On Guns: Time for Training & Accountability

Nothing screams lack of training and accountability like the recent video showing Mark and Patricia McCloskey, two attorneys living in St. Louis, Missouri, brandishing a pistol and AR-15 outside their home as group of citizens on a Black Lives Matter march passed in front of their mansion.

With their fingers on the trigger and pointing their weapons at passersby and, at several moments, at each other, they are the poster children for the need for mandatory training and accountability for those who desire to own firearms.

This type of instruction must be mandated, along with the purchase and registration of the firearm before more Americans die as a result of lack of training and accountability.  I would call it the Americans for Life Act.  And, I think it should be the first item for business of the 117th Congress due to meet on January 3, 2021.

I propose the House version look and read something like this:

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117^th Congress

   1^st Session

H.R. 1

To amend Title 18, United States Code, to provide American citizens protection for life, liberty, and the pursuit of happiness.  To be known as the Americans for Life Act.

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In the House of Representatives

January 3, 2021 

Ms. Jane Doe introduced the following bill which was referred to the House Committee on the Judiciary.

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A.  This bill does not, and shall not be construed to, limit the rights of any citizen regarding the ownership of a pistol, rifle, or shotgun (hereinafter referred to as arms and defined below) guaranteed under the 2^nd Amendment to the Constitution of the United States of America.

B.   The United States of America declared in its formal Declaration of Independence, and declares by its very existence, that every citizen has a right to life, liberty, and the pursuit of happiness.

C.    In order to assure that both the right to bear arms and the right to life, liberty, and the pursuit of happiness coexist, the following shall be the law:

1.   All arms sold, traded, bartered, or gifted within the borders of the United States; imported into the United States; or exported from the United States, shall bear a stamped registration number.  No two registration numbers may be the same for any type of arm (defined below).  These registration marks may be a combination of numbers and capital letters as required, similar to that of Vehicle Identification Numbers utilized for the identification of individual motor vehicles, for example 123456VIN78USA90F.  No arm may exist without a registration number unless said arm was built without a number prior to the year 1789.

2.    For purposes of this bill an arm includes: Pistol, which shall be defined as a small firearm designed to be held with one hand whether one single round or multiple round, revolver or automatic.  Rifle, which shall be defined as a long firearm, especially one fired from shoulder level, having a long spirally grooved barrel intended to make a bullet spin and thereby have greater accuracy over a long distance either one shot at a time, semi-automatic or fully automatic.  Shotgun, which shall be defined as a smooth bore firearm for firing small shot at short distance.

3.  Any person residing or traveling within the United States must register each arm in possession by providing their legal name, address, social security or tax information number, and the registration number of each individual arm owned or used by the individual.  These records shall be kept electronically by the Bureau of Alcohol, Tobacco and Firearms (hereinafter referred to as the ATF). 

4.   It shall be the sole responsibility of the owner of the arm(s) to update their individual registration file regarding registration numbers, and/or current address.  The ATF shall make this registration capable of being initiated and/or updated electronically. Included in the information on file shall be the exact location where the registered arm is housed daily.  Failure to update the ATF regarding arms, registration numbers, and locations on an annual basis may result in forfeiture of said arms to the ATF for destruction.

5.    Any person residing within the United States who owns or uses any type or size of arm shall be required to receive no less than four hours per month of instruction on the use and storage of said arms.  This instruction shall include at least four hours per annum of live classroom and firing range instruction on the proper use of arms with at least two of those hours consisting of target shooting during which the owner must show proficiency of at least 80% of shots piercing the bullseye of the target provided.  A certified copy of these targets shall be filed with the ATF as proof of instruction and proficiency. 

6.     Instruction may be provided by any person licensed and/or trained by any branch of the United States military (hereinafter referred to as Military) or under the auspices of the ATF.  Said instructors shall be licensed for this purpose only.  Said license shall be renewed on a regular basis in order to maintain proficiency.  The cost of said license shall be $250 and renewed every 2 years.  These persons shall be known as United States Firearms Instructors (hereinafter referred to as USFI).  Only a qualified and licensed USFI may provide the necessary training for persons owning or using arms in the United States.  In order to qualify as a USFI a person must have received a minimum of 100 hours of firearms instruction and must possess a record clear of any criminal or civil complaints or convictions.  USFI shall be required to undergo 4 hours of instruction on a monthly basis to maintain their license at renewal.

