Amendment XXVIII


Section 1.

Whereas: The necessity of a free state to have a well regulated militia being fully satisfied by the various State National Guard units; and,

Whereas: The right of the people to be safe and secure in their persons, domiciles and in all public places being paramount; therefore,

Upon ratification of this article, the Second Amendment to the Constitution of the United States is immediately repealed.

Section 2.

Sale, possession or use of automatic firearms, assault rifles, large capacity ammunition magazines, bump stocks and all other firearm modifications designed to create automatic fire weapons, ghost guns, silencers and ammunition designed for warfare are strictly prohibited. The official collection of banned materials from private hands, the time period for such collection and the determination of proper compensation, if any, for the relinquishing of banned materials shall be as proscribed by Congress through legislation.

Anyone found to be in possession of banned firearm materials beyond the final date set forth by Congress for turning in such materials will be guilty of a felony with penalties as defined by Congressional legislation.

Section 3.

The transportation, distribution or importation into any State, Territory or possession of the United States for delivery or use therein of prohibited firearm materials intended for private sale or possession is a felony subject to such penalties as Congress shall establish.

Section 4.

Ownership of handguns, hunting rifles and shotguns shall be allowed by permit only. Permission for such ownership shall be as specified by Congress. At all times such ownership shall be subject to the following provisions:

1. All private citizens seeking ownership of any firearm shall undergo a thorough background check to determine whether such citizens are capable of and likely to follow legal and safety rules of ownership. No person having been found guilty of violent behavior shall be allowed to own firearms.

Failure to successfully complete  this background check shall disqualify any citizen from firearm ownership and possession. Background checks shall be defined by Congress and shall be subject to adjustment through legislation as Congress shall from time to time deem appropriate.

2. All owners of firearms shall secure liability insurance against harm to others as Congress shall require. Firearm owners shall keep such insurance in force at all times.

3. Prior to delivery into private hands of any legal firearm, the owner(s) shall undergo use and safety training as Congress shall deem to be required. Any citizen failing to successfully complete such use and safety training shall be prohibited from owning and from possessing any firearm.

4. No person or household shall be allowed to possess more than three (3) firearms at any time.

5. Use of an otherwise legal firearm in the commission of any misdemeanor or felony shall cause the perpetrator to be subject to a mandatory minimum sentence in federal prison of not less than five (5) years, regardless of whether such firearm is discharged during the commission of a misdemeanor or felony.

6. When privately owned firearms are not in use they must be stored in a locked cabinet or storage device that meets all security provisions as Congress shall define. Firearms in storage must be unloaded. Ammunition must be stored in a similar manner and separate from all firearms.

7. The right of firearm ownership shall be terminated upon any illegal use of a firearm and all firearms owned by any person using any firearm illegally shall be surrendered to law enforcement authorities immediately.

8. Congress shall create by legislation an Extreme Risk Law to allow for an intervention to temporarily prevent any citizen in crisis from accessing firearms of any type.

9. No person under the age of 21 years shall be allowed to own or possess any firearm of any kind.

Section 5.

Upon ratification of this article, the following types of legislation, whether federal, state or local, are immediately revoked and made null and void:

The Protection of Lawful Commerce in Arms Act of 2006

Any and all laws authorizing open carry of firearms

Any and all Stand Your Ground laws

Any and all permit-less concealed carry laws

Section 6.

Congress shall establish a complete list of zones where it is illegal for any private citizen to carry or possess firearms at any time, including schools, college campuses, daycare centers, playgrounds and other places where children gather, bars and restaurants that serve alcohol, any public gathering, whether indoors or outdoors, public demonstrations and rallies, airports, polling places, courthouses and other locations as Congress shall determine. Simple possession of firearms in such places shall be a felony, with penalties as defined by Congress through legislation.

Section 7.

Congress shall have the power to enforce and adjust this Amendment through appropriate legislation as Congress shall from time to time deem appropriate and necessary for the safety of the citizens of the States, Territories and possessions of the United States of America.

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution of the United States by the legislatures of three-fourths of the several States within seven years from the date of its submission.

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Click the pic

America should be judged by the small coffins it tolerates.


Finally,

Cooler heads have a clear message for us regarding the indictment of Donald Trump. They tell us that this is a sober time. Never before have we indicted either a former president or a presidential candidate, much less both at the same time. These are weighty charges carrying grave and far-reaching consequences.

Yet as David Frum wrote in The Atlantic,

“It’s a solemn and sad moment. It’s also a fiercely just moment.”

This is a time of joy for our nation. This is a moment to celebrate the beginning of the restoration of the rule of law and accountability. This is when we make it more than an easy slogan that no one is above the law. This is when it becomes so. Just this indictment is a victory for us all.

I wrote in this space last Friday,

Remember this day, March 30, 2023, so that you can tell your grandchildren that this was the moment when justice began to return to America.
.

I’m right about that.

Whether Trump is found guilty of any of the 30+ charges against him is not the point right now. His behavior looks like fraud, smells like conspiracy and perp walks like illegal campaign contributions. Trump deserves to be put on trial for these and whatever other charges District Attorney Alvin Bragg has for him. Let this man who has never been held accountable at last face the music for his deeds.

And we can dance in the streets to that music.


Today is a good day to be the light.

______________________________

  • Our governance and electoral corruption and dysfunction and our ongoing mass murders are all of a piece, all the same problem with the same solution:
  • Fire the bastards!
  • The days are dwindling for us to take action. Get up! Do something to make things better.


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Copyright 2024 by Jack Altschuler
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4 Responses to Amendment XXVIII
  1. David L Lindgren Reply

    Normal grandiosity is needed and are supplying it, Jack. Your articulation of each Section needs to be sent to Congress. Thanks for all the time that you spend researching this important agenda. Admiring your talent.

  2. Jim Altschuler Reply

    I am very much in favor of this proposed amendment to the Constitution of the United States of America and, I might add, long overdue. The one shortcoming is that too many sections of this amendment are subject to the determination and action of the Congress who, as we know, have been non-responsive to demands for such legislation. This begs the question of whether (as I suspect will happen) the Congress will drag its feet for morevl than the allotted 7 years thereby killing the amendment by inaction.

    As to Trump, I certainly concur. I question, however, whether the state of New York (or the Congress if it ever charges Trump on Federal counts) has the wherewithal and funding for what is sure to be severely protracted litigation. I really hope so; We The People deserve to have him pay for his many crimes.

    • David L Lindgren Reply

      Good Morning, you “question” each proposition. Understandable! Yet, worrying re the finality of congressmen getting it and passing it only prolongs the “fight” that is necessary to bring Jack’s proposition to the public.