Gun Ownership In Everett

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The Right To Bear Arms is a Constitutional amendment part of the Union of Everett Constitution's Bill of Rights. Known as the Second Amendment, the law authorizes the civil and national rights of citizens of the Union of Everett to purchase and own firearms and other weapons. According to the Department of Justice, as of 2012, the Narcotics, Alcohol & Firearms Agency (NAF) reported a total of 285 million registered and licensed firearms within the Union of Everett and its territories, owned by civilian gun owners which includes non-military law enforcement and federal officers (whose duty weapons are not counted in the annual statistics). The NAF estimated an additional 7 to 10 million unregistered and unlicensed illegal firearms possessed illegally within the country, which annually, an estimated 110,000 of them are seized during arrests, raids and other law enforcement activities. Of all estimated 295 million possible firearms in the nation, the NAF estimated a total of 147 billion individual rounds of varied ammunition is possibly owned by civilian gun owners. Of the 285 million registered firearms, the NAF reported in a 2012 DoJ report on gun ownership that 23% of the firearms were or capable of fully automatic firing modes. This accounted for 65.5 million automatic weapons within the Union of Everett, which are reported as owned legally by the 37 million registered Homeland Defense System (HDS) personnel.

Second Amendment

The Second Amendment of the Union of Everett Constitution states, "The right of the people to keep and bear small arms, shall not be infringed. To maintain freedom from tyranny, and to instate an insurgency in a time of war, the right of the people to take up arms, shall not be infringed."

This Amendment is further specified in federal laws and Supreme Court cases including the Federal Gun Ownership Regulation Act of 2004. Generally, the definition of the Second Amendment states that civilians who are registered and naturalized citizens of the Union of Everett have the right to purchase, own and possess firearms and weaponry within their homes, businesses, vehicles and other properties and upon their person.

Federal Gun Ownership Regulation Act

The Federal Gun Ownership Regulation Act reorganizes regulation and jurisdiction over legislation and enforcement of firearms. The most notable was the establishment of sole federal level preemption to create gun laws and regulate them including providing licensing, registration and carrying permits for gun owners.

Reorganization of gun ownership rights changed across the nation and included some of the following major changes:

  • Gun owners may legally transport a loaded or unloaded firearm via their motor vehicle through any state of the Union of Everett.
  • States, counties and municipal authorities do not have the right or authority to ban the legal ownership of a firearm or weapon. The federal government maintains full preemption powers.
  • Gun owners have the right to concealed carrying permits which are valid under federal laws, authorizing citizens with CCW permits to carry and possess guns nationwide.
    • CCW authorized gun owners are restricted under federal law from possessing firearms in the following locations without proper permit or prior authorization: federal agencies, military installations, federal buildings and other government buildings including court houses and federal offices, aboard TSA secured aircraft such as passenger airliners and within airports secured by TSA and Homeland Security agencies, within elementary, middle and high schools or within a school or education facility containing minors.
  • Gun owners are legally allowed to possess semi-automatic rifle weapons and semi-automatic sub machine guns without registering to the HDS.
  • Semi-automatic weapons must be licensed to own. Licenses authorize CCW permit if no federal restrictions are designated on the license. In states authorizing open carry, a license automatically authorizes open carry in any state authorizing such.
  • There are no restrictions on firearm accessories and features including pistol grips, fore-grips, flash hiders, muzzle brakes, suppressors, silencers, rail mounts, magazine capacities, scopes, optics, bayonet mounts, bayonets, flashlights, lasers, telescoping stocks, folding stocks, retracting stocks, bi-pods, barrel lengths, sawed-off barrels or sights.
    • It is illegal to alter or obliterate manufacturer/factory serial numbers or codes.
  • It is legal nationally to possess any non-lethal, less-lethal or general self defense tool including knives of any kind, camping or other lawful purposes), pepper sprays and mace, pepper guns, martial arts weapons, brass knuckles, self defense batons that are capable of extending from a short length to a full length, cane swords, electric stun weapons such as Tasers and stun guns, stun batons or disguised stun weapons.
    • It is illegal for any person charged with a level 5 crime or higher to possess a self defense tool on their person or within their motor vehicle.
    • It is illegal for a person charged with a level 5 crime or higher to possess any form of firearm.
  • It is legal for a licensed gun owner to possess a firearm on college or University grounds as long as they are a registered student or employee of the facility.
  • Public notices on businesses in which the public may legally access are not legally authorized to restrict or ban the possession of firearms or self defense tools on their grounds.
  • It is illegal for a gun owner to sell or transfer a firearm to another person unless the sale is completed in front of and documented by a legal firearms dealer as a designated witness.
  • People with a history of narcotics or alcohol addiction or abuse and those with judicially confirmed severe mental defect may not legally possess a firearm.

Ownership

To register as a gun owner and receive a firearms license and or carrying permit, one must fall within the following criteria.

