State Handling of All Firearms and Training Act

State Handling of All Firearms and Training Act of 2021
 

THE PEOPLE OF THE STATE OF SAN ANDREAS DO ENACT AS FOLLOWS:

CHAPTER I. GENERAL PROVISIONS

SECTION I. TITLE

This title shall be known and may be cited as the "State Handling of All Firearms and Training Act."

SECTION II. FINDINGS & DECLARATIONS

(a) For the purposes of this law and all references to this law, "municipal authority" and all variations are referencing the primary municipal governing authority of a city/county or their agents or subdivisions, where applicable, as determined by the governing body of said region regardless of this Act.

(b) For the purposes of this law and all references to this law, "licensee" and all variations are referencing the individual person in possession of an authorized firearm license, where applicable.

(c) For the purposes of this law and all references to this law, “firearm licensing” and all variations are referencing the licensing requirements and regulations of this Act.

(d) For the purposes of this law and all references to this law, "state court" and all variations are referencing the established state judiciary authority of a region, county, municipality, or other established subdivisions of government, where applicable.

(e) For the purposes of this law and all references to this law, “semi-automatic” refers to the function of a firearm using the force of recoil or gas to eject the empty case and load another cartridge into the firing chamber for the next shot per trigger pull and rifles that are equipped with up to 2x magnifying optics.

(( The following items meet the definition (e): Combat Pistol, Heavy Pistol, Pistol, Pistol .50, SNS Pistol, Vintage Pistol, Pistol Mk II, SNS Pistol Mk II))

(f) For the purposes of this law and all references to this law, “machine gun” refers to a firearm that has the function of firing more than one shot without manual reloading, by a single function of the trigger.

(( The following items meet the definition (f): AP Pistol, Assault Shotgun, Assault SMG, Combat MG, Combat MG Mk II, Combat PDW, Gusenberg Sweeper, Machine Pistol, MG, Micro SMG, Mini SMG, SMG, SMG Mk II, Assault Rifle, Assault Rifle Mk II, Bullpup Rifle, Bullpup Rifle Mk II, Carbine Rifle, Carbine Rifle Mk II, Compact Rifle, Special Carbine, Special Carbine Mk II, Minigun ))

(g) For the purposes of this law and all references to this law, “modified weapon” refers to any firearm with the following modifications:
 

- Silencer
- Bump Stock
- Any and all modifications that alter a firearm into a machine-gun

(h) For the purposes of this law and all references to this law, “ destructive devices” refers to any of the following:

·    (1) item of explosive, incendiary, or poison gas which has a propellant charge of more than 4 ounces, missile having an explosive charge of more than 1/4 ounce, mine, as well as any device that may launch any of the aforementioned items.     

(( The following items meet the definition (1): Compact Grenade Launcher, Grenade Launcher, Railgun, Rocket Launcher, BZ Gas, Grenade, Molotov Cocktail, Proximity Mine, Pipe Bomb, Sticky Bomb, Tear Gas ))    

(i) Devices used for signal purposes only (i.e. flares or smoke) are exempt from the destructive device definition so long as the launcher, if applicable, is not accompanied with the aforementioned items found under definition (1). However if signal devices are used in an anti-personnel manner then they shall be deemed destructive devices.

(( The following items meet the definition (1(i)): Flare, Flare Gun, Firework Launcher ))       

(2) Any weapon by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or another propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter (.50 inches or 12.7 mm), except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes;   

(( The following items do not meet the definition (2): Pump Shotgun, Heavy Shotgun, Pump Shotgun Mk II, Bullpup Shotgun ))

(3) Any combination of parts either designed or intended for use in converting any device into a destructive device as defined in subparagraphs (1) and (2) and from which a destructive device may be readily assembled.   

(4) Any firearm or launcher used in conjunction with anti-personnel ammunition that easily expands or flattens in the body; ammunition that is designed to penetrate ballistic armor and protective shields intended to stop or deflect conventional bullets; ammunition that consists of a soft core encased in an outer shell of harder metal. Any and all special types of incendiary-effect rounds and shells that may consist of magnesium pellets/shards, or any pointed steel projectiles that have a vaned tail for a stable flight.  

