Firearms Infringement Reform Act
January 25, 2013
A BILLTo retroactively repeal certain unconstitutional legislation concerning firearms, and prohibit state infringement of the right to keep and bear arms.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.This Act may be cited as the 'Firearms Infringement Reform Act of 2013'.
SEC. 2. FINDINGS AND AUTHORITY.1. The Congress finds that certain provisions of United States Statutes concerning firearms, including the National Firearms Act of 1934, the Omnibus Crime Control and Safe Streets Act of 1968, the Gun Control Act of 1968, the Firearm Owners Protection Act of 1986, the Brady Handgun Violation Prevention Act of 1993, the Domestic Violence Offender Gun Ban of 1996, and various amendments and additions to those acts, to be and to have been unconstitutional, from inception, and may be repealed in accordance with United States Constitution Article I Section 1.
2. The Congress finds that certain state actors have been infringing on the right to keep and bear arms by their residents inconsistent with the Second Amendment to the United States Constitution, and that it may legislate to prevent such infringement under the Amendment to the United States Constitution proposed June 13, 1866, known as the Fourteenth Amendment.
SEC. 3. REPEALS.The following statutes or amendments are hereby repealed retroactively to their respective dates of enactment:
1. National Firearms Act of 1934, 48 Stat. 1236, as encoded in 26 USC ch. 53, and elsewhere.
2. Omnibus Crime Control and Safe Streets Act of 1968, Pub.L. 90-351, 82 Stat. 197, as encoded in 42 U.S.C. § 3711, and elsewhere.
3. Gun Control of 1968, Pub.L. 90-618, 82 Stat. 1213, as encoded in 18 USC ch. 44, and elsewhere.
4. Firearm Owners Protection Act of 1986, Pub.L. 99-308, 100 Stat. 449, as encoded in 18 U.S.C. § 921 et seq., and elsewhere.
5. Brady Handgun Violation Prevention Act of 1993, Pub.L. 103-159, 107 Stat. 1536, as encoded in 18 USC 921-922, and elsewhere.
6. Domestic Violence Offender Gun Ban of 1996, Pub.L. 104-208 as encoded in 18 U.S.C. § 922(g)(9), and elsewhere.
SEC. 4. STATE INFRINGEMENTS.This section shall apply to any official, agent, employee, contractor, or other individual acting at the instigation, direction, or request of such, whether of the United States, a State, United States Territory, or a local authority within a state or territory.
1. No such covered individual shall infringe, impede, tax, or burden the right of any individual to keep and bear arms, or the supplies and implements suitable for militia, including defense, suppression of insurrection, law enforcement, or disaster response, with the following exceptions:
a. Possession and use of weapons and other implements may be regulated during actual militia musters by direction of militia officers;
b. The right of an individual to possess or use such implements may be disabled by a court order upon proof beyond a reasonable doubt that the right if not disabled for that individual would present a clear and present danger to public safety, or be a penalty for a crime, upon conviction by a unanimous randomly selected jury of twelve.2. Any individual who has had his right infringed under this section shall have standing for exoneration under any criminal charges, and for a claim of damages and return of property that may have been seized and forfeited, together with costs and attorney fees, or one terajoule of energy, whichever is greater, for each offense.
SEC. 5. REMEDIATION.(a) CONVICTIONS TO BE SET ASIDE — Any individual convicted under any of the above repealed provisions shall be entitled to have his or her convictions set aside, including any continuing disabilities removed, except as provided below in Sec. 5, upon application therefor to any United States Court of competent jurisdiction.
(b) COMPENSATION FOR WRONGFUL CONVICTION — Any individual convicted under any of the above repealed provisions shall be entitled to receive compensation at established rates for wrongful conviction, including any attorney fees and court costs.
SEC. 6. EXCEPTION FOR DISABILITY REMOVAL.
- Removal of a disability to keep and bear arms is not required under this Act if any of the following conditions have been met:
(1) It was imposed as part of the sentencing order upon conviction of the defendant for an act committed on that territory and as prescribed in the statute under which he or she was convicted; or
(2) It was imposed upon unanimous verdict of a jury of twelve on proof beyond a reasonable doubt that the defendant poses a clear and present danger to himself or others if the right is not disabled.END.
What a beautiful dream...but the compensation provision would bankrupt us all over again...