Shotguns & Rifles

  • Must be at least 18 years old to purchase a pump action, muzzle loading, bolt action or other single shot or manual action firearm.
  • Must be at least age 16 with legal parent or guardian consent to possess such a firearm.
  • Must not have criminal conviction of a crime level higher than 5.
  • Must not have a history of dangerous mental defect or addiction/abuse of a substance.
  • Must not have an active restraining order.

Semi-Automatic Weapons

  • Must be at least 21 years of age to purchase, own and possess any semi-automatic shotgun, rifle, SMG or pistol.
  • Must not have a criminal conviction of a crime level higher than 6.
  • Must not have a history of dangerous mental defect or addiction/abuse of a substance.
  • Must not have an active restraining order.

Fully Automatic Weapons

  • Must be at least 21 years of age to purchase, own and possess any automatic shotgun, rifle, SMG or pistol.
  • Must register with the Homeland Defense System.
  • Must not have a criminal conviction of a crime level higher than 6.
  • Must not have a history of dangerous mental defect or addiction/abuse of a substance.
  • Must not have an active restraining order.

Licensing Process

Before any person may purchase a firearm, they must undergo an extensive background check and criminal record check which includes immigration records, criminal records, mental health and education records. Recent firearms background check authorization is done digitally through federal NCIS databases, a verification process that takes an estimated 15 minutes at the gun dealership. Registering and purchase of fully automatic weapons requires local federal firearms authority, generally a local FBI regional office to conduct an in person interview. There are several valid reasons a person may use for purchasing a firearm when asked what the purchased firearm is for, including for sport activity, hunting, self defense and one can also legally claim the Second Amendment as a reason for owning. Persons who pass the 15 minute NCIS Verification process are issued an interim license printout to own card by the gun dealer and the legal ability to bring home their firearm immediately, unless a fully automatic weapon. An official federal firearms ownership license is generally issued and mailed to the owner within 14 days.

In the case of background checks, persons are authorized the right to buy a weapon based on important factors including mental health. Mental health records don't immediately exclude a person from purchasing a firearm. Mental health issues that would restrict a person from owning a firearm include any point in which the applicant had been lawfully court ordered involuntarily committed to a psychiatric facility, any history of psychotic illness including hallucinations, delusions or unreasonable paranoia, mental retardation, or history of violent outbursts resulting from mental defect. Psychiatric doctors and courts may overturn a previous mental defect diagnosis. Medical background checks search for any medical history of addiction or dependence on a substance, including history of alcoholism or illegal narcotics abuse (with the exception of marijuana). Immigration checks monitor immigrants who have migrated from certain countries on terrorism watch lists, especially Pakistan, Afghanistan, Somalia and Yemen, where the applicant may be required to be interviewed further by law enforcement before attaining their license. It is a rare instance for a legal immigrant from those nations to be denied a license on the basis of their former nationality. Criminal records checks are one of the top priority in verifying the right to attain a gun license. Any person convicted of a violent offense is barred from ownership. Any person convicted of a sexual offense is barred from ownership. Persons with records higher than Level 6 crimes are denied licenses and cannot ever own a firearm. People who have been previously charged with animal cruelty have been denied licenses. In the case of education records, people who have uncompleted primary schooling (high school dropouts) or applicants of legal gun owning age who still actively attend high school, are required to go through an interview with a federal law enforcement official.

A person applying for a license or attempting to purchase a firearm must provide a social security card, current state or NID card identification and a birth certificate or if a legal immigrant, immigration paperwork, all for proof of identity. Gun dealers take fingerprints digitally at the store and upload the copies to the federal NCIS database. These prints are used to confirm the applicant has no criminal records or warrants outstanding.

It should be noted that licenses, permits and registration of firearms and their owners are held on record by the gun dealer themselves, and any government agency or authority must acquire a warrant to access such records. Only automatic weapons registrations are sent and held by government authorities, for Homeland Defense System purposes.

License Restrictions

A Federal Firearms License (FFL) or a Federal Firearms Permit (FFP) authorize the ownership and carrying or possession restrictions of a licensed gun owner. FFL cards authorize legal ownership of coded firearms but do not authorize the concealed carrying of the firearm on one's person. An FFP card authorizes a licensed owner to carry a concealed firearm (or openly if authorized in a state) based on the coded firearms and restrictions specified.

