Laws we need—to protect rights and limit government

Politically savvy power brokers have bags full of model legislation --
sample laws they draft themselves, that serve their interests,
and make it easy for legislators to introduce -- and enact.

To preserve, protect and defend the Constitution and the freedoms we cherish,
this is a page we should have in our play book.


These are already drafted. Some are already law.
Simply select one or two, and show them
to friendly legislators in your state.

They'll need to make clerical changes to suit your state,
and the crucial prinicples in the bills will be on their way.

Bring these to the attention of your state firearms association.

Learn more about being politically effective and your existing gun laws.

Constitutional Carry
It's time for "Freedom To Carry" to replace so-called "Right To Carry." The right to discreetly bear arms should not require a government-issued permission slip, taxes and an expiration date.

Gun-Free-Zone Liability Act
So-called gun-free zones are known to be dangerous, reckless and negligent, but private property rights allow a person to create one. If you create a dangerous make-believe gun-free zone, you should be liable for any harm it causes.

High School Marksmanship Act
An elective class worth one credit toward your High School Diploma, earned after you safely discharge a firearm at a target. "Educating kids on the constitutional roots of the right to keep and bear arms, and the role of firearms in preserving peace and freedom."

The American Historical Rights Protection Act
If a person has a gun, the person isn't a criminal, the gun isn't illegal, the place isn't a gun-free zone, and the person doesn't change the normal operation of the place, that is not a crime.

Protection of Private Property Act
Any legally owned private property may be kept in or on a means of transportation at any place the means of transportation may legally be.

Defensive Display
Warning an attacker that you're armed is now protected by law in at least Montana and Arizona. The warning can be verbal, a motion or reach, or presentation of a firearm in a way a person would understand is meant to protect against an assault.

The Firearms Freedom Act
Montana says a gun that's made in Montana, and stays in Montana, has no interstate-commerce-clause hook for federal regulation. Other states are joining them, Tennessee already has, so has Arizona. The feds don't like this one bit.

If we must have gun-buyer background checks to stop criminals, at least do it without compiling massive records on the innocent. A simple system called BIDS can do this, and at far far less cost than NICS.

Sunshine Gun Laws
Several dozen ideas in sound-bite size, as food for thought. You have to take some of these items with a grain of salt, because they are long shots (even funny!) at present, but some would sure help protect our rights. Ammo stamps for the indigent, so they can practice gun safety too.

Limited Immunity for 911 Emergency Reporting
If you have the right to remain silent, and the right to have an attorney present prior to and during questioning, why are you encouraged to call 911 after a self-defense incident and speak into a police voice recorder? You should have protection from having your traumatized statements used against you, and violating your Fifth Amendment right against self incrimination. This one is critically important to protect the innocent.

Enumerated Powers Act
Proposed for 16 years by my former Congressman, John Shadegg (CD-3, Ariz.), and ignored by Congress all that time, this requires every introduced bill to identify where in the Constitution such lawmaking is specifically authorized. Congress in late 2010 began taking it seriously. Every state should have such a law as well.

Teeth Clauses
It is not enough for a law to say government shall not do some particular act, such as, "Creating a central registry of gun owners is illegal." That's feckless and accomplishes nothing, allows government to run wild with no specified repercussions for bad actors. Laws must be written with teeth, thus: "Anyone who creates a central registry of gun owners shall pay a fine and go to prison."

I call this a comitatus law, after the way the Posse Comitatus statute is written, which has remained effective for 150 years (18 USC §1385). It doesn't say, as is so common, (paraphrasing here): "It's illegal to use the military to enforce civilian law." It says instead (rare but excellent), "Anyone who uses the military to enforce civilian law pays a fine and goes to prison." No one, from top to bottom, is willing to act against that command, and we've stayed free (at least from that, pretty much, so far, though the feds have been cooking up workarounds).

A comitatus clause would apply to Eric Holder and people in the Justice Dept. for example, who created a central registry on long guns from the four Mexico-border states, without Congress, in absolute violation of toothless language in the Firearm Owners Protection Act (now 18 USC §922). Nothing happened to them for doing this, despite the explicit ban in statute. All our laws need comitatus language to stop government abuse, and put abusers in jail where they belong.

To control bureaucracies, where no individual can be singled out for the penalty, the repercussion should be applied against the offending agency as a whole, in the form of withheld funds, reduced budgets, denied bonuses and cutbacks to entire departments. This makes the whole agency reluctant to act in a way that will reduce their funding and power.

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In contrast, look at some of what the forces aligned against our civil rights are proposing:

Democrats plans from last year:

Guns are OK if they don't work:

Gun control by international treaty:

Gun confiscation for person's failure to pass tests, and more:

Gun ban lists (after the expired Clinton-ban lists):

Sarah Brady's plans for Obama:


Alan Korwin
"We publish the gun laws."
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