LGC 5.2. - Amendment to the FF Act - STATUTE

[Utah Neolib]

Amendment to the FF Act

Title 9, Section 4 of the Consolidate Laws of Lincoln Omnibus Act is amended as follows:

Section A: Classifying

A Gun License shall be required to purchase, sell, or possess a gun in Lincoln.

b. License types.

There shall be the following categories of gun licenses
1: Class A, for rifles and shotguns; and
2: Class B, for Class A weapons and handguns.

Section C: Renewal

An individual shall be required to renew their Gun License every 3 years.

Section D: Suspension

An individual's Gun License may be temporarily or permanently suspended by the court as a result of a criminal conviction relating to the violation of this Act, a violation of another gun law, the use of a gun in a crime, a crime involving bodily harm, or domestic violence.

Section E: Requirements

An individual shall apply at a at a drivers license facility to get or renew a Gun License, where they shall
1. undergo a universal comprehensive background check;
2. not have been adjudicated as a mental defective or committed to a mental institution by a court, pass a mental health test issued by a licensed psychologist, if they have a history of mental health issues.
3. show proof of passing a gun training and safety course at a drivers license facility or on a drivers license facility website; and
4. pass a gun safety exam at such drivers license facility.

Section F: Driver's licenses facility

The Bureau of Firearm Safety and Licensing shall provide to drivers license facilities the necessary courses for gun training and safety, accessible both
1: at the drivers license facility; and
2: online.

Section G: Waiting period.

An individual shall not receive a gun license for the first time no sooner than one week (168 hours) after applying for one.

Section H: Failure to comply.

An individual that shall violate Subsection (a) may face the following penalties at the discretion of the court
1: a fine not exceeding $100,000; or
2: a term of imprisonment of no more than 10 consecutive years.
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Title 9, Section 6 of the Consolidate Laws of Lincoln Omnibus Act is amended as follows:

Section A ll: Bans

No individual shall purchase, sell, or possess
1: bump stocks;
2: suppressors;
3: magazines that hold more than 10 rounds of ammunition; and
4. assault weapons, defined as semi-automatic rifles and semi-automatic shotguns.
5: folding or collapsible stocks
6. bayonet lugs
7. threaded barrels
8. grenade launchers
9. barrel shrouds

Section B ll Penalties

An individual that purchases or sells, or possesses one or more of the devices in Subsection (a) may face the following penalties at the discretion of the court
1: a fine not exceeding $100,000; or
2: a term of imprisonment of no more than 10 consecutive years.


c: The Police shall also be subject to these restrictions, with the inclusion of Special force operations as well as SWAT teams. counterterrorism units shall be exempt.

Title 9, Section 8 of the Consolidate Laws of Lincoln Omnibus Act is amended as follows:

Any individual who is convicted of a crime involving the use of a gun any gun related offense, including any gun related crimes or possession of an illegal firearm may have any guns or gun accessories in the individual's possession permanently confiscated by Lincoln at the discretion of the court.

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Sponsor: Utah Neolib
Slot 3

[Utah Neolib]

This bill will make our communities safer.
Our children live in fear of school shootings.
This bill will help make us safer and make us a better place to live.

[Brother Jonathan]

Correct me if I am wrong, but the only difference that I can see between this proposal and the one introduced last session is the absence of the 'demonstrated need' provision. While I am thankful that the sponsor recognizes how wrongheaded that provision was, I am still opposed to this amendment for two primary reasons.

One, I think the provisions of clause 2 of section E are remarkably vague, to the point that I question how they could be made workable without a considerable legislative effort independent of the main thrust of this bill. How, for example, are we to ascertain that an individual has a history of mental health issues? Hospitalization records perhaps? What about visits to psychologists, or a prescription for anti-depressants? Maybe we will simply ask the police—or whoever is tasked to determine as a matter of fact seemingly without a reasonable process for timely appeal outside of costly legal proceedings—to turn over every rock hunting for any sign that the applicant has such a history. This proposal does not define who is to undertake these tasks, who is to declare that an individual has a history of mental illness, and what actually constitutes such a history. Should we just leave it to the courts to decide, and require them to do the actual work of clarifying this statute? Further, what sort of "test" shall those marked by this Byzantine process be subject to? Shall we sit our Josef K. down with a psychologist for an interview, or should he be handed a piece of paper at the DMV to answer some hundred items mental assessment created by—and intelligible only to—a trained professional? Which raises another point, who is to create the test? Those who issue the gun licenses, professional psychologists, firearms experts, some odd amalgamated committee of all three that is asked to oversee the whole process from start to finish? It is tempting to outsource all of this, to place our faith in the mass of the already overworked civil servants tasked with administering these programs, but we really cannot forget the human element here, especially when we risk creating a convoluted and ill-defined process for dealing with that most sensitive of matters, mental health. Barring significant work on our part to clearly define the terms and processes involved, this section alone makes me entirely unwilling to support this bill. Perhaps, it might be objected, it would be too much to expect such standards to be legislatively created. Fine, I respond, but then perhaps we shouldn't be adopting such standards when we ourselves are unable to make heads or tails of the whole process. It is one thing to leave the particulars to the civil service, and quite another to ask them to do the whole thing without so much as a directing glance. Without even considering the further restrictions imposed, in addition to the draconian ones already in place, I simply cannot support the bill with this section as it is. I can suggest, however, that the sponsor may find it fruitful to simply revert to the prior wording which of this section, while also imperfect, is not likely to cause anywhere near so much damage and can be rather easily made more equitable.

