Firearm Licensing Tier Act of 2016

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In Character
Firearm Licensing Tier Act
San Andreas State Seal.png
General Information
Short Title Firearm Licensing Tier Act
Long Title Firearm Licensing Tier Act of 2016
Acronyms FLT
FLT Act
Enacted By San Andreas Congress
History
Introduced June 1st, 2016
Passed June 12th, 2016
Amendments None
Ratified N/A

Chapter I - Foreword

§ 101 - Definitions

(a) For the purposes of this section, all references to a "firearm license", a "weapon license", "firearm permit", "weapon permit", "concealed carry permit", "concealed carry weapons permit", and all reasonably obvious variations shall refer to the general concept of a tiered licensing system as described in this law.

(b) For the purposes of this law and all references to this law, the term "governing agency", "governing law enforcement agency" and all reasonably obvious variations shall refer to the law enforcement agency which is responsible to carry out and enforce all firearm regulations as described in §201, (a).

(c) For the purposes of this law and all references to this law, the term "firearm", depending on the context, shall reasonably include all other regulated items described within this law such as ammunition, suppressors, etc.

§ 102 - Overriding Statute of Previous Law

(a) All provisions of this act are to override all wording listed in the General Firearms Act of 2014 and San Andreas Reform Act of 2015, and effectively nullify all information present in both documents.

Chapter II - Enhancing Domestic Licensing For Firearms

§ 201. General Licensing Regulations

(a) The power to carry out and enforce all firearm regulation provided within this document may by granted at the discretion of the largest local governing body to any law enforcement agency in the jurisdiction which these laws apply. Should this grant of power not occur by either neglect or decline by the governing body, the power to carry out and enforce all firearm regulations provided within this document shall be the assumed responsibility of the largest law enforcement agency in the jurisdiction which these laws apply. This law enforcement agency, whether granted or assumed, shall abide by the general statewide regulations for firearms licensing for issuing a license to an individual henceforth known as a "Licensee," which regulations are listed below;

(1) Licensee is over the age of majority (21)
(2) Licensee is a resident in any recognized municipality or county within the boundaries of the State of San Andreas.
(3) Licensee resides a fixed address which can be subject to inspection when required.
(4) Licensee has spent at least ten months within the State of San Andreas at a fixed residence. May be subject to waiver by a Justice of the Superior Court of leader of the governing law enforcement agency if deemed necessary. (( 10 Days On The Server And 25 hours IG. ))
(5) Licensee does not hold a criminal record consisting of any felony or misdemeanors of domestic violence and may be temporarily denied for lesser misdemeanors that have been recorded within the past two years. (( 2 Months. ))
(6) Licensee must complete and pass a reasonable in length and difficulty, yet thorough, firearm safety course, which shall include instruction on firearm safety and the law regarding the permissible use of a firearm, to be administered by the governing law enforcement agency, with the information prescribed from applicable sections within this document and other reasonable sources.
(i) The administration of this test may be done in person or online and adequate training must be given so a competent person may study for and take the test. A proper grading system must be in place.
(ii) A minimum threshold for passing the test shall be publically posted for the licensee to see.

(b) Additional regulations may be required by the governing law enforcement agency for certain individuals it deems to require extra attention due to various reasons. These reasons include and are limited to the following:

(1) Licensee is determined to have a mental problem through observation at any time during the licensing process or if previous documentation is present within law enforcement or medical databases after written consent is contained for the latter, which would indicate or give reasonable suspicion that the licensee may be mentally impaired. The licensee may seek medical clearance if initially denied for mental problems through observation from any regulated medical institution.
(2) Licensee has numerous traffic infractions showing a disregard for personal safety in excess of eight infractions, or misdemeanors stacking in excess of three. The licensee may be denied a firearm license for a period of two years (( 2 Months. )) , issued under the discretion of the governing law enforcement agency. After which the licensee is to be allowed to proceed with the licensing process again, assuming no more infractions or misdemeanors have occurred.
(3) Licensee may be required to write an essay at the discretion of the governing law enforcement agency, describing why this license is needed if clarification for the request is needed. Regulations for the essay are allowed to be determined by the governing agency and must be fair and reasonable in all cases an essay is required, both in why an essay is required and how the essay is graded.
(4) Licensee may be denied if they are the subject or affiliated with an organization which is the subject of a gang injunction. They may reapply two years after the injunction has been lifted. (( 2 Weeks. ))

§ 202. Authority for Issuance of License

(a) The leader of the governing law enforcement agency or an authorized representative of the leader may issue the appropriate firearm license to any person who is qualified and meets the necessary legal requirements. Should the licensee be a peace officer, any fees may be waivered and fees, whether they be direct or indirect for the issuance of the license shall be reimbursed.