7.    Any person within the borders of the United States, who cannot prove they have received training from a licensed USFI, as noted above, shall be in violation of the law and, upon notice, shall transfer all arms in their possession to a United States Firearms Instructor.  If, within 30 days, the person whose arms have been confiscated does not mitigate the necessary training to own or possess or use arms, those arms shall be given by the USFI to the ATF for destruction of said arms within 30 days.  For purposes of this Bill destruction shall mean the complete dismantling and crushing or melting rendering the arm unusable and unrecognizable.

8.     Any person residing or traveling within the United States who legally possesses or uses arms with the borders of the United States is responsible for the security of said arms.  Unless the arms are in active use, for example being used to practice on a firing range, the arms must be stored in a locked safe along with any ammunition for said arms.  These safes shall be constructed of tamper proof metal and shall be in any location where arms are present, for example home, office, barns, outbuildings, apartments, automobile, truck, van, recreational vehicle, mobile home, aircraft, boat, or any other location of residence, work, or travel.

9.     No arm may be carried into any establishment that sells or distributes alcohol or drugs.  An exception shall exist for the owner of said establishment to possess a registered arm for self-protection provided there is a safe on site for the secure deposit of the arm and its ammunition at the location and it is utilized at all times.

10.  Ammunition shall be defined as any bullet, ball, or shell.  No arm shall be capable of carrying a magazine, clip, chamber or revolving cylinder that can hold more than 15 individual rounds of ammunition.  All magazines, clips, revolving cylinders, or chambers allowing more than 15 individual rounds of ammunition to be carried in a single arm shall be illegal to possess, sell, distribute, or manufacture.   No device may be attached to any arm allowing the attachment of more than one magazine, clip, revolving cylinder, or chamber that would allow more than 15 rounds of ammunition to be fired without reloading the arm.  No device may be added to the arm to change the arm from user being required to fully pull the trigger one time to fire each single round of ammunition.  No fully automatic arm or device added to the arm to allow or imitate an automatic arm shall be allowed under this Bill.

11.  No arm designed to emulate or appear to be a military weapon, either past or present, shall be manufactured or distributed within the United States of America.

12.  No toy arm may be manufactured or distributed within the United States of America that emulates or appears to be a legitimate arm of any type.  All toy arms manufactured or distributed in the United States shall be bright safety orange in color to assure they are not mistaken for a real arm.

13. Violations of any section of this law shall be a violation of the entire law.  A first-time violation of this law shall require the ATF to confiscate the firearms owned or used by the violator.  If the violation is not mitigated within 30 days of notice and confiscation, the ATF may destroy said arms.  If the violation is mitigated, for example the arms are registered with the ATF in the electronic data system, the arms may be returned to the person in violation.  A second violation of this law, if not mitigated within 30 days, shall require the ATF to confiscate the weapons and collect a fine of $1,000 for each arm in violation.  If the violation is mitigated, the arms may be returned to the violator.  The fine shall remain.  A third violation of this law shall not be mitigated for any reason.  A fine of $2,500 shall be required for each arm in violation and all arms in the possession of the violator shall be confiscated and destroyed by the ATF.

14. Any person residing in the United States who owns or is in possession of arms that are without existing registration numbers may provide those weapons to a licensed USFI who shall have the means necessary to stamp the weapon with a registration number acceptable to the ATF.  This task must be completed within six months after the effective date of this Bill. 

15.  Any person residing in the United States who owns or is in possession of arms that the person does not wish to register may give that weapon to a licensed USFI who shall give that arm to the ATF for destruction.  For each working arm provided to the USFI under this program, the person giving up possession shall receive $500 per arm in U.S. currency delivered on a pre-paid debit card.  This task must be completed within six months after the effective date of this Bill. 

16.  Any person who fails to register any arm in their possession within six months of the effective date of this Bill shall be found to be in violation of the Americans for Life Act with the penalty that all arms in their possession shall be forfeited to the ATF for destruction and a $1,000 fine per arm shall be rendered.

17.  Any person violating the storage requirements of this Bill shall be found to be in violation of the Americans for Life Act with the penalty that all arms in their possession shall be forfeited to the ATF for destruction and a $1,000 fine per arm shall be rendered.