Right to Individual Defensive Arms & Protection Act (RIDAPA)
A BILL WORTHY OF CONGRESSIONAL SPONSORSHIP
WHEREAS, a myriad of states, cities, counties, and townships throughout the United States of America have made it a criminal act to conceal carry a firearm (CCW) or otherwise open carry a firearm while out and about in public;
WHEREAS, a myriad of states, cities, counties, and townships throughout the United States of America have otherwise mandated an approval process for conceal carrying a firearm that is largely feeble and arbitrary, requiring justification as by a submitted
reasonable cause letter;
WHEREAS, it is an immutable and fundamental right, while also a personal duty and civil privilege, for individuals to protect themselves, their families, and others from the impending harm sought by others with corrupted, evil, or nefarious, agendas, intentions, or motivations;
WHEREAS, a primary concern leading up to our American Revolution involved British Redcoats demanding, as by their Parliament’s several “Intolerable”/“Coercive” Acts, that American colonists, i.e., their militias, surrender over to them all firearms, which ultimately precipitated the Battles of Lexington and Concord in Massachusetts during the Spring of 1775 (April);
WHEREAS, the intellectual and jurist Forebearers of the United States of America had wisely instilled fixed, solidly unchanging maxims within America’s principal documents for which have and will always remain endued by empirical veracities;
WHEREAS, America’s
common law has well established that it is for the duty of each and every individual to defend and protect themselves from all degrees and forms of danger, harm, threat, and wrongdoing; that law enforcement personnel and other such first responders are themselves under no legal obligation to provide any individual with a guarantee of absolute protection;
WHEREAS, II Amendment to the United States of America’
Bill of Rights serves as an impetus for the several states of the Union, being so
necessary and proper for maintaining a strong and effective militia, for which consists entirely of the mindful and loyal citizenry thereof to tenably combat against both
domestic violence and repel foreign invasion;
WHEREAS, acts of terrorism, gang violence, drug violence, mental illness that including drug, prescription, and substance abuse, have long become established as a national epidemic or are otherwise prevalently rampant, having resulted in a grave moral danger toward upholding civility and peacefulness throughout America, and effectively blockading the future of its social infrastructure and wellbeing;
WHEREAS, in the course of the last century, respectively, 170,000,000 unarmed or otherwise disarmed individuals, have had their lives taken from them, by the authoritative nature of their own tyrannous system of government, while certainly America’s system of government is itself not immune to such acts of blatantly unremorseful atrociousness;
WHEREAS, all systems of government are comprised of both men and women, who, during the course of serving as affirmed civil servants unto the public are themselves prone to fallibilities and such other absurdness, fatuousness, and misjudgment;
WHEREAS, historically, it has been earnestly shown that both armed law abiding and responsible individuals are fully capable of ceasing, thwarting, or otherwise fending off the violent whims of armed attackers;
WHEREAS, it is beyond all reasonableness to expect for law enforcement personnel alone to quell the epidemic of criminality, harassment, harm, threat, and violence that is wrought daily by organized criminals, drug traffickers, gang members, terrorists, abusers, and the like, while the average response time for law enforcement personnel is more than six-minutes and the average duration for an act of criminality to play itself out is approximately less than two-minutes;
WHEREAS, the
bona fide solution for preventing the continuing trend of mass public shootings is to both ensure and preserve the individual right to keep and bear defensive arms and personal protection and not to constrain, repress, or to otherwise criminalize such core and requisite American fundaments;
WHEREFORE,
WE THE PEOPLE, now seek meaningful remedy and public redress as by the esteemed and spirited affirmations bestowed within our elected representatives in Congress so as to effect through America’s great Charter, the
Declaration of Independence and wherein manifestly securing our
unalienable rights, among which consist of “Life, Liberty and the pursuit of Happiness”; we furthermore and respectfully, demand that the below
numerations 1-12, in whole, be enacted into public law:
1. By this act of public law, it is intended to mandate a national standard of conceal carry firearms (CCW), entailing the following for state-by-state compliance to the same:
(
i) confidential clearance of national (including: NCIC and INTERPOL) and in-state law enforcement database wants, warrants, court orders, and criminal history and affiliations of petitioner;
(
ii) confidential national and in-state registry clearance and national database registration of all firearms to be concealed and carried by petitioner;
(
iii) satisfactory completion of a gun safety course presented by a certified firearms instructor or range-master, or by law enforcement personnel, such course shall consist of between 4-8 hours in duration and require upon completion that the petitioner display a reasonable degree of knowledge in proper firearms shooting safety and overall responsibility in handling, stowing, targeting, firing, breeching, clearing, cleaning, repairing, and securing their firearms to be concealed and carried, as well as general knowledge pertinent to firearms statutes and torts, and the purchasing, selling, or transferring of firearms;
(
iv) satisfactory completion of an in-state firearms responsibility, safety, and statutes test consisting of between 15-30 questions, such test will consist of inquires based in the context of only state gun laws as pertaining to proper handling, firing, transporting, stowing, maintaining, transferring, etc., of firearms in a variety of situations and will be administered by a certified firearms instructor or range-master, or by law enforcement personnel;
