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    The National Self-Defense and Second Amendment Restoration Act 1994



PROPOSAL: by the People of the United States to their Lawfully Appointed

	Servants in the Legislative House of their Government.



We, The People of the United States, in order to more perfectly protect our

Constitution and our Civil Rights, to restrain tyrrany against these by our

President, our Congress, our States, and our Judiciaries, and to more

fully enable ourselves to live in the hope of peace in our own land,

do call upon the Congress of the United States to enact the Following:



			---------------------------------



SECTION 1: SHORT TITLE

This Act may be cited as:

"The National Self-Defense and Second Amendment Restoration Act of 1994".



Whereas the clear intention in the Minds of the Authors of the Constitution,

	especially in the Second and Ninth Amendments thereof, was that the

	People, individually and collectivly, be able to defend themselves,

	their families, their communities, their State, and their Nation,

	from invasion, predation, or tyrrany, whether such threat be organized

	or ad hoc, and to effectuate this defense both through the Organs of

	the various levels of their Government, and where direct appeal to the

	same was not reasonably available, by themselves through force of arms

	directly;

	and

Whereas the Right to Keep and Bear Arms is one inherent to all Free Peoples,

	not arising from the form of Government nor the Articles defining said

	Government, but arising from the People themselves;

	and,

Whereas no just Government shall ever render the Freedom of it's People

	vulnerable to predation, and the history of the nations of this world

	have no account of a people who were substantially disarmed and also

	remained a substantially free people, but fell prisoner to an armed

	agressor or were defended by an armed people;

	and,

Whereas the objective of ensuring the ability of the People to feel safe and

	secure in their homes and lives, in private and in public, is the most

	fundamental reason justifying the existance of Governments;

	and,

Whereas it has been found, in many studies both recent and antiquitous, as

	well as being the First Conclusion of Common Sense, that a well-armed

	people are more capable of securing their defense than an unarmed

	people;

	and,

Whereas the level of threat directed against individuals, families, and

	communities to which no conceivable Government body could reasonably

	be expected to deliver immediate relief is both alarming and rising;

	and,

Whereas the threat levelled against the security of the individual, the home,

	and the family is increasingly well-armed and increasingly pityless to

	the human and economic costs of their predation;

	and,

Whereas several acts of Federal and State legislation blatantly violate

	the clear and simple principles and language of the Fourteenth

	Amendment, in that they place unequal burdens pertaining to owning

	or carrying firearms or components thereof, by empowering current

	and former employees of some departments of the various levels of

	Government and disenfranchising other, equally upright Citizens;

	and,

Whereas several acts of legislation in many of the States and Territories

	blatantly violate the clear and simple principles and language of the

	Second Amendment by placing onerous or insurmountable obstacles in

	the path of those common Citizens who would desire to be able to

	accomplish their defense in the gravest extreme by carrying firearms

	upon their persons in public, or even by owning such firearms as would

	enable them to defend their Lives, their Liberty, or their Sacred

	Honor;

	and,

Whereas Federal and State Statutory acts which impliment cosmetic limitations,

	such as caliber restrictions, stock/grip configuration penalties,

	recoil suppressor prohibitions, etc more heavily penalizes the elderly,

	women, and lightly-built people, than the perpetrators of violence in

	our Land;

	and,

Whereas increasing gang violence puts upon the Law-abiding Citizen a real need

	to be able to resist and defend against gang attacks, rendering

	statutory limitations to firearms configurations such as upon magazine

	size an endangerment to the good Citizens of this Land;

	and,

Whereas the regulations of the officers of the Executive Branch layed upon

	those whose, in free and legal commerce, buy, sell, or transfer

	firearms has a sharply chilling effect upon the rights of the people

	pertaining to the buying, selling, or transfering of firearms;

	and,

Whereas the entire body of legislation limiting the free commerce, enjoyment of

	ownership and responsible use of firearms, by prohibition or taxation,

	impacts the Rights of the People to effect their self-defense without

	making a parallel impact upon the capabilities of the Criminal Elements

	of our society to commit their predations, they being of a nature and

	disposition to ignore such prohibitions as are placed upon them and to

	evade paying taxes where due, which in totality renders the Citizens

	of this Republic more vulnerable, rather than more secure,





(This space available for vituperations, excoriations, recriminations, &

complaints against the Executives, Legislatures, and Judiciaries of the USA

on any topic closely related to the Keeping and Bearing of Arms by the People

of the United States. Don't be afraid of hurting their feelings,

give both barrels together. They know their unfaithfulness, but figure they

can get away with it. Prove to them that they are wrong. My /var/spool/mail

file is a symlink pointing to a new 1GB disk. The line is ready. Open fire.)



