Bill: Draft Firearms Licensing Act

[Kaiserin_]

CONGRESS OF THE
COMMONWEALTH OF REDMONT
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A BILL TO

Establish Regulations for Firearms Licenses




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The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:


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PART I — PRELIMINARIES

1. Short Title and Enactment

(1) This Act may be cited as the ‘Firearms Licensing Act’

(2) This Act shall be enacted immediately upon its signage.

(3) This Act has been authored by Speaker Kaiserin_, and reviewed by Homeland Security Secretary roryyy_, Health Secretary gwiis, Solicitor General Sir_Dogeington and Rep. ToadKing.

(4) This Act has been co-sponsored by Rep. ToadKing.

(5) This Act amends the following acts:

(a) Criminal Code Act.

2. Reasons and Intent

(1) Server Staff has implemented a gun license plugin and provided a timeframe for a legal framework.

(2) New players have a tendency to fall into crime, and an extra step to access firearms may prove productive in preventing such crime.

(3) Reasonable limitations may be placed on access to firearms for particularly dangerous individuals.

(4) Within these reasonable limitations, access to firearms for the general populace should be retained as much as possible.

3. Definitions

(1) For the purposes of all Acts of Congress, the following definitions shall apply:

(2) Firearm. Any projectile-firing weapon that is not a traditional bow, crossbow, dispenser, or thrown weapon and is implemented through a server plugin.

(3) Restricted Firearm. Any firearm that is:
(a) chambered in one of the following ammo types:
(i) Rocket;
(ii) Flamer Fuel;
(iii) Fusion Cell;
(iv) 5.56 NATO;
(v) 40x46mm; or
(b) is contained in the following list:
(i) AA-12;
(ii) AK-47;
(iii) AK47-U;
(iv) CTAR-21;
(v) DP-27;
(vi) Flamer;
(vii) Mac-10;
(viii) MP 40;
(ix) MP5K;
(x) PKP;
(xi) PPSh-41;
(xii) RPK;
(xiii) Spas-12;
(xiv) STEN Gun;
(xv) Stg44;
(xvi) Sturmgewehr 44;
(xvii) Uzi;
(xviii) Uzicorn;
(xix) VZ.58.

(4) Handling a firearm. To possess, purchase, operate, distribute, or craft that firearm.

PART II — PROVISIONS

4 - Firearms Licenses

(1) In order to handle a firearm, a player must hold a valid firearms license.

(2) Firearms licenses and their administration are managed by the Department of Homeland Security (DHS).
(a) An in-game application must be filed with the DHS for a firearms license to be obtained.
(b) Applications will only be denied if the applicant:
(i) Already holds a firearms license, valid or otherwise; or
(ii) Is currently facing charges that could disqualify them from holding a valid firearms license; or
(iii) § 4.3.(d).(i) applies.
(c) Specific procedures for the administrative processes relating to firearms licenses not otherwise provided for by this Act are set by DHS policy.

(3) There are four statuses of firearms license:
(a) Enhanced License. These are issued for national security purposes only, and are restricted to members of the DHS and the Armed Forces of the Commonwealth of Redmont (AFCoR), subject to DHS policy.
(i) In addition to all privileges granted to those who hold Full firearms licenses, active service members of the DHS and the AFCoR who hold Enhanced firearms licenses may, with the permission of the DHS Secretary or a Major, handle Weapons of Mass Destruction in the course of their official duties.
(b) Full License. These are granted to all Redmontian citizens whose license application has been accepted.
(i) Players who hold Full firearms licenses may handle any firearm that is not a Weapon of Mass Destruction nor otherwise disallowed by law.
(c) Restricted License. These grant only limited access to firearms in comparison to Full licenses. A person may only have their license restricted as punishment for a crime.
(i) Players who hold Restricted firearms licenses may handle any firearm that is not a Weapon of Mass Destruction, a restricted firearm, nor otherwise disallowed by law.
(d) Suspended License. These no longer serve as valid licenses and do not permit the handling of any firearm. A person may only have their license suspended as punishment for a crime.
(i) If a player’s license would be suspended while they do not have a license, they are instead barred from applying for a license for the same period of time.

5 - License Strikes

(1) A license strike is a punishment applied to an individual's firearms license as a result of a crime.
(a) License strikes are associated with the criminal record for the crime that caused them, and are removed only when the record for the associated crime is expunged.

(2) A punishment is applied to a firearms license in the form of a status change any time it receives a strike. The length and type of status change is dependent upon the amount of strikes on that license after the newest strike is applied.
(a) The following table shall be used when determining punishments as a result of license strikes:

1 strike	Restriction for 7 days
2 strikes	Suspension for 7 days
3 strikes	Suspension for 7 days, followed by Restriction for 7 days
4 strikes	Suspension for 14 days, followed by Restriction for 14 days
5–7 strikes	Suspension for 14 days

(c) For the above punishments, the status of the firearms license returns to Full after the provided time has elapsed, except that:
(i) A license with 5–7 strikes becomes indefinitely Restricted rather than returning to Full;
(ii) A license with 8+ strikes is indefinitely Suspended.

