LGC 12.4 — Gun License Defense Act
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  LGC 12.4 — Gun License Defense Act
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Author Topic: LGC 12.4 — Gun License Defense Act  (Read 319 times)
ZMUN M441
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« on: February 24, 2023, 05:19:23 AM »

Quote
Mr. Dennis Millhouse, a citizen of the Region of Lincoln (for himself) proposes

A BILL

Ensuring that gun licensees are able to defend their licenses in courts of law.



SECTION I. BILL NAME

This bill may be known as the "Gun License Defense Act".  


SECTION II. DEFINITIONS

 (a) "Gun license" means any permit, license, or other authorization issued by a government agency allowing an individual to possess, carry, or use a firearm.

 (b) "Licensee” means the holder of a “gun license”.  

 (c) "Review” means any legal proceeding where a “gun license” is at risk of being suspended (either temporarily or permanently).


SECTION III. GENERAL FINDINGS

The General Court finds as follows:

 (a) Regional law allows for the temporary or permanent suspension of an individual gun license by local and regional courts of law (Section D of the “FF Act”; Title 9 Section 4 of the Consolidate Laws of Lincoln).  


SECTION IV. PROVISIONS

 (a) Any licensee may, upon review in a court of law, appear before the court in defense of the license.  

 (b) Nothing in this Act precludes making such a defense by telephone, virtual meeting session, or any other means which licensee and court mutually find to be appropriate.  

 (c) In all cases involving review, the court shall give notice (or reasonably attempt to give notice) of such to licensee within forty-eight (48) hours of scheduling such a review.  


SECTION V. SEVERABILITY

If any provision of this Act or its application to any person or circumstance is held invalid, the remainder of the Act or the application of the provision to other persons or circumstances shall not be affected.


SECTION VI. ENACTMENT

This Act shall take effect immediately upon its passage into law.

Occupying: Slot 4 of 10
Sponsor: Dwarven Dragon, on behalf of Dennis N. Millhouse
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Attorney General, Senator-Elect, & Former PPT Dwarven Dragon
Dwarven Dragon
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« Reply #1 on: February 24, 2023, 11:29:42 AM »

This is a simple bill that will allow the gun owner to be heard if their license is about to be suspended
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Pyro
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« Reply #2 on: February 24, 2023, 10:23:52 PM »

Per the Omnibus Act and subsequent legislation, gun license suspension is an act determined by a court proceeding, so I find it difficult to believe the licensee could be caught unawares. Is Section IV regarding an appeal to the suspension, or appearing in court during the initial hearing?
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Attorney General, Senator-Elect, & Former PPT Dwarven Dragon
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« Reply #3 on: February 24, 2023, 10:44:12 PM »

Per the Omnibus Act and subsequent legislation, gun license suspension is an act determined by a court proceeding, so I find it difficult to believe the licensee could be caught unawares. Is Section IV regarding an appeal to the suspension, or appearing in court during the initial hearing?

The language appears to prevent a court from denying the individual an opportunity to be heard during the initial hearing, not to allow additional appeals. While the FF Act does not necessarily preclude an individual from appearing, I am not sure that it actually guarantees one such an opportunity.
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ZMUN M441
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« Reply #4 on: February 27, 2023, 06:51:26 PM »

Motioning for a final vote.
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ZMUN M441
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« Reply #5 on: March 01, 2023, 02:25:17 AM »

A final vote on this bill has been initiated.



Aye
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Unpoisoned Chalice
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« Reply #6 on: March 01, 2023, 02:45:16 AM »

Aye.
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Pyro
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« Reply #7 on: March 01, 2023, 10:29:25 AM »

Abstain
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Attorney General, Senator-Elect, & Former PPT Dwarven Dragon
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« Reply #8 on: March 01, 2023, 11:50:54 AM »

Aye
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Vice President Christian Man
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« Reply #9 on: March 01, 2023, 02:45:49 PM »

Nay
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ZMUN M441
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« Reply #10 on: March 01, 2023, 04:38:47 PM »

LGC 12.4 passes, 3-1 with one Deputy abstaining.
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« Reply #11 on: March 04, 2023, 04:23:06 PM »

X Dwarven Dragon
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