------------------------------



Date: Thu, 17 Nov 94 14:26:04 PST

From: brunner%cutter@icarus.ssd.loral.com (Brian T. Brunner)

To: fap@world.std.com, roc@xmission.com, constparty@tomahawk.welch.jhu.edu

Subject: CCW.act.1

Message-Id: <9411172226.AA20230@cutter.ssd.loral.com>



(Part 2 of three. Part one is the "Whereas" stuff)

(Anything parenthetic or aligned with the left side is

commentary/question/solicitation-for-input)



    IT IS THEREFORE ENACTED IN CONGRESS:

    as the Citizens' Self Defense and Second Amendment Restoration Act of 1995



	STATEMENT OF CONGRESSIONAL INTENT:

	Congress intends herein to exhume the Second Amendment to the United

	States Constitution from the Death of a Thousand Cuts to which it has

	been subjected by Legislators, Executives, and Judicial bodies thruout

	this land. The terms within that great law are clarified with the

	intention of preventing any further such infringement of the Right

	that is uninfringeable: The Right of the People to Keep and Bear Arms.

	It further is our intention to establish a level of training and

	competence consistant with the term "Well-Regulated" as intended and

	used by the Authors of the Second Amendment for the purpose of

	fulfilling the Duty and Power of Congress to train the Militia.



	Table of Contents:

	Section 1: Establishment, Publication, and Administration of a Small

	    Firearms Training and Competency Standard.

	Section 1.1: Definition of a "Small Firearm".

	Section 1.2: Definition of the term "Citizen" in this Act.

	Section 1.3: Assignment of Responsibility for Establishment of the

	Section 1.3.1: Nomenclature of Firearms

	Section 1.3.2: Safety off the range.

	Section 1.3.3: Safety on the range

	Section 1.3.4: Definition of Competency

	Section 1.3.5: Requirements for qualification as a Small

	    Firearms Competency and Training Trainer.

	Section 1.3.6: Explicit limits on modifying the training.

	Section 1.4: Assignment of Responsibility for Oversight of the

	    Qualification of Instructors.

	Section 1.4.1: The power of the Federal Director of Civilian

	    Marksmanship relative to this Act. Invitation to the States

	    to designate a State Director of Civilian Marksmanship.

	Section 1.4.2 Failure to Perform by the Federal Director of Civilian

	    Marksmanship. Failure to perform by the State Directors of

	    Civilian Marksmanship.

	Section 1.5: Publication of the Standard.

	Section 1.6: Non-Pre-emtion of State Standards of Training. Conflicting

	    Standards.

	Section 1.6.1: States Rights to Establish Standards.

	Section 1.6.2: States Rights to Issue Certificates

	Section 1.6.3: Full Faith and Credit.

	Section 1.7: Value and Efficacy of the Certificate of Competion of the

	    Standard of Small Firearms Training and Competency.

	Section 2: Definition of the Unorganized Militia. Scope of Duty.

	Section 3: Restatement of the Second Amendment.  Nullification of

	    State and Federal laws and ordinances thruout the United States

	    of America which are in obvious conflict therewith.

	Section 3.1: The Congress of the United States Understands and

	    Re-Iterates the Second Amendment as follows:



	Section 1: Establishment, Publication, and Administration of a Small

	Firearms Training and Competency Standard.



	    Section 1.1: Definition of a "Small Firearm".

		(a) The term "Small Arm", which generally denotes a small

		    firearm, is not suitable here, as it also properly refers

		    to a multitude of non-gunpowder weapons not treated.

		(1) Manual and Mechanical Weapons: Bladed weapons, single- or

		    jointed-stick weapons, bows, arrows, slings, brass-knuckles,

		    etc are not treated herein.

		(2) Hand- and Self-Propelled Ordinance: Rocks or other inert or

		    frangible objects, Grenades, Rockets (where 80% or more of

		    propelling combustion occurs in the projectile) etc. are

		    not treated herein.