(
v) an in-state verified affidavit is to be completed by petitioner, therein attesting the petitioner’s true identity, and that they fully understand and appreciate the responsibility of conceal carrying their loaded firearm, and therein fully disclosing any and all qualifying mental illnesses they suffer from or are later determined to suffer from, and of any and all substance abuse and prescription dependencies that they have or are later determined to have, this affidavit will also consist of a generalized test of between 15-30 questions pertaining solely to mental health, ethics, cause and effect, and logic inquires;
(
vi) petitioners shall pay a reasonable fee for the entirety of the registration process and the expenses incurred for in-state provided documents and review, recertification fees are to be set at a reasonably lower sum than for the initial one-time certification fees;
(
vii) concealed carry permits are to be made copy and forge resistant and are to appear uniformly similar as to in-state individual identification cards, displaying the petitioner’s photo, current address, full legal name and date of birth, will cross-reference their identification or driver’s license number (as applicable), and will display the complete make, model, caliber, primary colors, and serial number of all authorized firearms to be concealed and carried by the petitioner;
(
viii) reasonableness in timeframes for the reapplication of conceal carry due to failing to meet the requirements for the initial approval process will be at the discretion of individual states so far as the timeframe is between 2 to 6 months, while revoking of conceal carry due to abuse, court orders, unlawful acts, etc., will be so far between a timeframe of 6-months to 2-years before reapplication may again be permitted, while generally, court orders will place the status of conceal carry into a state of suspension until such orders have been revoked or expired;
(ix) conceal carry registrations will be reoccurring at the preference of individual states so far as the timeframe is between 2 to 4 years, whereas only the following above numerations will require consideration for redoing:
i,
ii,
iv,
vi, and
vii (as necessary).
2. By this act of public law, it is intended to mandate a national standard for open carry that is less stringent than are the requirements to conceal carry. And that it be legislatively decreed that the ability of the individual to sustain all just means of personal defense is a most virtuous and tenable right in ensuring that social order and safety is both maintained and respected; and that such humane necessities are not to be avoided or made malleable through governmental discretion.
(
i) Generally, any individual that is lawfully permitted to purchase and possess firearms is to also be lawfully permitted to carry such firearms in plain open view upon their person while traversing in public.
(
ii) The term
plain open view is to mean that a portion of a properly holstered firearm is to remain visible so that a reasonable individual would be readily able to identify the holstered firearm for what it is.
(
iii) The term
traversing in public includes by foot, automobiles and other such motorized or mechanized devices, horseback, and all similar means of public or private ground transportation.
3. By this act of public law, it is intended to redefine the present definitions of
assault weapon and
assault rifle to correctly mean any firearm that is capable as by the intended design of the weapon manufacturer to function as a fully automatic firing weapon or (and also) that is capable of launching mortar rounds, fragmentation or concussion grenades, and similar type proximity projectiles, and is to exclude firearms solely because of its intimidating appearance, appeal, caliber, color scheme, design material, functional performance, look, magazine ammunition capacity, or size, with exception only to:
(
i) such meaning shall further include long-rifles capable of being broken-down into components, or folded, or retracted, to one-quarter (1/4) of its original size, so as to be made concealable, and;
(
ii) such meaning shall further include all weaponry capable of properly discharging cartridges larger than 7.62mm magnum.
4. By this act of public law, it is intended to redefine the definition of
open carry so as to permit the storage of magazines loaded with ammunition rounds within the firearm, while the breech or chamber itself remains devoid of ammunition; to additionally permit storage of firearms in the rearward reload-ready position when so secured in a specially designed holster (provided that the holster will, while the firearm is holstered, prevent the slide from self-releasing forward and breeching or chambering a new round of ammunition); to keep spare magazines, and other such respective firearm accessories concealed on or about the individual; and to furthermore clarify, that consequently open carry firearms may be covered by articles of clothing as relevant to local weather conditions, be it cool, frosty, snowy, rainy, windy, etc.
5. By this act of public law, it is intended to require all public buildings and private businesses prohibiting the possession of firearms within the interior of such buildings or premises, be it by conceal carry or open carry, to provide for the free use by individuals possessing firearms, ready access to secure lockable safes for which to place and retrieve their firearms at their convenience.
6. By this act of public law, it is intended that no part of this act serve to conflict or nullify the statutes or codes of any state that pertains to
bona fide criminal activities or intentions involving the possession or usage of firearms, health and safety violations involving the possession or usage of firearms, mental health issues involving the possession or usage firearms, etc.
