Proposed by Peter Eisenstadter — 8 May 2023
The following is an attempt to present a rational replacement for the U.S. Second Amendment. Reactions and feedback are welcome.
AN AMENDMENT
A. The Second Amendment to the Constitution of the United States of America
is hereby repealed.
B. The right of all individual citizens to keep and bear arms shall be respected
and shall not be infringed except where it is determined by competent legal
authority that the public safety is endangered, so that all citizens may enjoy
their rights to life, liberty, and property and be secure from armed attack.
C. Congress shall have power to enforce this article by appropriate legislation.
AN ACT
FOR THE ESTABLISHMENT AND MAINTENANCE OF FIREARM SAFETY
The Constitutional right of all US citizens to keep and bear arms includes the
acknowledgement that such right carries with it the responsibility for the safe
operation of such weapons as well as an awareness of the requirements of public
safety and security. Therefore, the following provisions are to be enacted as law:
A. All owners of firearms must be natural-born or duly naturalized citizens of
the United States, not less than twenty-one years of age, and must be licensed
to own, keep, possess, and/or operate firearms. Each separate category of
firearms shall require a separate license. Licenses will be granted upon
presentation of certificates of competence, maintenance, and safety (as in B
below) to duly recognized state and/or federal authorities. A fee for granting
such licenses may be charged to defray the cost of issuance.
B. Any citizen wishing to purchase a firearm will be required to first complete a
training course, offered by duly licensed and regulated authority, on safety,
maintenance, and competent operation of said firearm. Satisfactory
completion of such training will be duly certified in writing by such
authority. Separate certification will be required for each category of
firearm. Certification will be awarded upon completion of written, oral,
and/or practical qualifying examination, to be hereinafter determined. All
citizens already in possession of any firearms at the time when this act shall
have become law will have one (1) calendar year to complete such training or
to show written certification by such authority (as above) of having already
completed such course of training. All those wishing to serve as certification
instructors will be required to show, by examination and/or other such
demonstration, thorough knowledge of safety, maintenance, and competent
operation of each firearm on which they will offer instruction and will be
further required to be licensed as such. All groups offering such instruction
will be required to be staffed by such licensed instructors only.
C. All vendors of firearms must be licensed by the state in which they conduct
their business. Vendors buying or selling firearms across state lines or
participating in international trade must be licensed by federal authority.
All private sales between individuals must be registered with appropriate
state and/or federal authority. All such sales will be subject to required
background checks (see D below).
D. It shall be the responsibility of any vendor of firearms to conduct required,
thorough background checks on any and all prospective purchasers of
firearms. A waiting period, not to exceed fourteen (14) days, shall be allotted
for such background checks, to include (but not necessarily be limited to)
prior criminal record, present and past mental health history (if any),
presentation of appropriate certification by duly constituted authority (as in
B above), appropriate licensure, and other such criteria, to be hereinafter
determined. Failure to conduct such checks will be considered a
misdemeanor under this act.
E. No person lawfully convicted of a felony under either state or federal law, as
a condition of his/her punishment, will be allowed to own, keep, possess, or
operate a firearm. The sale or transfer of any firearm to such persons will be
considered a felony under federal law punishable by fine and/or
imprisonment.
F. No person diagnosed by duly constituted, recognized, and licensed medical
and/or psychiatric authority with a mental health disorder encompassing
psychotic, psychopathic, and/or sociopathic behavior, or who demonstrates a
tendency toward committing violent acts against self or others, will be allowed
to own, keep, possess, or operate a firearm. The sale or transfer of any firearm
to such persons will be considered a felony under federal law punishable by
fine and/or imprisonment.
G. No firearm designated for use by the military, or any copy of such weapon, will
be allowed for sale to the civilian population, excluding those citizens who can
demonstrate to duly recognized authority the necessity for owning, keeping, and
operation of such firearms. All persons already owning such firearms at the time
that this act shall have become law shall be required to maintain special certification
and licensure appropriate to such firearms, to be renewed each calendar year that
said owner shall hold and operate such firearms. Such owners shall also be
required to pay a yearly fee, to be hereinafter determined, to cover the cost of such
certification and licensure, as well as maintaining records of the same. Failure by
owners to comply with the provisions of this section will be considered a
misdemeanor under this act and may lead to fine and/or confiscation of said weapon
or weapons.
H. All items or processes designed to render a semi-automatic weapon into an
automatic weapon, specifically but not limited to “bump-stocks,” are illegal
under this act.
I. The manufacture, sale, and possession of any clip, drum, belt, or other such
containers necessary to the operation of any firearm containing more than
five (5) rounds, exclusive of those containers meant for storage only, is
prohibited.
J. All firearms shall be registered with a serial number by appropriate
authority. It shall be a felony to eradicate or alter such number, punishable
by appropriate fine and/or imprisonment.
K. All owners of firearms will be legally liable for any and all criminal acts to
life, health, or property resulting from the use or misuse of these weapons,
including those occurring due to loss or theft. Consequently, all such owners
will ensure that all firearms are suitably secured against any such loss or
theft. Failure to do so will render such owners subject to criminal
prosecution under this act, resulting in possible fine and/or imprisonment.
L. Nothing in this act shall prevent the several states from enacting, as
necessary, other laws more stringent than the provisions herein listed.