		(b) A "Small Firearm" (as compared to Heavy Weapons and

		    Artillery or other "Large Firearms") is any slug-throwing

		    tube where the slug is expelled by burning or exploding

		    gunpowder, (smokeless or black), or equivalent propulsion,

		    not including compressed bottled inert gasses, that meets

		    all of the folowing:

		(1) Overall Length, including all attachments, less than 2

		    meters (78.59 inches).

		(2) Total weight, including 24 normal rounds of ammunition for

		    this weapon, less than 30 Kilograms (66.13 Lbs).

		(3) Maximum muzzel land-to-land diameter, 25.45mm.

		    (100 caliber).

		(4) Not principally tracked, wheeled, self-propelled, or

		    trailer-mounted.

		(5) Normally carryable and operable (load, aim, and fire)

		    while hand-held or shoulder-mounted, by one trained

		    infantry trooper.

		(6) The weapon is not normally destroyed in the process of

		    a single operation.

		(c) "Small Firearms" are a subset of the "Arms" which are

		    explicitly reserved to the People to Keep and Bear as they

		    will.



This is broad enough to cover blackpowder muzzel-loaders of any era, the

(new rage) .50BMG, and the (soon-to-be new rage) 20mm 2mile Ultra Long Range

Competition Shooting pieces. It excludes mortars & other light artillery.

It excludes generally-bipod-mounted critters like M2 .50BMG, but allowing

M60 and an M60-like monster in .50BMG. It excludes pellet/CO2 weapons (maybe

it should include them, since this is a protection list.) It excludes bombs

and rockets of every type. It excludes most cannons.



This definition is not here to educate us, it is here to define a part of 'what

are "Arms" in the Second Amendment', as a LARGE group of items that are hereby

protected from Executive, Legislative or Judicial predation.



	    Section 1.2: Definition of the term "Citizen" in this Act.

		(a) For the purposes of this Act, "Citizen" shall mean a free

		    adult not guilty of a Felony nor adjudicated mentally

		    incompetent nor adjudicated emotionally unstable to a

		    degree that the expectation that this person would behave

		    responsibly while in long-term unsupervised posession of a

		    Small Firearm is unreasonable.

		(b) This use of Citizen is not to be contrued as granting

		    Citizenship in the United States or in any State, nor to

		    encumber Citizenship in any other State or Nation. Rather,

		    it designates who is entitled to carry Small Firearms while

		    in the United States as a means of effecting personal self

		    defense via the use of lethal force.



This is here to define "People" in the Second Amendment.



	    Section 1.3: Assignment of Responsibility for Establishment of the

		    Training Standard.

		The Federal Director of Civilian Marksmanship shall

		    establish a Standard for Small Firearms Training and

		    Competency. The content of Standard shall not be torturous.

		    It shall cover the following topics:



		Section 1.3.1: Nomenclature of Firearms



(This section left open/unformatted for input from those who are

Firearms Competency Trainers)



		    Name the larger parts of a "generic" muzzel-loader,

revolver and autoloader handguns, and a "generic" muzzel-loader, bolt-action,

pump, lever, and autoloader rifles.

		    Give simple descriptions of the above Small Firearms types in

sufficient detail to alert the reader the differences in function between them.

		    Identify appropriate ammo (.357 accepts .38spl, but not

vice-versa; 9mm is a close but bad fit. Read the stamp on the case.) NOT a P.C.

discourse on whether hollowpoints are OK. These parts mean you can go to a

gun shop and get a tune-up for your piece without necessarily being vulnerable

to a rip-off. It is comparable to knowing a coil from a distributor, a tire

from a wheel, but not a racing cam or high-compression pistons from

standard-duty.

		

		Section 1.3.2: Safety off the range.

		    Demonstrate loaded/unloaded check.

		    Demonstrate safe draw/holster.

		    Demonstrate safe clean/disassemble/store.

		    Demonstrate safe hand-over.



These parts get the gun-ignorant over the main fear hurdles.



		Section 1.3.3: Safety on the range

		    Firing range safety rules, the authority of the R.O.

		    Firing range safety equipment.

		    Firing grip, stance & posture.



This is to reduce the "Gun Range Horror Stories" that the Media will love to

harp upon as proff that this is all a Bad Idea.



