Wednesday, December 24, 2008

Twenty questions

If you are seeking public office in any legislative or executive position, or as the chief law enforcement officer or prosecuting attorney for a particular jurisdiction, or if you are a member of a group that advocates additional restrictions, prohibitions, or accountability with regard to the ownership and possession of firearms by private citizens, then I have a few questions for you.

Where applicable, and if this indeed is your position, an answer to the effect of "Existing [federal, state, and/or local] laws are sufficient" is acceptable.

1. Under what circumstances should a person be justified in using physical but non-lethal force against another person?

2. Under what circumstances should a person be justified in using deadly force against another person, how (that is, using what type of weapon or instrument) may such force be applied, and should a person be required to attempt retreat prior to using deadly force against another?

3. What legal, adjudicated status or conditions should disqualify a person from the purchase, ownership, receipt, possession, transport, or carry of firearms or ammunition or other deadly weapons?

4. Which of these disqualifications might be temporary and therefore cease to exist after the condition is rectified or no longer applies?

5. Assuming a person is not disqualified as a prohibited possessor by an attribute in #3 above, what additional legal prerequisites or qualifications should exist as a condition for the purchase, ownership, receipt, possession, or carrying of a firearm or other deadly weapon?

6. Assuming a person is not a prohibited possessor, should law enforcement have discretion as to whether or not a person is qualified or justified to purchase, possess, or carry a weapon? (As it pertains to licenses or permits, this is commonly referred to as "may-issue", as opposed to non-discretionary "shall-issue".)

7. Some jurisdictions require that issuing authority declare an applicant to be "of good character" before issuing a permit to purchase, possess, or carry a weapon. Please list some examples of character qualities which might preclude a person from being issued such a permit.

8. As part of the application process, some jurisdictions require a person to provide justification for obtaining a permit to purchase, possess, or carry a weapon. Under what circumstances should a person be deemed justified (or at your option, not justified) to purchase or possess a firearm or carry an operational firearm on their person or within their immediate control?

9. At the current time, Federal law (and most state laws) do not require background checks or transaction records when the transaction involves a private individual (as opposed to a Federally licensed firearms dealer) selling or otherwise transferring a firearm to a another person. This is commonly known as the "gun show loophole". From a legal standpoint, a private transaction between two non-FFL'd individuals at a gun show is no different than the same transaction between the same two individuals anywhere else where firearms are not otherwise prohibited. What is your position on this, and what changes, if any, do you propose?

10. What methodology do you propose for the verification and enforcement of the qualifications, disqualifying conditions, and prohibitions as described in (3) through (9) above.

11. What is your definition of "assault weapon"?

12. List any particular makes, models, types, calibers, characteristics, or other specific features of firearms or ammunition that should not be available to the general public?

13. List any places which should be off-limits to private citizens in possession of firearms and other deadly weapons, and any alternatives you propose (or assume already exist) to ensure their safety and protection from criminals while in or at such places?

14. Have you (or has your company, on your behalf) ever employed a private, armed security force consisting of one or more persons for the purpose of protecting your life or personal property, that of your family members, company property, or the life or property of anyone else of your choosing? If so, please explain to the extent possible without compromising operational security.

15. Has any government ever provided you or your family such protection using a private security force, law enforcement agency, or military force? Again, please explain to the extent possible.

16. Is it your opinion that "No Weapons Allowed" signage (of which there are many variations) posted at public or private locations acts as a significant deterrent to criminals or criminal activity?

17. At the locations where you live and work, what is the average response time for that jurisdiction's primary law enforcement agency to arrive on scene in response to a violent crime against a person?

18. Does anyone living in your primary residence own or possess a firearm, and if so, for what purpose(s)?

19. Should concealed carry permits, firearm ownership permits, firearm-related transaction records, etc. be a matter of public record?

20. Should age-appropriate firearms safety classes taught by a qualified instructor be offered in public schools, either mandatory or as an elective?

Update: Originally posted 12/24/08. Updated 01/04/09 for clarity

1 snappy remarks:

Anonymous said...

Great questions

I like to ask people if they know why the 2nd amendment is in the constitution and why it was the 2nd thing listed. When people realize the answer to those questions they come to better understand why the right to bare arms is so important.

when the government is allowed to do things we are not, that is oppression

forget who said that but it applies perfectly