(
i) Furthermore, it is intended that no state shall deny any individual their right to conceal carry, open carry, or
keep and bear arms on any matter of concern that pertains solely to such individual’s appearance, creed, education, ethnic group, gender, marital status, physical disabilities, social class, and the like.
7. By this act of public law, it is intended to hereafter provide for a proper means of governmental accountability, by mandating that all public law enforcement department issued, official usage and duty weaponry, be registered into a national firearms database, including data pertaining to ballistics; furthermore, registration updating will be required for the same, whenever a ballistics marker upon such public official use firearms have been modified, refurbished, or replaced.
(
i) Additionally, such requirements, as the above, shall be held applicable to all armed professional: bail bond agents, bodyguards, private investigators, private security, security contractors, trackers, transportation security, and the like, who are intended to perform any portion of their regular duties, functions, operations, tasks, or travels within locales that are normally accessible by the general public.
8. By this act of public law, it is intended that all firearms, regardless if in possession by conceal carry or open carry, are to be kept properly stowed in a well designed holster that: (
A) fully protects the trigger area of the firearm from being accidentally or unintentionally discharged and (
B) has at least one level of safety incorporated into the holster preventing the firearm from sliding out unintentionally or being removed without first unsnapping or unlatching a restraint.
(
i) In cases of open carry, when using a waist holster, it must be equipped with a belt restraint (i.e., one or more belt loops) and an adequate belt must be worn along with the waist holster; for with which the waist holster is to be properly fastened onto the belt.
(
ii) In cases of open carry, the holstered firearm may be positioned around the waist at the preference of the individual; and open carry holster configurations shall additionally include both inside the waistband (provided that the handle and hammer area of the firearm remain fully visible, with exception to weather conditions), thigh holsters, tactical vests and rigs equipped with a chest, shoulder, or stomach holster, and bandolero, sling, and shoulder holster rigs (provided that the holster rig is secured around both shoulders by a one or more continuous pieces of adequate material that is not dependent on press or pull snaps, buttons, or clips around the shoulder, back, or chest areas).
(
iii) In cases of both conceal carry and open carry, the restraint securing the gun into the holster must be functioning properly and actually connected or fastened; save for instances when the holstered firearm is properly intended for immediate or imminent use.
9. By this act of public law, it is intended that individual states may legislate immediate notification standards upon initial contact with law enforcement personnel of an individual’s conceal carry and open carry status; that conceal carry identification cards be carried and presented; and that access to an individual’s conceal carry or open carry firearm be permitted at the request of law enforcement personnel for reasonable inspection or verification.
10. By this act of public law, it is intended that for all means of public air travel, while within a designated air terminal area or onboard a publicly accessible aircraft, all individuals that are either conceal carrying or open carrying firearms will be required to fully unload and stored away their firearms into a lockbox type object that will remain inside of an article of lockable luggage throughout the duration of the flight or while remaining inside any designated air terminal area; with exception only to law enforcement personnel and other such professionals who are working in an official capacity or are otherwise “on duty”.
(
i) The term
lockbox type object means a solidly constructed portable object consisting of various iron compounds and with enough room internally to store all respective firearms and related equipment that can be readily secured by lock and key, combination code, or biometrics.
(
ii) With consideration to this numeration, all individuals shall inherently retain the right to use just and reasonable force, including the use of their locked away devices or weapons, when in defense of themselves or the public, within any designated air terminal area or onboard any public aircraft.
11. By this act of public law, it is intended that no state may enact any public law with respect to the following and that all such current laws are
preemptively null and void that makes it a crime for any juvenile, or any individual otherwise considered to be below the
age of majority, to possess or use a firearm against another, or thereby the juvenile’s parents, or otherwise the owners of a firearm that is used by a juvenile or such other individual, when done so in the just and reasonable defense and wellbeing of themselves or others.
* Additionally, within the established breadth of this numeration, it may be determined prudent to further extend its rightful context, so as to additionally grant a necessary means of exclusionary firearms protection to individuals that are otherwise not legally permitted the right of firearms ownership, possession, or usage in such circumstances as aforementioned.
12. By this act of public law, it is intended that during incidents involving any declared state of emergency or martial law, domestic violence or foreign invasion, the states shall individually reserve powers respective to circumventing, omitting, or suspending any or all stipulations or restrictions as pertaining to the requirements herein established for the conceal and open carrying of firearms; regardless, such respective powers are not to be exercised by any state, whatsoever, in prevention of individuals being otherwise entitled such immutable rights to conceal carry, open carry, or to
keep and bear arms.
END
within their own cover letters, which I would tend to think will better aid in making a stronger case for whatever proposal to ultimately be supported. As well as, to also hopefully pickup cosponsors along the way; while at the very least such proactiveness just might actually serve as a bit of a wakeup call for our apparently self-serving representatives.
