My Proposals for a Possible Constitutional Personal Weapon Amendment
I feel that this country really needs to have constitutional convention, so I’m presenting on Redstate my thoughts about various topics.
I realize this diary won’t be popular, but we should hash things out in public in advance. The original constitutional convention officially had strict secrecy.
This is my idea of what a possible successor amendment to Amendment II might look like.
Weapon Possession Amendment
No person, except while on duty in the US military or a US state national guard and authorized, may possess in the US a gun made after 1866 capable of using a piece of manufactured ammunition that weighs more than eight ounces.
No person, except while on duty in military, a national guard or police service and authorized, may possess in the US:
- a weapon capable of firing more than 10 rounds without reloading, complete or broken down
- a magazine, clip or other device, attachable to a gun, designed to hold more than 10 rounds or usable with a gun to together successfully fire more than 10 rounds of ammunition
- a deadly weapon that has no legitimate personal civilian use
Unlawful possession of the above shall be a crime under federal law.
Except as limited above, an Indian tribe may regulate civilian weapons on its land, not used by an Interstate highway.
Elsewhere, weapon possession, transport and purchase may be regulated by federal and state law:
- in the areas incorporated prior to 2014 of cities
- on government land not leased out for agricultural use
- in schools, colleges, public buildings, penal institutions and hospitals and on their property
- on property leased by and used by a government for government business
- in built-up areas designated by state law and clearly posted, for over 90 days, except residential parcels of over 70,000 square feet
In areas not included above and fully respecting property rights, a US citizen over age 18 may purchase/store properly/properly and safely use the following:
- a rifle with a barrel at least 22 inches long
- a shotgun with a barrel/barrels of the length manufactured and (each) at least 22 inches long
- ammunition for guns, up to twenty pounds and as otherwise permitted by state law
- blade weapons of fixed form, exclusive of ornament.
In areas not included above and fully respecting property rights, a US citizen over age 25 may possess, store properly, properly and safely use and if possessing at least $5,000 in financial account assets, purchase the following:
- a handgun with a metal barrel
- other, collectable guns of less than 100 mm caliber whose market value primarily comes from their uniqueness, age, historical usage, provenance or ornamental characteristics,
- other weapons, except as barred by law, according to law
- magazines/clips, but not more than two useable by any one gun the citizen has
State law may outlaw concealment, except in the owner’s home or in containers that are locked.
A person over age 18 may transport a lawfully possessed gun in a locked compartment of motor vehicle operated legally, wherever that vehicle is otherwise permitted to go, except on the grounds of an educational or penal institution.
However, no person charged with, convicted of or having plead no contest to a crime of violence or with a possible term of imprisonment of over 30 days or under probation may acquire or refuse to disclose possession of a gun or other enumerated weapon to a law enforcement officer. Acquisition or refusal to disclose or surrender a gun to law enforcement by such a person shall be a state/federal crime.
However, no person having been prescribed an anti-depressant drug in the past three years or an anti-psychotic drug, declared mentally deranged by a court or who has been given an Individual Education Plan because of behavior/mental impairment may purchase or possess a gun or other enumerated weapon, and such purchase or possession may be made a crime under state/federal law.
A person served with a restraining order shall surrender all weapons enumerated by law and as required by the court, and may not acquire any other such weapon until such time as the court may decide.
The acquisition, possession, handling and usage of weapons by people under 18 years of age may be fully regulated by state law.
As you can see, the issue is very complex.
Remember, the other side, which is growing ever more numerous, can call for a convention too.
We need to be prepared to ensure the safety of America is maximized.
The Mexicans have a simpler rule set than my proposed set. This is a translation from the Organization of American States of a part of the Constitution of Mexico:
“Article 10. The inhabitants of the United Mexican States are entitled to have arms of any kind in their possession for their protection and legitimate defense, except such as are expressly forbidden by law, or which the nation may reserve for the exclusive use of the army, navy, or national guard; but they may not carry arms within inhabited places without complying with police regulations.”
I also put that out for your consideration.
In theory, Mexicans can have guns legally. In practice, only government people and some very bad Mexican lawbreakers do.