(( The following ammunition types meet the definition (4): Incendiary Rounds, Armor Piercing Rounds, Full Metal Jacket, Dragon’s Breath Shells, Flechette Shells, Explosive Slugs, Explosive Rounds, Hollow Point Ammunition ))

(i) - For the purposes of this law and all references to this law, “bolt action” refers to the function of a firearm requiring the manual action of operating the bolt in order to eject and load cartridges per shot, per trigger pull.    

(j) - For the purposes of this law and all references to this law, “lever action” refers to the function of a firearm requiring the manual action of operating the lever in order to eject and load cartridges per shot, per trigger pull.    

(k) - For the purposes of this law and all references to this law, “revolver” refers to a firearm with a revolving cylinder with multiple chambers and only one barrel for firing.

(( The following items meet the definition (k): Double Action Revolver, Heavy Revolver, Heavy Revolver MkII ))     

(l) For the purposes of this law and all references to this law, “break action” refers to a firearm in which the barrel is hinged to the bore axis and requires for it to be rotated to expose the breach.

(( The following items meet the definition (l): Marksman Pistol ))         

(m) - For the purposes of this law and all references to this law, “short-barreled rifle” refers to a rifle having a rifle barrel of less than 16 inches in length or a weapon made from rifle having an overall length of less than 26 inches or a barrel(s) of less than 16 inches in length.          

(n) - For the purposes of this law and all references to this law, “short-barreled shotgun” refers to a shotgun having a smoothbore barrel or barrels of less than 18 inches in length or a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel(s) of less than 18 inches in length. 

(( The following items meet the definition (n): Bullpup Shotgun, Sawed-Off Shotgun, Sweeper Shotgun ))         

(o) - For the purposes of this law and all references to this law, “any other weapon” is any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive other than a handgun with a rifled barrel. 

(( The following items meet the definition (o): Double Barrel Shotgun ))

(p) - For the purposes of this law and all references to this law, “suppressor” is any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts intended for use in assembling or fabricating a firearm suppressor.        

(( The following items meet the definition (p): Suppressor ))           

(q) - For the purposes of this law and all references to this law, “scoped rifle” refers to a firearm with a magnifying optic greater than 2x magnification.

(( The following items meet the definition (q): Sniper Rifle, Heavy Sniper, Heavy Sniper Mk II, Marksman Rifle, Marksman Rifle II, Hunting Rifle ))     

(r) - For the purposes of this law and all references to this law, “law enforcement officer” refers to any individual who is an employee or volunteer of a government agency, whose duties include the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest.     

(s) - For the purposes of this law and all references to this law, “used firearms” refers to a firearm that has had at least one owner registered with its serial number.          

(t) - For the purpose of this law and all references to this law, “new firearms” refers to a firearm that has had no owners registered with its serial number.        

(u) - For the purpose of this law and all references to this law, “law enforcement agency” refers to any agency responsible for the enforcement of federal, state, and/or municipal laws, within the jurisdiction of the State of San Andreas.

(v) - For the purpose of this law and all references to this law, “place of business” refers to any store, warehouse, manufacturing establishment, place of amusement or recreation, service station, food handling establishment, or any other place where people are employed or are served services.

SECTION III: GOVERNMENT LICENSING AUTHORITY

 (a) The State of San Andreas hereby delegates authority over the issuance and enforcement of all firearm licensing within their established jurisdictional bounds. This authority is delegated to the municipal authority by the state and shall include, but not be limited to, the following sorts of licenses and/or permits;

·    Personal Firearms License

·    Concealed Carry Firearm License

·    Security Guard License

·    Law Enforcement Concealed Carry of Weapons License

(b) The State of San Andreas authorizes the municipal authorities to levy fees regarding the issuance of a license or permit. The fees are to be defined as follows;

·    No fee shall be charged for a Personal Firearm License

·    $5000 for a Concealed Carry Weapon License

·    $5000 for a Security Guard License

(c) The San Andreas State Senate shall be the only body authorized to form additional regulations, restrictions or to amend the SHAFT Act at the request of the municipal governments and, or, the delegated authority over the issuance and enforcement of firearm licensing.