Second, I simply stand on something of my own personal bailiwick to say that I firmly believe we should be reducing the armaments available to SWAT units in Lincoln and that we should be working to demilitarize the police more generally. Local and state police maintain, and would under this legislation continue to maintain, quasi-military units armed to the teeth with heavy weapons and armored. In the vast majority of cases, this is nothing but the result of a desire to take advantage of programs designed to encourage the development of such units, even where there is seemingly no need for them. But where equipment is cheap, and its purchase encouraged, then a need is always to be found close at hand. I of course recognize the need for SWAT teams, but your average, small-town police department has no need for such militarized units, and we should not allow them to proliferate. By placing these restrictions on local police departments, which is only fair, without restricting their power to create SWAT teams, seems to create something of a large loophole that invites even the smallest jurisdiction to create some sort of special program to hang on to its most advanced and militarized equipment. We ought to create clear guidelines for such programs and create guidelines for the creation of special units allowed to carry such hardware, rather than simply allowing SWAT units to pop up in our communities and further drive a wedge between the police and those they serve.

[KaiserDave]

Brother Jonathan is right, of course. I think we've held the same position more often than I've had with any other deputy.

[S019]

I wholeheartedly endorse this proposal, and I urge the General Court to pass this, especially given the likelihood of mass gun legalizations likely to pass at the federal level.

[Utah Neolib]

Amendment to the FF Act

Title 9, Section 4 of the Consolidate Laws of Lincoln Omnibus Act is amended as follows:

Section A: Classifying

A Gun License shall be required to purchase, sell, or possess a gun in Lincoln.

b. License types.

There shall be the following categories of gun licenses
1: Class A, for rifles and shotguns; and
2: Class B, for Class A weapons and handguns.

Section C: Renewal

An individual shall be required to renew their Gun License every 3 years.

Section D: Suspension

An individual's Gun License may be temporarily or permanently suspended by the court as a result of a criminal conviction relating to the violation of this Act, a violation of another gun law, the use of a gun in a crime, a crime involving bodily harm, or domestic violence.

Section E: Requirements

An individual shall apply at a at a drivers license facility to get or renew a Gun License, where they shall
1. undergo a universal comprehensive background check;
2. not have been adjudicated as a mental defective or committed to a mental institution by a court, pass a mental health test issued by a licensed psychologist, if they have a history of mental health issues. [/b]
3. show proof of passing a gun training and safety course at a drivers license facility or on a drivers license facility website; and
4. pass a gun safety exam at such drivers license facility.

Section F: Driver's licenses facility

The Bureau of Firearm Safety and Licensing shall provide to drivers license facilities the necessary courses for gun training and safety, accessible both
1: at the drivers license facility; and
2: online.

Section G: Waiting period.

An individual shall not receive a gun license for the first time no sooner than one week (168 hours) after applying for one.

Section H: Failure to comply.

An individual that shall violate Subsection (a) may face the following penalties at the discretion of the court
1: a fine not exceeding $100,000; or
2: a term of imprisonment of no more than 10 consecutive years.

Title 9, Section 6 of the Consolidate Laws of Lincoln Omnibus Act is amended as follows:

Section A ll: Bans

No individual shall purchase, sell, or possess
1: bump stocks;
2: suppressors;
3: magazines that hold more than 10 rounds of ammunition; and
4. assault weapons, defined as semi-automatic rifles and semi-automatic shotguns.
5: folding or collapsible stocks
6. bayonet lugs
7. threaded barrels
8. grenade launchers
9. barrel shrouds

Section B ll Penalties

An individual that purchases or sells, or possesses one or more of the devices in Subsection (a) may face the following penalties at the discretion of the court
1: a fine not exceeding $100,000; or
2: a term of imprisonment of no more than 10 consecutive years.


c: The Police shall also be subject to these restrictions, with the inclusion of Special force operations as well as SWAT teams. counterterrorism units shall be exempt.

Title 9, Section 8 of the Consolidate Laws of Lincoln Omnibus Act is amended as follows:

Any individual who is convicted of a crime involving the use of a gun any gun related offense, including any gun related crimes or possession of an illegal firearm may have any guns or gun accessories in the individual's possession permanently confiscated by Lincoln at the discretion of the court.

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(If there are any objections to the amendment, please state them!)

[beesley]

This bill has my full support, and if it fails I would happily work with the sponsor to make progress on this issue.