		Section 1.3.4: Definition of Competency

		    Definition of the Target.

		    Method of scoring a target.

		    Minimum score for Qualification Certification:

			Number of Shots at distances and minimum Scores for:

			    Handgun Competency

			    Rifle Competency

			    Shotgun Competency

			    Muzzel-loader Competency

			Test re-take



This is here primarily to obstruct States, or the Fed, from saying O.K. to our

faces and then imposing qualification criteria so stringent only the IPSC geeks

would have a chance of success.



		Section 1.3.5: Requirements for qualification as a Small

		    Firearms Competency and Training Trainer.



(ok, any suggestions?)



		Section 1.3.6: Explicit limits on modifying the training

		    (a) The training requirements may not be modified more often

			than once every three years.

		    (b) The training requirements may not be made more stringent

			that required of Federal law enforcement agents, of

			any department that requires carrying of firearms in

			the execution of duty.

		    (c) The training requirements may not embrace subjects not

			directly pertinant to Training and Competency in the

			handling and use of firearms. Specifically, they shall

			not include a study of case law or legislation

			pertaining to the use of lethal force in self-defense.

			Such requirements would create a resonable impression

			that this training qualifies the applicant for Law

			Enforcement duties. The sole objective of the training

			required herein is to enable the Citizen to defend

			themselves, their family, & etc.

		    (d) Congress shall have power, by two-thirds majority vote,

			to change particulars to the training requirements. This

			stringent limitation is deemed consistant with

			recognizing that the Right to Keep and Bear Arms, being

			explicit in the Bill of Rights, shall never suffer more

			Governmental controls or limitations than what

			regulation is absolutely necessary.



(This is a little obvious, no?)



The worst thing is disinformation and newbie ignorance. Train to these things

and you are likely to CONVERT the (currently) un-involved and un-decided (the

Anti-Gun will, for the most part, not attempt to qualify themselves to do

something against their inclunations) to the "guns are OK, HCI et. al. are

bolognamongers" camp. THEREIN lies permanent victory. Think upon "Those

Irresponsible Weirdos with their flying machines/horseless carriages".

We have a mental revolution to perform.





	    Section 1.4: Assignment of Responsibility for Oversight of the

		    Qualification of Instructors.



		Section 1.4.1: The power of the Federal Director of Civilian

		    Marksmanship relative to this Act. Invitation to the States

		    to designate a State Director of Civilian Marksmanship.

		    (a) Upon submission of proof of successful completion of the

			Standard of Small Firearms Training and Competency to

			the Federal Director of Civilian Marksmanship within

			thirty (30) days of completion of the Course of

			Training, a Certificate attesting same shall be issued

			by the Director of Civilian Marksmanship to the Citizen

			within sixty (60) days.

		    (b) This Certificate shall be valid for 3 years from the

			date of issuance.

		    (c) The director of Civilian Marksmanship shall have power

			to issue Certificates of Qualification to train

			Citizens as described in this Act.

		    (d) Such Certifications of Qualified to Instruct shall be

			valid for three years from issuance.

		    (e) The Director shall also have authority to delegate this

			power to whom is deemed fit to do so by the Director.

		    (f) Such Certifications of Qualified to Issue Certificates

			of Qualified to Instruct shall be valid for three years

			from date of issuance.

		    (g) The States are all invited to designate a Director of

			Civilian Marksmanship for Citizens within their State,

			and to empower these directors with the same powers

			granted to the Federal Director of Civilian

			Marksmanship by the Federal Government.



		Section 1.4.2 Failure to Perform by the Federal Director of

			Civilian Marksmanship. Failure to perform by the State

			Directors of Civilian Marksmanship.

		    (a) In the event that the Federal Director of Civilian

			Marksmanship fails discharge the duties described in

			this act in a timely and fair fashion, these duties and

			powers shall be inherited by the State Directors of

			Civilian Marksmanship.

		    (b) In such case as described in (a) above, and in the

			event that there is no State Director of Civilian

			Marksmanship, or if the State Director fails to

			discharge the duties described herein in a fair and

			timely fashon, the authority to qualify Citizens and

			to issue valid Certificates of Qualification to

			Citizens shall be assumed by the Citizens themselves,

			directly. This is in keeping with the fact that the

			right to Keep and Bear Arms arises from the People,

			not from the Federal or State Governments, and that

			the Federal and State governments have no power beyond

			regulating the Training of the Citizens with an eye

			towards keeping the Unorgainzed Militia

			"Well-Regulated".



