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

The Newtown Act(TM) - A Proposal by @BrandFlair

The Newtown Act™A Citizen’s Proposed Legislation in Response to Sandy Hook

By John D. Boyle @BrandFlair

http://brandflair.com

DRAFT

1/31/2013


AgendaObjectivesAbout @BrandFlairThe Second AmendmentFirearm RegulationChildhood ProvisionsNext Steps

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ObjectivesProtect 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 ActFeedback to @BrandFlair for changesSuggest ways for both sides to “give AND

gain!”Keep extremism and hyper emotion out of the

hangout!!!1/31/2013


About @BrandFlairGrew 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

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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."

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The National Firearms Act ("NFA") of 1934The 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.

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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)

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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])

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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)..)

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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

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Firearm Regulation – PDWsCreation 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

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Firearm Regulation – Rifle & Shotgun PDWs

Militia Grade Personal Defense WeaponsUS or Approved NATO models (e.g. M1A, FAL)Standard in service or formally in service NATO

model weaponsSemi-automatic only30 round magazine maximum capacity rifles10 round maximum capacity shotgunsAdhere to current barrel length regulations. No

personal mods.No restrictions on manufactured accessories (e.g.

grips, bi-pods, etc.)1/31/2013


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

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Firearm Regulation – Non US/Non NATO PDWsBan 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 PDWIf 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

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Firearm Regulation – PDW HandgunsRequire 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

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Childhood ProvisionAny 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 studentsHead Start ProgramsAfter School “Late Pick Up” Activities In School Physical Education and Club SportsRevise in school food services requirements to be in line with

present day requirements for a healthy diet. Do away with current FDA standards.

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Ban production, importation and sale toy replica’s imitating handgun, shotgun and rifle PDWs.

Airsoft and <<Paintball

Guns >>

Real Chinese AK47>>>>>

Childhood Provision

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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.

Childhood Provision

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ImplementationWithin 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.

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ImplementationWithin 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.

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EnforcementStates 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.

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Funding10% Reduction in all foreign aid5% 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

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Next StepsIncorporate feedback and revise details of The

Newtown Act™Review with others who are interested in helping

create a polished final version created by citizensSubmit to Congressional representatives and post

as petition on the White House petition siteLeverage Social Media build support that drives

Congress to take real impactful action.

1/31/2013

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

Documents

brandflair http

comthe newtown acttm

national firearms act

portable firearm

nfa firearms andinclude

state firearm safety

machine gunsany firearm

thomas jefferson