[S019]

Given the unfortunate passage of the assault weapon ban repeal on the federal level, I urge the Council to move to protect Lincolners from the scourge on gun violence.

[Joseph Cao]

Given the unfortunate passage of the assault weapon ban repeal on the federal level, I urge the Council to move to protect Lincolners from the scourge on gun violence.

“repeal”

Ironic for someone who complains endlessly about other people not reading bills.

[Joseph Cao]

In any case, and this goes for bill advocation in general, if the sponsors or supporters of this bill are able to point out exactly how every section is justified they should certainly do so. I'm seeing a rather glaring lack of it at present.

[S019]

Given the unfortunate passage of the assault weapon ban repeal on the federal level, I urge the Council to move to protect Lincolners from the scourge on gun violence.

“repeal”

Ironic for someone who complains endlessly about other people not reading bills.

Facts do not care for your feelings, I never said a full repeal, I just said repeal. The bill that was passed objectively is a repeal. Mind you, said bill literally legalized the guns used in the IRL Michigan shooting.

[Utah Neolib]

I would’ve said a more passionate case but national Senator S019 has made a pretty good case for this bill in my opinion.

[Utah Neolib]

Motion for a final vote

[GregTheGreat657]

Nay

[Utah Neolib]

Aye

[beesley]

Aye

[Brother Jonathan]

Nay

[Sirius_]

Aye

[Utah Neolib]

Passes 3-2, waits for governors signature or veto

[KaiserDave]

I agree with most of the proposals here, but Brother Jonathan is right, this will place a massive and unnecessary burden on civil servants. Vetoing this. Just slash part 2 of Section E.

[Utah Neolib]

Amendment to the FF Act

Title 9, Section 4 of the Consolidate Laws of Lincoln Omnibus Act is amended as follows:

Section A: Classifying

A Gun License shall be required to purchase, sell, or possess a gun in Lincoln.

b. License types.

There shall be the following categories of gun licenses
1: Class A, for rifles and shotguns; and
2: Class B, for Class A weapons and handguns.

Section C: Renewal

An individual shall be required to renew their Gun License every 3 years.

Section D: Suspension

An individual's Gun License may be temporarily or permanently suspended by the court as a result of a criminal conviction relating to the violation of this Act, a violation of another gun law, the use of a gun in a crime, a crime involving bodily harm, or domestic violence.

Section E: Requirements

An individual shall apply at a at a drivers license facility to get or renew a Gun License, where they shall
1. undergo a universal comprehensive background check;
2. not have been adjudicated as a mental defective or committed to a mental institution by a court, pass a mental health test issued by a licensed psychologist, if they have a history of mental health issues.
3. show proof of passing a gun training and safety course at a drivers license facility or on a drivers license facility website; and
4. pass a gun safety exam at such drivers license facility.

Section F: Driver's licenses facility

The Bureau of Firearm Safety and Licensing shall provide to drivers license facilities the necessary courses for gun training and safety, accessible both
1: at the drivers license facility; and
2: online.

Section G: Waiting period.

An individual shall not receive a gun license for the first time no sooner than one week (168 hours) after applying for one.

Section H: Failure to comply.

An individual that shall violate Subsection (a) may face the following penalties at the discretion of the court
1: a fine not exceeding $100,000; or
2: a term of imprisonment of no more than 10 consecutive years.
[/b]

Title 9, Section 6 of the Consolidate Laws of Lincoln Omnibus Act is amended as follows:

Section A ll: Bans

No individual shall purchase, sell, or possess
1: bump stocks;
2: suppressors;
3: magazines that hold more than 10 rounds of ammunition; and
4. assault weapons, defined as semi-automatic rifles and semi-automatic shotguns.
5: folding or collapsible stocks
6. bayonet lugs
7. threaded barrels
8. grenade launchers
9. barrel shrouds

Section B ll Penalties

An individual that purchases or sells, or possesses one or more of the devices in Subsection (a) may face the following penalties at the discretion of the court
1: a fine not exceeding $100,000; or
2: a term of imprisonment of no more than 10 consecutive years.


c: The Police shall also be subject to these restrictions, with the inclusion of Special force operations as well as SWAT teams. counterterrorism units shall be exempt.

Title 9, Section 8 of the Consolidate Laws of Lincoln Omnibus Act is amended as follows:

Any individual who is convicted of a crime involving the use of a gun any gun related offense, including any gun related crimes or possession of an illegal firearm may have any guns or gun accessories in the individual's possession permanently confiscated by Lincoln at the discretion of the court.

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(Part 2 of Section E has been slashed.)

[beesley]

I will still support the bill in its amended form.

[Utah Neolib]

The amendment has been adopted after 24 hours without an objection.


Motion for a final vote

[Utah Neolib]

Forgot to do the vote yesterday, aye on the new amended bill

[beesley]

Aye

Forgot to do the vote yesterday, aye on the new amended bill

At what point does a motion to vote pass?