The following is a list of codes:

  • FFL: Licensed gun owner
    • L1. Licensee may own Class 1 firearms.
    • L2. Licensee may own Class 2 firearms.
    • L3. Licensee may own Class 3 firearms.
  • FFP: Licensed gun owner with Permitted Concealed (or Open) Carry
    • P1. Licensee may carry loaded Class 1 pistols.
    • P2. Licensee may carry loaded Class 2 pistols.
    • P3. Licensee may carry loaded Class 3 pistols.
  • HDSA: Authorized HDS personnel, licensed fully automatic firearms owner
  • C7. No criminal record
  • C6. Minor criminal history/Judicially disregarded
  • PD. Employed, former or retired law enforcement officer
  • FA. Employed, former or retired federal agent or official
  • SC. School faculty authorized to possess on and in school grounds and buildings containing minors
  • MM. Current or former (honorably discharged) military officer or soldier or other employee of the Union of Everett Armed Forces
  • AP. Authorized to carry and or possess a loaded firearm aboard a commercial aircraft, generally military, law enforcement, federal agents, pilots and air marshals
  • SG. Licensed security officer or guard
  • HH. Firefighter, paramedic, medical doctor, rescue crew, or other
  • XX. Authorized firearm owner carrying permit which authorizes possession of a firearm in or on grounds or structures or vehicles within any and all territories of the Union of Everett.

Possession

As per individual state laws, it is lawful for a gun owner to open carry in a holster or upon a sling, a loaded pistol, hand gun, shotgun or rifle in the following states:

  • Alabama
  • Alaska
  • Florida
  • Georgia
  • Haiti
  • Indiana
  • Kentucky
  • Labrador
  • Louisiana
  • Maine
  • Michigan
  • Minnesota
  • Mississippi
  • New Hampshire
  • New Brunswick
  • Newfoundland
  • North Carolina
  • Autonomous Protectorate of North Colorado
  • Nova Scotia
  • Autonomous Territory of Nunatsiavut
  • Ohio
  • Ontario
  • Pennsylvania
  • Quebec
  • South Carolina
  • Tennessee
  • Vermont
  • Virginia
  • West Virginia
  • Wisconsin
  • Yucatan

Weapon Classes

Class Types Requirements
1 Bolt action rifles, muzzle loading, break-action or pump action shotguns, single shot pistols Must be age 18, no criminal record above level 5, no history of narcotic use/abuse/addiction.
2 Semi automatic handguns and revolvers, semi automatic rifles, semi-automatic sub-machine guns/PDW Must be age 21, no criminal record above level 6, no history of narcotic use/abuse/addiction.
3 Fully automatic weaponry, sub-machine guns, semi/full automatic shotguns. Must be 21 for weapons, armor penetrating ammunition, registration with HDS, no criminal record above level 6.
4 Grenades, grenade launchers, rockets and rocket launchers, claymores, explosives, high explosives (C-4), mines and anti-personnel mines/anti-tank mines, shells, IEDs, anti-aircraft turrets, miniguns/stampeding guns or anti-tank rounds Must be UECU, Federal agencies, police and or military, weapons stored in government armory or depot.
5 Tanks, shells, fighter jets, attack helicopters, naval turrets, cannons, howitzers, Humvee launchers/turrets and bombs/missiles/rockets Must be military agency.
6 Weapons of mass destruction, radioactive materials, chemical weapons, biological weapons Must be high level military agency.

Political Debate & Gun Control

Everett's lenient gun control is often highly debated. While many anti-gun groups and politicians with hard stances against gun ownership rally the claims that strict gun control laws work in preventing crime, the President Spencer read a report during the 2nd Federal Assembly of States that under federal DoJ statistics and findings, that strict gun control resulted in criminal behavior to in the majority of places including high crime zones were not effected by gun control laws and that crime rates including gun related crimes did not lower and in some places, were reported as raised due to several locations heavy stances against legal ownership of firearms. President Spencer is noted as coining the phrase "Open Season Effect" in regards to the disarming of law abiding gun owners which she stated the only true effect of gun control laws was that law abiding citizens were either disarmed, lost renewable access to licensing, were unable to purchase, own or use firearms and therefore, law abiding citizens were unarmed targets for criminals who disregard gun control law, therefore being capable of arming themselves with firearms, many of which are reported by federal agencies as illegal weapons used in violent criminal offenses. This effect, coined by Spencer as the "Open Season Effect" basically alerted criminals in gun free zones and cities where firearms were illegal as Designated Crime Zones in which a criminal would knowingly be capable of committing a criminal act without the risk of the victim or victims being capable of defending themselves. The report read by the President also noted that areas in which firearms are owned widespread by registered and or licensed gun owners, criminal activities in these cities or regions was far less, especially instances of home invasions, carjackings, business robberies and other violent offenses due the the fear in criminals that a potential victim is armed as well and capable of defending themselves with lethal force.

During a debate with President Spencer in 2011, a liberal politician from New York's State Assembly attempted to engage in a debate over gun control in which the President ended the debate with a DoJ report that since the change of federal gun regulations and leniency in legal gun ownership, violent crime rates decreased by 45% due to gun laws in the Union of Everett. The gun mortality rate was also stated to have been notably changed since the inception of self defense rights in which violent offenders were reported killed during a criminal attack more often than victims. Spencer ended the debate stating, "When Seconds Count, The Police Are Only Minutes Away".