Forums

[ferrets_bueller]

In anger about one of the earlier mass slaughters, I sat down at a computer and drafted a response to Scalia's butchery of the Second Amendment. I am a litigator, not someone who knows the first thing about legislative draftsmanship. So the following is really just a framework for somebody who actually knows how to draft legislation, that sticks it to the imbeciles who wave the Second Amendment like a rationale for mass murder that can't be helped. It is not well thought out, but you will get the gist. Indeed I may have posted this here before, long ago.


The National Well Regulated Militia Act of 2008

Whereas, the Second Amendment to the Constitution states that “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.” and

Whereas, Americans justly consider their Second Amendment rights to be essential to the defense of liberty and freedom, and

Whereas, since the attack on the United States on September 11, 2001, the Armed Forces of the United States, having been sorely tested and, despite a valiant effort by our men and women at arms, are in need of relief, and

Whereas, armed individuals, who may or may not be citizens of the United States, have committed acts in this nation which indicate the need for training and discipline in the use of weaponry, and

Whereas, individual legislation by the several states has not been effective to either prevent the illegal use of weaponry or to establish a well regulated militia, nor is it possible for any state to do so, given the ease of travel and transportation between the several states, and

Whereas, the Supreme Court has determined in District of Columbia v. Heller that individuals are permitted to own weapons without regard to local or state law to the contrary,

Now therefore, the following statute shall be enacted by the Congress of the United States.

Section 1. The National Well Regulated Militia Act.

This act shall be known as the National Well Regulated Militia Act.

Section 2. Establishment of the National Militia.

(A) There is hereby created a National Militia.

(B) The National Militia shall report to the Chairman of the Joint Chiefs of Staff of the Armed Forces of the United States (hereafter, “Chairman”).

(C) The Chairman may, in his discretion assign such other individuals of the Armed Forces of the United States as the Chairman deems necessary to the National Militia to supervise the National Militia .




Section 3. Membership in the National Militia.

(A) All persons within the United States owning or possessing any object falling within the definition of the term “arms” within the meaning of the Second Amendment to the Constitution are hereby, without further action on the part of any individual, members of the National Militia.

(B) All members of the National Militia shall, within 90 days of the enactment of this statute, report to the United States Post Office nearest their place of residence to enroll their names in the rolls of the National Militia.

(C) All persons who are not currently members of the National Militia pursuant to subsection (A) of this section, but who become members of the National Militia by virtue of new ownership or possession of “arms” shall report to the Post Office nearest their place of residence and enroll their names in the rolls of the National Militia within 3 days of becoming a member.

(D) Any member of the National Militia who transfers ownership or possession of arms may do so only to a member of the National Militia who has been enrolled pursuant to subsection (B) or (C).

(E) Any member of the National Militia who ceases to be a member by virtue of cessation of ownership or control of “arms” shall immediately inform the Chairman or the Chairman’s designee.

(F) Each member of the National Militia shall report for training, with all “arms” within their ownership or control, to the military facility designated for that member of the National Militia by the Chairman at a time and place determined by the Chairman.

Section 4. Service in the National Militia.

(A) All members of the National Militia shall serve two years active duty service at the discretion of the Chairman.

(B) Members of the National Militia who are concurrently serving in the Armed Forces of the United States, although required to register as members of the National Militia, are exempt from the service described in subsection (A) of this section.

(C) Members of the National Militia who have served two years or more on active duty in the Armed Forces of the United States, although required to register as members of the National Militia, are exempt from the service described in subsection (A) of this section.


(D) All members of the National Militia shall be solely responsible for the “arms” owned or possessed by the respective members. Such arms must be secured, to the satisfaction of the Chairman, so as to absolutely prohibit the use of the arms by any person who has not complied with the provisions of Section 3 of this statute.


Section 5. Penalties.

(A) Failure by any member of the National Militia to comply with any registration or transfer of ownership provisions of Section 3 , or the service provisions of Section 4, shall be cause for immediate confiscation of “arms” in possession of the member, and such member shall be incarcerated for 10 years or until compliance is effected.

(B) Failure by any member of the National Militia to comply with the provisions of section 4(D) concerning securing arms in their ownership or possession shall be incarcerated for 10 years.

(C) Any member of the National Militia who fails to secure arms in their possession pursuant to section 4(D) shall be civilly liable to any person injured by use of the arms. The United States District Courts shall have exclusive jurisdiction over any civil lawsuit initiated pursuant to this subsection.

(D) The Bankruptcy Code is hereby amended to add a new section, to wit Section 523(a)(20) of the Bankruptcy Code, to exclude from discharge “any debt incurred pursuant to a judgment under subsection 5 (C) of the Well Regulated Militia Act.”


Section 6. Authority to Enact Regulations.

The Second Amendment to the Constitution contemplates a “well regulated militia”. The Chairman shall have the power to approve such regulations, consistent with this statute, as shall be appropriate to implement the provisions herein.