SECTION IV: PERSONAL FIREARMS LICENSING

 (a) The State of San Andreas declares that the following requirements for obtaining and maintaining a Personal Firearm License must be observed. These requirements are as follows;

·    Licensee must be at least eighteen years of age if intending to purchase a rifle or shotgun, or twenty-one years of age if intending to purchase a handgun.        

·    Licensee must be a lawful resident in the State of San Andreas.      

·    Licensee, as a condition of receiving the license, must submit a valid photograph and fingerprint card in line with the licensing authority’s requirements. 

·    Licensee must not have been convicted of a felony, violent misdemeanor, or the following misdemeanors:

Any San Andreas Penal Code, Title II misdemeanor

Any San Andreas Penal Code, Title VI misdemeanor

506. Possession of a Controlled Substance

507. Possession of a Controlled Substance with Intent to Distribute

In the United States of America, unless that conviction has been overturned or expunged.
 

·    Licensee is not a fugitive from justice, is not on probation, and is not on parole.        

·    Licensee must not be an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance.      

·    Licensee must not have been adjudicated as mentally defective or have been committed to a mental institution.    

·    Licensee must not have been dishonourably discharged from the armed services of the United States military.         

·    Licensee must not be subject to any court order restraining the licensee from harassing, stalking, or threatening a child or an intimate partner or child of such partner.

·    Licensee shall not be subject to a court order of protection or any court order to not own or possess firearms.

·    Licensee must not have been convicted of any form of domestic violence.    

·    Licensee must be a citizen or a permanent resident of the United States of America.          

·    Licensee must have never renounced their United States citizenship.        

 
·  Licensee must possess a San Andreas State-issued Driver’s License, or a valid document that meets the statutory definition of an identification document in the United States of America.    

SECTION V: CONCEALED CARRY WEAPON LICENSE

(a) The State of San Andreas declares that the following requirements for obtaining and maintaining a Concealed Carry Weapon License must be observed. These requirements on a state level are as follows;

·    Licensee must possess a valid Personal Firearms License and adhere to all requirements outlined in this Act. 

·    Licensee must pass a knowledge exam demonstrating an understanding of safe firearm handling through the licensing authority or approved vendor by said licensing authority.

·    Licensee may need to provide ‘good cause’ to the municipal authority, ‘good cause’ shall be defined by the licensing authority. 

·    Licensee must not act as a security guard of any type with a concealed firearm or exposed firearm unless they have a Guard Card.

·    Licensee must only concealed carry firearms denoted on their license.

SECTION VI: SECURITY GUARD LICENSE

(a) The State of San Andreas declares that the following requirements for obtaining and maintaining a Security Guard License must be observed. These requirements on a state level are as follows;

·    Licensee must possess a valid Personal Firearms License. Law Enforcement Officer Concealed Carry Licenses may be substituted for this requirement.        

·    Licensees must also have never been convicted of any crime where deception was a factor (ie: theft, embezzlement, fraud) unless that conviction has been overturned.         

·    Licensee must possess a valid High School Diploma or GED.        

·    Licensee must display a copy of their security guard license upon request to a police officer when in possession of an exposed or concealed firearm during active work within their scope of employment.

(b) Municipal authorities may dictate the title for the Security Guard License as long as the title chosen conveys that the license identifies the individual as a certified Security Guard.

SECTION VII: LAW ENFORCEMENT OFFICER CONCEALED CARRY WEAPONS LICENSE 

(a) The State of San Andreas declares that the following requirements for obtaining and maintaining a Law Enforcement Officer CCW License must be observed, as the baseline for which additional regulations and requirements may be codified by a licensee's hiring agency. These requirements on a state level are as follows;

·    Licensee must have read and understood the licensing requirements for the PF and CCW licenses.

·    Licensee must be actively employed as a peace officer as defined by Sections 807, 809 or 811 of the San Andreas Penal Code.

·    Licensee must have an official endorsement and sponsorship by their hiring agency.

·    Licensee must have passed their probationary period as denoted by the hiring agency.

·    Licensee, as a condition of receiving the license, must submit a valid photograph and fingerprint card in line with the hiring agency's requirements.
 

(b) The Law Enforcement Officer Concealed Carry Weapon License will carry the same privileges as only the PF and CCW license.

(c) The Law Enforcement Officer Concealed Carry Weapon License shall be revoked upon the licensee's end of employment with the hiring agency, or upon revocation of endorsement from the hiring agency. 