(b) A firearm license of any type shall not be issued by any person in the state of San Andreas, including a peace officer, if the Superior Court of San Andreas determines that the person is prohibited by state or federal law from possessing, receiving, owning or purchasing a firearm, or that person is not of one with a good moral character or does not have a good cause for issuance.

(c) Any person who is convicted of a felonious crime or misdemeanor crime of domestic violence shall have their firearm license revoked and all regulated items described within this law seized.

(d) Justices of the Superior Court of San Andreas may issue, under written authority of the court, a firearm license, a permit to purchase or a waiver of general requirements to hold a firearms license / permit in the state of San Andreas to any person in the state and such rights of the court shall not be infringed upon by any peace officer in the state of San Andreas.

(e) Firearm permits or licenses issued from other states in the continental United States or external United States territories are not valid in the state of San Andreas, nor recognized as being valid in the state of San Andreas. You must possess a valid firearm permit or license issued by the governing law enforcement agency in order to possess a firearm within the State of San Andreas.

§ 203. Clarification of Authority

(a) All firearm licensing authority is directly vested within the State of San Andreas, with the State of San Andreas delegating the power of enforcement, regulation, and licensing to the largest law enforcement agency or law enforcement agency appointed by the local governing body. All federal licensing concerns must be processed through the Bureau of Alcohol, Tobacco, Firearms and Explosives.

§ 204. Creation of Statewide Firearms Licensing Database

(a) The governing law enforcement agency shall establish a secure database made accessible to all other law enforcement agencies with jurisdiction in the State of San Andreas and the Superior Court of San Andreas. This database shall contain:

(1) the location the firearm is most often stored,
(2) the serial number, caliber, and model of the firearm,
(3) the purchase date and location of the firearm,
(4) all relevant personal identification,
(5) firearm status such as stolen or not stolen.

(b) The information required as described in §204, (a), may be later referred to as "registration information" or reasonable variations thereof.

(c) The licensee shall make every reasonable attempt to keep their registration information up to date. Failure to do so and having information out of date by more than three months (( 3 Months.)) shall result in a revocation of the firearm license and all regulated items described within this law seized.

(d) All firearms purchased with the licensees' firearm license must be registered within 3 days from the date of purchase with the governing law enforcement agency, or it shall be categorized as an unregistered firearm.

§ 205. Designation of Enforcement Authority

(a) The governing law enforcement agency may search properties and assets owned by the licensee, considered a de facto search warrant for an automatic search, for the purpose of seizure of firearm licenses, firearms, or other regulated items describe within this law.

Chapter III - Tier Licensing System

§ 301. Tier 1 Regulations

(a) Tier 1 licenses shall be issued for the reason of self-defense. This license may not be issued for any other reason unless special permission is obtained by a Justice of the Superior Court of San Andreas.

(b) Open carry is authorized of Tier 1 weapons but may be restricted if a declaration of emergency is made by the largest governing body of the county of Los Santos. Opportunity for concealing or storing the weapon out of sight must be given in the event that the carrier was not made aware of the declared emergency initially.

§ 302. Tier 2 Regulations

(a) Tier 2 licenses shall be issued for the reason of hunting, private security or the licensee in question is a qualified peace officer. This license may not be issued for any other reason unless special permission is obtained by a Justice of the Superior Court of San Andreas.

(1) If the permit is to be issued for hunting or private security, the licensee in question must possess either of those respective permits, should they be required according to legislation enacted within the jurisdiction their permit will be issued.

(b) Open carry is authorized of Tier 2 weapons but may be restricted if a declaration of emergency is made by the largest governing body of the county of Los Santos. Opportunity for concealing or storing the weapon out of sight must be given in the event that the carrier was not made aware of the declared emergency initially.

§ 303. Tier 3 Regulations

(a) Tier 3 licenses shall be issued for the reason of being a member of an Explosive Ordnance Disposal team or be in a specialized team as a Law Enforcement Officer. This license may not be issued for any other reason, and this license may only be issued by the State of San Andreas.(( Faction Team ))

(b) It shall be unlawful for explosives to be transported in personal vehicles and doing so shall be considered possession and transport of a destructive device.

