While I don’t know how to write legislation and I’m sure this isn’t perfect, I think it addresses most everything that needs to be addressed. Feel free to improve it. Fax it or mail it to your representative and get them to introduce it.
A BILL to prevent the needless deaths of people in this country by guns.
Be it enacted by the Senate and House of Representatives of the United States in Congress assembled,
Section 1, Short Title:
This Act may be cited as the “People are more important than guns act of 2018.”
Section 2. Definitions:
In this Act
- “gun” shall mean any device that uses any chemical reaction to discharge or launch any type of projectile.
- The term “military style gun” shall mean any gun that is not a pistol, revolver, shotgun, bolt-action rifle, lever-action rifle, or any gun manufactured before 1905 and shall include any magazine that holds more than 9 rounds of ammunition. “Military style gun” shall be given the broadest definition possible and shall not be constrained except as set forth in this definition.
- “manufactured before 1905” shall mean that at least 75% of the gun was simultaneously manufactured and assembled by the same manufacturer before 1905.
Section 3. Purpose:
The purpose of this Act is to eliminate, to the greatest extent possible, the massive number of deaths in this country due to intentional or accidental shootings. This Act is intended to make it a felony criminal offense to manufacture, own, sell, possess, or distribute any military style gun. It is the express intent of this Act to permit ownership and possession of only those guns that are commonly known as pistols, revolvers, shotguns, and bolt-action rifles, as well as antique guns defined as any gun manufactured before 1905. These guns (pistols, revolvers, shotguns, and bolt-action rifles), are permitted so that persons legally allowed to purchase and own them can use them for self-defense and/or hunting/sporting activities.
Section 4. Criminal Actions:
1. It shall be a felony crime to manufacture any military style gun.
a. Any person or entity that makes, by whatever means and using whatever materials, a military style gun shall be deemed to have violated the Act. Every military style gun manufactured in violation of this Subsection 1 shall be a separate criminal offense. Each violation of this Subsection 1 shall carry a mandatory minimum of 5 years in federal prison. Any person or entity that is found guilty of violating this Subsection 1 shall be forever barred from owning any gun or firearm of whatever kind.
b. Only those persons or entities who have a written contract with either the United States Government or any government of any of the individual United States to manufacture military style guns shall be exempt from this Act only for the duration of such written contract.
i. No person or company who is exempt under this Section 4(1)(b) shall be permitted to sell, directly or indirectly, any military style gun to any individual person and doing so shall be a violation of this Act.
3. It shall be a felony crime to own or possess any military style gun.
a. Any person or entity that owns or possesses a military style gun on the 365th day or any day thereafter after the effective date of this Act shall be deemed in violation of this Act. Every military style gun owned or possessed in violation of this Subsection 2 shall be a separate criminal offense.
i. Any human being may apply for an exemption to this Subsection 2 for up to a maximum of 3 military style guns by obtaining approval from any state government by completing the following in writing:
- Providing the serial number of each military style gun to the state government;
- Affirming under oath that the human being applying for the exemption is the true and correct owner of the military style gun;
- Providing the physical address where the military style gun will be kept; and
- Providing a certified copy of an insurance policy that provides benefits and coverage to any person intentionally or accidentally who is physically injured by the military style gun in an amount of at least $1,000,000 per person injured.
ii. Any exemption granted pursuant to the immediately preceding subsection (i) shall expire upon the death of the human being to whom the exemption was granted and shall not, for any reason, extend beyond the life of that person. Upon the person’s death who was granted the exemption, the military style gun(s) shall be destroyed as set forth in this Act.
b. Any state or local government may purchase military style guns and will not be in violation of this Act. However, all such military style guns shall be stored at all times in an armory owned and operated by such state or local government and may be removed from such armory only upon the submission and acceptance of a written application that provides the following information for the person seeking to remove the military style gun from the armory: name, residential address, insurance policy number and carrier for insurance as set forth in Section (4)(2)(a)(4) herein, along with proof of state or government issued ID that contains the same name and address information set forth in the application. Any military style guns removed from any such armory may only be used to perform target practice at a facility owned or operated by the same state or local government and such facility must be located within 500 yards of the armory. Upon declaration of martial law by the state government in which the armory is located, the state government may distribute the military style guns as it sees fit.
c. Any human being who is enrolled in any branch of the United States military, is a federal law enforcement official, or a member of any state’s national guard is exempt from this Subsection 2 for any military style gun issued to such human being by the military or national guard. Any human being who is enrolled in any branch of the United States military or any state’s national guard who owns or possesses any military style gun not issued by the military or national guard shall be in violation of this Subsection 2, unless otherwise exempt, and shall be dishonorably discharged upon conviction of violation of this Act.
d. Each violation of this Subsection 2 shall carry a mandatory minimum of 5 years in federal prison. Any person or entity that is found guilty of violating this Subsection 2 shall be forever barred from owning any gun of whatever kin
3. It shall be a felony crime to sell or transfer any military style gun. Every sale or transfer of a military style gun shall be a separate violation of this Act.
a. Each violation of this Subsection 3 shall carry a mandatory minimum of 5 years in federal prison. Any person or entity that is found guilty of violating this Subsection 3 shall be forever barred from owning any gun of whatever kind.
Section 5: Disposal of Military Style Guns
- Each state government shall establish one disposal site or location for every 1,000,000 residents with such sites or locations with at least one site or location located in the capital city and any city that has a population of at least 750,000. Every other disposal site or location shall be located in the largest town or city within a 50-mile radius. Any state that has less than 1,000,000 residents shall establish at least three disposal sites or locations, with one being located in the state’s capital city and all other sites or locations dispersed so that the maximum number of people can access them by traveling 100 miles or less to the site or location.
- The United States Government shall pay for all costs associated with establishing these disposal sites and locations.
- Any person or entity that owns a military style gun that is not otherwise exempt from this Act shall bring all military style guns owned or possessed to a disposal site or location in the state in which they own or possess any military style gun.
a. At each disposal site or location, the person bringing the military style guns shall be paid a fair value for each military style gun, with a minimum of $50 per military style gun and a maximum of $3,500 per military style gun. The value shall be determined based on the retail price of the military style gun in 2018. The person disposing of the military style gun shall be responsible for demonstrating that retail price. If no retail price is provided, the person shall receive $50.
4. All disposal sites and locations shall be open from 9am local time until 6:30pm local time at least five days per week and shall operate until midnight local time on the 366th day after the effective date of this Act, unless such day is a federal holiday and in such event the 367th day after the effective date of this act.
5. Each day the disposal site or location receives any military style guns, state governments shall dispose of all military style guns by shredding them or crushing them in a device similar to a car-crusher.
