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L. Neil Smith's
THE LIBERTARIAN ENTERPRISE
Number 716, April 14, 2013

The "Don't ask, don't tell" style of concealed carry


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Regarding the "Toomey Compromise" and the Victim Disarmament Agenda: An Open Letter to the Senate
by Jim Woosley
Jimwoosley@aol.com

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Attribute to L. Neil Smith's The Libertarian Enterprise

As regards:
http://www.toomey.senate.gov/?p=press_release&id=968
http://www.ammoland.com/2013/04/16-republicans-vote-to-move-forward-on-gun-control/#axzz2QM014n1Y

I have just submitted the following to Shelby, Sessions, Paul, Cruz, and Lee's online forms...

I suggest you do the same at www.senate.gov

Note in particular at item 1, the Toomey bill says "Congress supports and reaffirms the existing prohibition on a national firearms registry." and Nothing in this title, or any amendment made by this title, shall be construed to—

(1) expand in any way the enforcement authority or jurisdiction of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; or

(2) allow the establishment, directly or indirectly, of a Federal firearms registry.

This text as written just fits the 4000 character limitation on the web forms.

In reference to the Public Safety And Second Amendment Rights Protection Act introduced by SEN Toomey and SEN Manchin yesterday, the following amendments to this and other victim disarmament bills under consideration in the Senate are suggested for your consideration.

1. This Act specifically prohibits the creation of a National Firearms Registry or the collection and/or maintenance of any information identifying legal owners of firearms by any agent or agency of the United States.

2. The right to keep and bear arms being an individual right, no individual shall be denied this right based upon mental health or competency, without a separate judicial determination at a hearing which said individual shall be entitled to attend and to defend him or herself. In particular, current or former prescription of any medication for psychiatric treatment shall not by itself provide justification for denial of the right to keep and bear arms. In exception, a hold on the right to purchase weapons for a period of not more than seven days may be established by the presiding Judge pending such hearing, should a licensed medical professional or law enforcement officer offer the opinion that said person may pose an immediate danger to any person or persons. The national instant background check system shall be prohibited from listing any individuals identified by the States without evidence of such judicial determination.

3. No individual shall be listed in the national instant background check system for more than five years following their initial listing, except for conviction of a crime of violence with or without a firearm, other than by periodic judicial review of said individual's record of non-violent crime or mental health treatment.

4. The possession of a firearm or firearms, absent evidence of intent or of illegal use of said firearm(s), shall not be considered a crime of violence for the purposes of listing in the national instant background check system.

5. Cohabitation, through marriage or bonds of friendship, with an individual listed on the national instant background check system shall not construe justification for the listing of the cohabiting individual or the denial of their right to keep and bear arms.

6. The United States may not assist any State in the imposition of restrictions more stringent than those provided herein.

7. Any employed or contracted agent of the United States, acting to collect or maintain information identifying legal individual owners of firearms or any legal transfer of ownership of firearms, or to assist any State in imposing restrictions not authorized herein, shall, upon discovery, be subject to administrative punishment up to dismissal for negligent or willful action, as well as to civil liabilities payable to each affected individual in the amount of not less $100,000 per individual per incident (doubled for negligent or willful action). The Agency or Department employing said agent shall be separately liable for an amount of not less than four times the civil penalty accruing to said agent; shall be liable for legal fees and court costs; and shall pay any liabilities assessed against their agent if he or she is not able to pay. Supervisory personnel of each agent at all levels up to and including the relevant Secretary shall be likewise liable for their personal complicity or negligence in each incident, and complicit elected officials may be impeached. No separate funding being available, any such payments shall be assessed against the agency's annual personnel budget. For the purposes of this provision, "contracted agent" includes: communications and data service companies providing services to the United States or its agencies and employed agents, excepting maintenance of voluntarily disclosed public data; and, State personnel with access to State Firearms Registries, Concealed-Carry Lists, and State criminal or mental health data bases not authorized for transfer by this provision.

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