Black Crawling Systems Archive Release 1.0/Black Crawling Systems Archive Release 1.0 (L0pht Heavy Industries, Inc.)(1997).ISO/tezcat/Guns/CCW_Act.txt

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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: [e-mail] (Brian T. Brunner)
To: [e-mail], [e-mail], [e-mail]
Subject: CCW.act.1
Message-Id: <[e-mail]>

(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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