(d) All accredited law enforcement agencies in the State of San Andreas are responsible for issuing and tracking Law Enforcement Officer Concealed Carry Weapon Licenses for sworn members of their department.

SECTION VIII: POSSESSION OF FIREARMS

(a) No person shall be authorized to be in possession of a firearm unless;

·    The person holds a valid Personal Firearms License.        

·    That person is a government employee authorized to carry a firearm by a licensing authority and is acting within the scope of employment.      

·    The person is an employee of a business where handling firearms is part of the scope of employment and has the appropriate license (ie: gun stores).        

·    The person is in temporary possession of a firearm at a licensed gun store and is not prohibited from obtaining a valid Personal Firearms License.

·    The person is in temporary possession of a firearm within a hunting or sporting zone designated by the State or Municipal Government and is not prohibited from obtaining a valid Personal Firearms License.         

·    The person is in possession of the firearm for a verifiable reason that promotes public safety such as but not limited to;      

·     Finding an abandoned firearm in public and turning it over to the police.

·     Taking control of a weapon from a suicidal or homicidal person.

SECTION IX: CARRYING OF FIREARM

(a) No person shall carry an exposed firearm unless;

(i) ·    The person is a law enforcement officer or an authorized state official while on duty; or

·    The person holding a valid Guard Card, in accordance with Section VI of this Act, is on company property, acting within their scope of employment.

(ii) ·    The person holds a valid Personal Firearms License; and

·    The person is located within the designated unincorporated areas of San Andreas, as defined under Section XVI of this Act.

(iii) ·    The person is on private residential property or place of business owned by them, or a person who consents to them carrying the exposed firearm on their property.

(b) Any person open carrying their firearm must adhere to the following;

·    The person must keep their handgun properly holstered to their hip or leg; and

·    The person carrying their holstered handgun may keep the handgun loaded or unloaded; and

·    The person carrying a long gun must never point the muzzle at another person. The person may carry the long gun using the trail carry, two-hand carry, side carry, cradle carry, shoulder carry, or sling carry technique; and 

·    The person carrying the long gun must keep it unloaded at all times.

(c) No person shall carry a concealed firearm unless;

·    The person holds a valid Concealed Carry Weapon License, in accordance with Section V of this Act, or a Law Enforcement Concealed Carry Weapon License, in accordance with Section VII of this Act.

·    The person holds a valid Security Guard License, in accordance with Section VI of this Act, is on company property, acting within their scope of employment. 

·    The person is a law enforcement officer acting or an authorized state official acting within the scope of their employment.

·    The person is on private residential property owned by them or a person who consents to them carrying a concealed firearm on the property.

(d) No person shall carry a firearm on them, except law enforcement officers or licensed security professionals acting within their scope of employment, or any individual with expressed or written permission from an authorized representative of the property into the following properties or zones: Government owned buildings, Police Stations, Fire Stations, Courthouses, Hospitals, Schools and/or Universities and Correctional Facilities.

(e) A person who displays a firearm in a valid self defense situation, with no viable legal alternative will enjoy protection from a charge under Title VI of the penal code. 

(f) The legal open carry of a firearm alone shall not constitute probable cause for a police stop.

(g) No person under the influence of marijuana, narcotic drug, mind altering drug, any other controlled substance, or exceeding 0.08% BAC shall be in the possession of a firearm on their person.
 

SECTION X: POSSESSION AND CARRYING OF PROHIBITED FIREARMS

(a) No person shall be in possession and carrying of a machine gun, short-barreled rifle, short-barreled shotgun, modified weapon, scoped rifle, any other weapon, destructive device, or suppressor unless;

·    The person is authorized by the delegated authority over the issuance and enforcement of all firearm licensing, also known as a licensing authority, as outlined in Section III of the SHAFT Act, and

·    The person is fit to carry a firearm in accordance to the criteria set forth by this Act, as outlined by Sections IV, V and, or, potentially VII.
 

·    The person is a law enforcement officer employed by a law enforcement agency and is acting within their scope of employment or is an authorized state agent acting within the scope of their duties.