(c) Before transporting explosives and other Tier 3 regulated items in large quantities, the licensee shall inform all law enforcement agencies of this transportation. The law enforcement agency the licensee belongs to shall be obligated to escort this transportation with adequate security.

(d) Tier 3 license holders may also possess, in limited quantities and in safe transport or storage, the explosives ammonium nitrate/fuel oil(ANFO) and Trinitrotoluene (TNT) for documentative, historical, or industrial use.

Chapter IV - Controlling The Weapon Supply

§ 401. Legal Firearms

(a) All firearms of any type are to be considered illegal and must not be in the possession of any person or entity without the appropriate licensing described in this law.

§ 402. Restricted Firearms

(a) All firearms able to be legally possessed and used with a Tier-1 license are:

(1) semi-automatic handguns chambered with a bore diameter of .50 inches or less,
(2) semi-automatic, bolt-action or break-action rifles with a bore diameter of .50 inches or less,
(3) semi-automatic pistol caliber carbines with a bore diameter of .50 inches or less,
(4) semi-automatic, pump-action, or break-action shotguns with a bore diameter of 12. gauge or less,
(5) conducted energy weapons, otherwise known as a "taser" that may use a propelled wire or manual probes to channel energy to a remote target, thereby controlling and overriding the body's central nervous system,
(6) or black powder muzzleloader rifles.

(b) All firearms able to be legally possessed and used with a Tier-2 license are:

(1) semi-automatic rifles with a bore diameter of .50 inches or less,

(c) Devices, firearms, or other implements able to be legally possessed and used only by qualified law enforcement are:

(1) non-lethal explosive devices or projectiles,
(2) or lachrymatory devices or projectiles.

(d) Weapons under this subsection are fully declared to be illegal, and may not be possessed or used:

(1) belt-fed machine guns,
(2) explosives, excluding breaching charges or charges used to dispose of other explosive ordinance by law enforcement,
(3) weapons of mass destruction,
(4) weapons mounted on vehicles,
(5) or weapons fired from armored portholes.

(e) Qualified peace officers employed under or operating within the jurisdiction of the State of San Andreas shall not require a firearm license to carry firearms issued to them by their department or agency either openly or concealed, regardless if they are on or off duty.

(f) Qualified peace officers employed under or operating within the jurisdiction of the State of San Andreas may carry automatic or semi-automatic, magazine-fed rifles issued to them by their department or agency either openly or concealed, regardless if they are on or off duty, making them exempt from subsection 401,(a).

§ 403. Other Weapon Regulations

(a) Other weapon regulations shall refer to knives, daggers, axes, batons, swords, and other melee weapons that may be used as a weapon from this point onward.

(b) Other weapons that are carried in public shall not exceed 3 inches in length, with the exception of batons and various blunt melee weapons.

(c) Items and weapons which may be carried in public areas, so long as they are not used with criminal or unlawful intent are:

(1) Knives not carried in a threatening manner that meet blade length requirements.
(2) Batons and other blunt melee objects, so long as carried in a non-threatening manner.

(d) A threatening manner shall be defined as any demeanor that strikes fear into another person through intimidation or physical strikes.

(e) It shall be unlawful to possess, carry, display or brandish a firearm on the exterior grounds, or in the interior of;

(1) any law enforcement agency,
(2) the internal and external grounds of any corrections or holding facility including within sidewalk distance if the facility is in the city or within 500 yards if the facility is in the county,
(3) any courthouse or premises of the Superior Court of San Andreas,
(4) fire stations and buildings of the Los Santos County Fire Department,
(5) Department of Motor Vehicles office,
(6) city or county hall,
(7) libraries of the State of San Andreas or,
(8) public or private hospitals,

without explicit written permission from a Justice of the Superior Court of San Andreas...regardless...of possession of a valid firearm license.

(1) Qualified peace officers in the state of San Andreas are exempt from this section.

§ 404. Modifications of Firearms

(a) No person in the state of San Andreas, other than a recognized peace officer of the state, shall possess, use, purchase or sell any of the following modifications or munitions:

(1) silencers,
(2) grenade launcher or flare launcher,
(3) armor-piercing or metal-piercing rounds,
(4) compressed powder shotgun loads (breaching rounds),
(5) or incendiary rounds.

(b) These aforementioned modifications or munitions may not be carried off-duty by recognized peace officers unless they are a member of a tactical team with appropriate authorization by their agency. While on-duty as a recognized peace officer, these firearm modifications or munitions may be possessed, carried, and used freely under the direction and standard operating procedures of a respective law enforcement agency.

Amendments

None