The newtown act™ a citizens proposal by brand flair - draft v2.0

A Citizen’s Proposed Legislation in Response to Sandy Hook
By John D. Boyle
@BrandFlair
http://brandflair.com

The Newtown Act(TM) - A Proposal by
1/31/2013 @BrandFlair

Agenda
 Objectives
 About @BrandFlair
 The Second Amendment
 Firearm Regulation
 Childhood Provisions
 Next Steps

1/31/2013 The Newtown Act(TM) - A Proposal by @BrandFlair

Objectives
 Protect Constitutional Rights of Law Abiding Citizens
while addressing ways to prevent another Sandy Hook
 Present General Ideas for The Newtown Act™ to
#HecklersHangout
 Constructive discussion of the proposed Act
 Feedback to @BrandFlair for changes
 Suggest ways for both sides to “give AND gain!”
 Keep extremism and hyper emotion out of the
hangout!!!


About @BrandFlair
 Grew up in Washington State in a family who hunted
regularly.
 From age 5 went with father on hunting trips occasionally
(not as a shooter mind you)
 Took state Firearm Safety course at age 10 and passed exam
on first try. Began hunting with father.
 Bought my first rifle for 1$ from my grandfather (his
boyhood .22 cal. bolt action) on my 11th birthday.
 Raised to respect firearms for what they are and not as toys.
 Passed the Texas Concealed Handgun (CHL) course, range
test and extensive background check.
 Independent voter


The Second Amendment

"A well regulated militia, being necessary to the
security of a free state, the right of the people to
keep and bear arms shall not be infringed."


The National Firearms Act ("NFA") of 1934
 The National Firearms Act of 1968 (NFA) defines a number of
categories of regulated firearms which are known as NFA firearms and
include the following:
 Machine guns—any firearm which can fire more than 1 cartridge per
trigger pull. Both continuous fully automatic fire and "burst fire" (i.e.,
firearms with a 3-round burst feature) are considered machine gun
features. Weapon's receiver is by itself considered to be a regulated
firearm.
 Short-barreled rifles (SBRs)—this category includes any firearm with
a buttstock and either a rifled barrel under 16" long or an overall length
under 26". The overall length is measured with any folding or
collapsing stocks in the extended position.
 Short barreled shotguns (SBSs)—this category is defined similarly to
SBRs, but the barrel must be at least 18" instead of 16", and the barrel
must be a smoothbore. The minimum overall length limit remains 26".
 Silencers —this includes any portable device designed to muffle or
disguise the report of a portable firearm.
 Destructive Devices (DDs)—there are two broad classes of
destructive devices: Devices such as grenades, bombs, explosive
missiles, poison gas weapons, etc.

Thomas Jefferson
"On every question of construction (of the Constitution)
let us carry ourselves back to the time when the
Constitution was adopted, recollect the spirit manifested
in the debates, and instead of trying what meaning may
be squeezed out of the text, or invented against it,
conform to the probable one in which it was passed."

(Thomas Jefferson, letter to William Johnson, June 12, 1823, The Complete
Jefferson, p. 322)


James Madison
"The right of the people to keep and bear...arms shall not
be infringed. A well regulated militia, composed of the
body of the people, trained to arms, is the best and most
natural defense of a free country..."

(James Madison, I Annals of Congress 434 [June 8, 1789])


Richard Henry Lee
"To preserve liberty, it is essential that the whole body
of people always possess arms, and be taught alike
especially when young, how to use them."

(Richard Henry Lee, 1788, Initiator of the Declaration of Independence, and member of the
first Senate, which passed the Bill of Rights, Walter Bennett, ed., Letters from the Federal
Farmer to the Republican, at 21,22,124 (Univ. of Alabama Press,1975)..)


Firearm Regulation –
Recreational/Hunting/Sporting
 Firearm Safety Course and Certification
 Federally mandated and implemented and offered by States.
 Individuals 18 or older
 Age 8 and older if taken with a parent or guardian
 Must have course certification to purchase non PDW firearms and hunting
licenses.

 Any purchase private or public requires federal background check

 Pertains to rifles, shotguns, non SA Handguns and firearm antiques
 Semi-Auto/Pump Action/Lever/Over Under/Side By Side, etc.
 5 round or less capacity for rifles
 3 round or less capacity for shotguns
 8 round or less capacity for non SA handguns
 Non PDWs

Firearm Regulation – PDWs
 Creation of a new “Militia Defense License” (MDL) and certification
and renewal process
 Allows ownership of semi-automatic Personal Defense Weapons to
certified citizens
 Use Texas CHL Laws and Process as foundation
 Required course from certified instructor
 Required range certification
 Required nationwide extensive background check (criminal, civil,
mental health)
 Fingerprinting & photo
 Additional penalties for breaking rules when licensed applied to
license holders
 Recertification every three years (includes background check)
 8 hours CE (instructed course on new laws and range time) per year
 Baseline definition of defensive acts protected under law


Firearm Regulation – Rifle & Shotgun PDWs
 Militia Grade Personal Defense Weapons
 US or Approved NATO models (e.g. M1A, FAL)
 Standard in service or formally in service NATO model
weapons
 Semi-automatic only
 30 round magazine maximum capacity rifles
 10 round maximum capacity shotguns
 Adhere to current barrel length regulations. No personal
mods.
 No restrictions on manufactured accessories (e.g. grips, bi-
pods, etc.)