(b)  A person found in possession and carrying of a machine gun, short-barreled rifle, short-barreled shotgun, modified weapon, scoped rifle, any other weapon, destructive device, or suppressor while retaining the authorization to do so under Section X(a) shall do so by adhering to Section IX of this Act.

(c)  A person may be in the possession and carrying of a scoped rifle whilst complying with the Hunting and Animal Protection Act of 2021.

SECTION XI: TRANSFERRING OF FIREARMS

(a) No person shall transfer a firearm unless:

·    The transfer is temporary, is done for either hunting, fishing, camping, or a training purpose, and the owner of the firearm does not have reason to believe that the person they are temporarily transferring the firearm to is not prohibited from obtaining a valid Personal Firearms License. Firearms can also be temporarily transferred to other persons for display or recreational conversation as long as the weapon is not loaded.

·    The firearm is being given to an on duty Law Enforcement Officer who is acting in the scope of their employment.

SECTION XII: SALE OF FIREARMS

(a) No person shall sell a used firearm unless the sale is conducted in conjunction with the licensing authority, before finalizing the sale of the firearm.

(b) No person shall sell a new firearm unless the sale is conducted by a business with the appropriate licensing as determined by Section 201 of the San Andreas Business Licensing & Municipal Accountability Act or unless the sale is conducted by a licensing authority.

(c) Violation of this Section shall be treated as an offence, punishable with up to 24 hours imprisonment or $5,000 fine, or both.

SECTION XIII: FIREARM TRACKING & ACCOUNTABILITY

(a) All firearms manufactured, sold, or possessed within the state are required to have a valid serial number etched onto the receiver of the firearm and to have that serial number registered with the U.S. Bureau of Alcohol, Tobacco and Firearms (ATF). Firearms that have been manufactured, sold, or possessed before the enactment of this law that does not meet these requirements will be given a grace period of one month from the date of enactment of this law to ensure registration is achieved with a licensing authority.

(b) Firearms that do not have valid serial numbers on them are required to report to a licensing authority to have a serial number etched onto the firearm and to have it registered or to have the firearm destroyed by a licensing authority.

(c) Firearms that are to be destroyed must be taken to a law enforcement officer and surrendered to the appropriate representative of the law enforcement agency.

(d) Firearms that are lost or stolen must be reported within 72 hours, failing which the owner shall only be liable to civil consequences that may arise out of the use of such firearms.

(e) Firearms must be accounted for, by their owners, at an interval not exceeding 24 hours, with any loss or theft thereof being reported in accordance with sub-clause (d) above.

(d) The State of San Andreas shall, through a local liaison with the U.S. Bureau of Alcohol, Tobacco and Firearms (ATF), provide information, transactional history and serial numbers via the Firearms Transaction Record form to law enforcement agencies. 

SECTION XIV: STORAGE & TRANSPORTATION

(a) Firearms that are in the process of being transported in a vehicle, or from a resident or commercial property from one location to another will be subject to the following provisions:           

· Must be announced to law enforcement in the event of a law enforcement stop. The announcement is to be made at the beginning of the stop, as soon as contact is made with the law enforcement official. This provision shall not apply to concealed carrying of legal firearms. 

· The firearm will be unloaded and transported in an enclosed container. Devices that are listed as acceptable would be an enclosed compartment of a vehicle, or a metal or fabric gun case. Carrying a firearm concealed is an exception.

·    This shall also apply to any searches of residential or commercial property where firearms are present as long as the proper licenses have been issued.

SECTION XV: SHAFT & PENAL CODE AUTHORITY

(a) All violations of the SHAFT Act shall be given special standing and definition under the San Andreas Penal Code. A SHAFT violation will not be charged in conjunction with another Title 6 crime, instead, the Title 6 crime will be charged instead.

(b) Being charged with any crime that would result in violating any of the sections of the State Handling of All Firearms and Training Act will result in an indefinite suspension of all firearm licenses during the court proceeding and revoked upon conviction, if applicable. Otherwise, all suspended firearm licenses shall be reinstated. 

SECTION XVI: DEFINING INCORPORATED AND UNINCORPORATED AREAS OF SAN ANDREAS

(a) The Office of the Governor of San Andreas shall determine boundaries of unincorporated and incorporated areas of San Andreas with the consent of the San Andreas Senate by a simple majority vote.