PART III — AMENDMENTS

6 - Amendments to the Criminal Code Act

(1) Section 9 of PART V of the Criminal Code Act shall be repealed.

(2) PART IV of the Criminal Code Act shall be amended as follows:

"4 - Mass Murder
Offence Type: Summary
Penalty: 3 Penalty Units per murder; 15 minutes imprisonment per murder; Additionally, if a firearm was used:
(a) 9 or fewer unlawful killings: 1 firearms license strike
(b) 10+ unlawful killings: 1 firearms license strike, plus an additional license strike for every 10 unlawful killings.
A person commits an offence if the person:
(a) unlawfully kills four or more players before being apprehended.
Relevant Law: [Link to the Firearms Licensing Act]

5 - Deprivation of Liberty
Offence Type: Indictable
Penalty: 2 Penalty Units; 10 min imprisonment; Additionally:
(a) If a firearm was used: 1 firearms license strike
A person commits an offence if the person:
(a) unlawfully confines a player or tamed pet without consent or means of exit; or
(b) holds another player against their will, including under threat or ransom.
Relevant Law: [Link to the Firearms Licensing Act]

6 - Violent Disorder
Offence Type: Indictable
Penalty: Up to 100 Penalty Units; Up to 60 minutes imprisonment; Additionally:
(a) If a firearm was used: 1 firearms license strike
A person commits an offence if the person:
(a) is one of 3 or more persons who are present together; and where
(b) they use or threaten unlawful violence; and where the conduct of is such as
(c) their conduct would causes a person at the scene to fear for their own personal safety, each of the persons using or threatening unlawful violence is guilty of violent disorder.
Relevant Law: [Link to the Firearms Licensing Act]”

(3) The following shall be added to PART V of the Criminal Code Act:

“9 - Unauthorised Firearms Possession
Offence Type: Summary
Penalty: 10 Penalty Units; 10 minutes imprisonment; Confiscation of unlicensed firearms
A person commits an offence if the person:
(a) possesses a firearm without holding a valid firearms license.
Relevant law: [Link to the Firearms Licensing Act]

10 - Violation of Firearms License Restriction
Offence Type: Summary
Penalty: 30 Penalty Units; 5 minutes imprisonment; Confiscation of unlicensed firearms; 1 firearms license strike
A person commits an offence if the person:
(a) has a Restricted firearms license; and
(b) handles a restricted firearm.
Relevant law: [Link to the Firearms Licensing Act]

11 - Unauthorised Firearms Sales
Offence Type: Indictable
Penalty: Confiscation of unlicensed firearms; Additionally:
(a) First offence: Up to 50 Penalty Units; Up to 30 minutes imprisonment; 2 firearms license strikes
(b) Subsequent offences: Up to 100 Penalty Units; Up to 60 minutes imprisonment; 3 firearms license strikes
A person commits an offence if the person:
(a) sells, distributes, or traffics a firearm:
(i) for which the recipient of the item lacks the proper licensure to handle; or
(ii) for which the offender lacks the proper licensure to handle.
Relevant law: [Link to the Firearms Licensing Act]”

(4) PART VI of the Criminal Code Act shall be amended as follows:

“7 - Weapon of Mass Destruction Possession
Offence Type: Summary
Penalty: 105 Penalty Units; 1 firearms license strike
A person commits an offence if the person:
(a) possesses any item deemed to be a Weapon of Mass Destruction.
This offence shall not occur where:
(b) The person holds a valid Enhanced firearms license; and
(c) The possession is done with the permission of the DHS Secretary or a Major of the AFCoR; and
(d) The possession is done in the course of the person’s official duties as a member of the DHS or the AFCoR.
Relevant Law: [Link to the Firearms Licensing Act], [Link to the Criminal Terminology Act]

8 - Weapon of Mass Destruction Trafficking
Offence Type: Indictable
Penalty: Up to 100 Penalty Units; Up to 60 minutes imprisonment; 1 firearms license strike
A person commits an offence if the person:
(a) sells, distributes, or traffics any substance deemed to be a Weapon of Mass Destruction; or
(b) distributes a Weapon of Mass Destruction. This instance of the offence shall not occur where:
(i) The person holds a valid Enhanced firearms license; and
(ii) The possession is done with the permission of the DHS Secretary or a Major of the AFCoR; and
(iii) The possession is done in the course of the person’s official duties as a member of the DHS or the AFCoR.
Relevant Law: [Link to the Firearms Licensing Act], [Link to the Criminal Terminology Act]”

PART IV — MISCELLANEOUS

6 - Transition

(1) Upon the signage of this Act, there will be a transition period of 30 days. During this transition period:
(a) Updates to the Criminal Code Act made by this Act will not yet take effect.
(b) New restrictions on the handling of firearms established by this Act will not yet take effect.
(c) All other provisions of this Act shall take effect immediately, including those governing the administration and issuance of firearms licenses.