Firearm Regulation – Rifle & Shotgun PDWs

 .50 cal. weapons and ammunition moved to Class 3 status.
No grandfathering
 Current owners may obtain Class 3 license or legally sell
and/or transfer ownership to a Class 3 licensee


Firearm Regulation – Non US/Non NATO PDWs
 Ban production, importation and sale of Foreign Non
NATO Models (e.g. AK-47)
 Citizens owning one of these models have 3 years to
obtain a Militia Defense License (MDL)
 With proof of MDL certification banned models may be
exchanged for an approved PDW
 If citizen does not become certified a banned model may be
turned in for Fair Market Value (FMV) of that weapon using
prices pre-December 14, 2012
 No grandfathering


Firearm Regulation – PDW Handguns
 Require CHL Level Course and Certification - Use Texas CHL
Laws and Process as model
 Pertains to Semi-Automatic Handguns only
 Required course from certified instructor
 Required range certification
 Required nationwide extensive background check (criminal, civil,
mental health)
 Fingerprinting & photo
 Additional penalties for breaking rules when licensed applied to
license holders
 Recertification every three years
 8 hours CE (instructed course on new laws and range time) per year
 Definition of defensive acts protected under law
 Will enable concealed carry and ensure reciprocity in all 50 States
and US Territories


Childhood Provision
 Any violent act involving a firearm against a child or in a
Primary Childhood Environment (PCE) such as a school,
playground, sports facility, etc. will be a Class 1 Felony with
standard minimum and maximum punishments being tripled.
 The Newtown Act will seek to provide and expand:
 Security training and security enhancements to campuses including
replacement of all portable buildings with permanent structures
 Nationwide School Anti-Bullying Programs
 In school counseling for families and students
 Head Start Programs
 After School “Late Pick Up” Activities
 In School Physical Education and Club Sports
 Revise in school food services requirements to be in line with present day
requirements for a healthy diet. Do away with current FDA standards.

Childhood Provision
 Ban production, importation and sale toy replica’s
imitating handgun, shotgun and rifle PDWs.
Real Chinese AK47>>>>>

Airsoft and
<<Paintball Guns >>


Childhood Provision
 Films, Television, Games, and other forms of
entertainment involving guns and or gun violence may
not be marketed, sold to or accessed by children under
18.


Implementation
 Within one year of being signed into Law:
 All states to provide accessible and affordable firearm safety courses for all
firearm owners and interested citizens. States may charge processing fee for
licenses not exceeding $80.
 Citizens unable to pay the fee for license, course and/or registration may work
20 hours of community service for a local non profit organization (e.g. Habitat
for Humanity) in exchange for fee waivers and certification course fee waiver.
 All states to provide accessible CHL and MDL certification courses for all
firearm owners and interested citizens within one year Act being signed by
POTUS.
 No local government may pass laws altering or limiting Newtown Act
provisions including legal supply and transportation of firearms and
ammunition.
 Provisions of this act apply to elected and appointed government officials and
their personal security staff.
 Law enforcement and military while “on active duty” are not subject to the
laws of the act. Immediately upon discharge or retirement they will be.

Implementation
 Within two years of being signed into Law:
 Citizens will need to be in compliance with new registration,
certification and licensing.

 It will be a Class 3 Felony to publish or disclose publicly
names and information of CHL or MDL holders.
 States will not be required to disclose personal information of
legally licensed citizens to any Federal Government officials
unless it pertains to a criminal investigation.


Enforcement
 States will enact and enforce provisions of this act within
their borders and manage the records of licensed citizens
 The Federal Government will enforce this act through general
oversight and securing of US borders to limit flow of illegal
and unlicensed firearms into the United States
 All State Attorney’s General will provide summary progress
report to the US Attorney General annually on the first
Tuesday following the first of the calendar year.


Funding
 10% Reduction in all foreign aid
 5% Marijuana Tax on sales for recreational use in states
with Legal Marijuana Laws. Medical will be tax exempt.
 5% Reduction of operational budgets for domestic and
military prisons
 Elimination of funding for domestic and military prison
non essential amenities (TV, Internet, etc.)
 Ban the use of Federal Food Stamps for purchases of
Alcohol and Tobacco


Next Steps
 Incorporate feedback and revise details of The Newtown Act™
 Review with others who are interested in helping create a
polished final version created by citizens
 Submit to Congressional representatives and post as petition
on the White House petition site
 Leverage Social Media build support that drives Congress to
take real impactful action.


The newtown act™ a citizens proposal by brand flair - draft v2.0

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