharge" shooting incidents involving minors. Any firearm so used may be confiscated and destroyed. As well, if any minor-involved incident includes any injuries, the owner of record shall be charged with felony negligence (or equivalent felony) and, upon conviction, all other firearms owned by the owner of record will be confiscated and the owner forbidden to purchase or carry firearms in the future.
8. With any criminal conviction for a felony offence committed using a firearm (real or replica) there should be a minimum penalty assessed that cannot be served concurrently with any other charges arising from the crime. As well, no conviction for any firearm violation should be allowed to be served concurrently with any misdemeanor conviction.
9. Loss or theft of a firearm stored on one’s premises must be reported to law enforcement authorities within 3 days of the discovery of loss/theft. Reporting the loss/theft within the 3-day window may provide immunity from further charges relating to the use of said firearm in a crime. If the loss/theft is NOT reported and the firearm is later used in the commission of a crime, the original owner of the firearm may face charges of felony negligence (or whatever the appropriate felony charges might be in their jurisdiction).
10. All firearm registrations must be renewed annually, for a fee. Proof of insurance for the firearm would be required. Renewal would also entail a new background check via the NICS system. Say $50-$100 per firearm for renewals, a sliding scale based on the firearm type. Lower for simple handguns and hunting rifles, higher for more advanced weaponry. Fees collected would be allocated to cover gov’t expenses for the renewal system and to help fund buy-back programs. This would have a side benefit of incentivizing owners of larger collections to downsize the amount of firearms they own.
(For example, Canada uses a Possession and Acquisition License, renewable every 5 years.)
In addition to the above, I believe the time has come to decide, once and for all, the specific definition of "a well regulated militia", including the rights and responsibilities thereof.
My suggestion for rewriting the 2nd Amendment:
“For security of self or society, the right of the people to keep and bear Arms shall not be infringed. This right shall not be construed to prohibit reasonable regulation of, or limitations to such Arms as the State and society deem necessary.”
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(Edited to remove “accidental”, substituting “negligent-discharge” in #7)
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Edit to add #9, per suggestion by wesmorgan1:
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Edit to #7, per suggestion by wesmorgan1, to include language supporting due process of confiscation.
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Edit to add #10, a new idea to the wish list:
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Edited to include #9 & #10 into the actual list, and expand my wish for the 2nd Amendment.
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Edited to change “weapon(s)” and/or “gun(s)” to “firearm(s)” in order to provide more semantic accuracy, plus minor changes in wording for clarity in #2 and #3.
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I want to add my thanks to everyone that has taken the time to comment and offer suggestions to improve this diary! I’m loving seeing the thoughtful dialogue so far!!! And thank you also for the addition to Community Spotlight. Very unexpected and appreciated!