(It would be a shame for all this to go through and then die by the killing of

the DCM, NO?)



	    Section 1.5: Publication of the Standard.

		The Director of Civilian Marksmanship shall publish the

		    Standard.

**Physical and Electronic, ASCII and HTTP, FTP accessible.



	    Section 1.6: Non-Pre-emtion of State Standards of Training.

		Conflicting Standards.

		Section 1.6.1: States Rights to Establish Standards.

		    Individual States may establish their own standard of

		    Training and Competency, which may not be more strict than

		    the Federal one. In such case the Citizens of that State

		    shall enjoy the option of qualifying under the Standard of

		    their State, or under the Federal Standard.

		Section 1.6.2: States Rights to Issue Certificates

		    The Authority of the Federal DCM to issue Certificates

		    described in this Act shall not be construed as denying the

		    State a right to issue such a Certificate to its' Citizens

		    upon their completing of that States qualifications.

		Section 1.6.3: Full Faith and Credit.

		    Every State shall honor the Certificate as described in

		    Section 1.6.2 of this Act which is issued in other States,

		    providing the Standards of Training of the issuing state

		    are as stringent as the Standard of the honoring State.

		    Since no State may establish a standard more stringent than

		    the Federal one published by the DCM, all States shall

		    honor Certificates issued by the DCM. States may elect to

		    honor the Certificates issued in other States upon

		    standards less strict than their own.



(Constitutional Q: Has Congress the power to train the Militia? That is what

this whole sheebang rests upon.)



	    Section 1.7: Value and Efficacy of the Certificate of Competion of

		the Standard of Small Firearms Training and Competency.

		(a) Upon presenting the Certificate defined in this Act by the

		    Qualified Citizen, to the Governor of their State, by

		    filing a faithful copy thereof with the Registrar of Voters

		    of that State, such individuals shall be considered legally

		    entitled to thereafter Keep and Bear Arms upon their

		    person in all their doings and in all their goings about,

		    on their private property, on private property where they

		    and their arms are welcome, and in all areas generally open

		    to the general public, without regard to the size,

		    concealedness, concealability, state of loadedness and

		    readyness for immediate use, or position upon or near their

		    person, of their lawfully owned Small Firearms.

		(b) This Certificate and the attendant Entitlement shall be

		    valid thruout the United States, including any and all

		    States, Territories and Posessions.

		(c) No person, regardless of their official current or past 

		    employment, who cannot meet the Competency and Training

		    Standard, shall have a right to keep and bear firearms

		    upon their person in public.

		(d) The merit and justification of this section is in answer

		    to the language of the Second Amendment, "Well-Regulated"

		    which, in the language of the Author, means well-equipped,

		    and well-trained.

		(e) This Certificate is in no wise transferrable. Each person

		    wishing to enjoy the value thereof must qualify for

		    themselves personally.

		(f) In the event that the Registrar of Voters refuses to take

		    notice of the Certificate, the Right to Carry enjoyed upon

		    completion of the Training shall still be in full force.



This whole section is here to define "RKBA" and "Well-Regulated" as seen in

the Second Amendment.



There is a 10th Amendment Q here: Requiring the Registrar of Voters (State

Critter) to pay attention to this (Federal) thing...



Another Q: If the "Shots at Range and Scores" is differentiated for handgun vs

rifle vs shotgun vs blackpowder, does the Cert show what you have qualified in?

This would act to encourage people to qualify with all 4 types, increasing the

groundbase of satisfied users.



Another Q: Some people get real itchy about guns in Hospitals, Court Houses,

Schools, Stores-that-do-not-welcome-them, etc. How to resolve?



(NOTE WELL that the comments on the mailing list here that a law requiring the

States to honor one-anothers' CCWs are somewhat convincing (to me).

If this National CCW concept cannot be made "bullet proof", mayhaps

the alternate route shoudl be taken: Applying Article IV Section 1 to CCWs

issued by the various States, requiring California, my home State, to recognize

Nevada-issued CCWs. This merits exploration. It would doubtless be less text!)



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