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San Andreas Licensing Tier Act of 2016

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Licensing Tier Act

 

Passed by the 113th Congress of the State of San Andreas, at the third session began and held in the City of Los Santos on Sunday, the twelfth day of June, two thousand and sixteen.

 


Chapter I—Foreword

 

Sec. 101Definitions.

(a) For the purposes of this law and all references to this law, "primary law enforcement agency" and all variations are referencing the primary county law enforcement agency or their agents or subdivisions, where applicable.

 

(b) For the purposes of this law and all references to this law, "secondary law enforcement agency" and all variations are referencing municipal law enforcement agencies, their agents, or subdivisions, where applicable.

 

(c) For the purposes of this law and all references to this law, "tertiary law enforcement agency" and all variations are referencing state-wide law enforcement agencies and their agents or subdivisions, where applicable.

 

(d) For the purposes of this law and all references to this law, "quaternary law enforcement agency" and all variations are referencing federal law enforcement agencies and their agents or subdivisions, where applicable.

 

(e) In the even that one type of law enforcement agency is referenced which is not present, the authority shall transfer down to the next available agency, listed in alphabetical order from Chapter 1, Sec. 101.

 

(f) 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 Chapter III.

 

Sec. 102Short Title and Table of Contents.

(a) This  Act  may  be  cited  as  the  ‘‘San Andreas Licensing Tier  (SA SALT ACT)  Act of 2016".

 

Chapter I—Foreword

Sec. 101—Definitions.

Sec. 102—Short Title and Table of Contents.

Sec. 103—Overriding Statute of Previous Law.

 

Chapter II—Enhancing Domestic Licensing For Firearms

Sec. 201. General Licensing Regulations.

Sec. 202. Authority for Issuance of License.

Sec. 203. Clarification of Authority for Municipal/County/State Firearms Licensing.

Sec. 204. Creation of Statewide Firearms Licensing Database.

Sec. 205. Designation of Enforcement Authority.

 

Chapter III—Tier Licensing System

Sec. 301. Tier 1 Regulations.

Sec. 302. Tier 2 Regulations.

Sec. 303. Tier 3 Regulations.

 

Chapter IV—Controlling The Weapon Supply

Sec. 401. Legal Firearms.

Sec. 402. Restricted Firearms.

Sec. 403. Other Weapon Regulations.

Sec. 404. Modifications of Firearms.

 

Sec. 103— 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

 

Sec. 201—General Licensing Regulations.

(a) The State of San Andreas hereby delegates the Primary Law Enforcement Agency power to carry out and enforce all firearm regulation provided within this document. The Primary Law Enforcement Agency 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 Judge of the Superior Court of Leader of the Primary Law Enforcement Agency if deemed necessary. (( 10 Days on server. And 25 hours IG. ))

(5) Licensee does not hold a criminal record consisting of any felony, or misdemeanors against property or person and may be temporarily denied for lesser misdemeanors that have been recorded within the past two years. ((2 weeks.))

(6) Licensee must complete and pass a reasonable in length and difficulty, yet thorough, firearms safety course, which shall include instruction on firearm safety and the law regarding the permissible use of a firearm, to be administered by the Primary Law Enforcement Agency, with 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. Should the test be failed, a proper grading system must be in place and the licensee shall be informed where they failed.

(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 Primary 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 the Primary Law Enforcement Agency or state or county Medical Database, 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 state or county 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 firearms license for a period of two years, issued under the discretion of the Primary Law Enforcement Agency. After which the licensee is to be allowed to proceed with being licensed, assuming no more infractions or misdemeanors have occurred. (( 2 Months. ))

(3) Licensee may be required to write an essay at the discretion of the Primary 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 Primary Law Enforcement 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 re-apply two years after the injunction has been lifted. (( 2 weeks ))
 

Sec. 202—Authority for Issuance of License.

(a) The Leader of the Primary 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 firearms 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 and/or does not have a good cause for issuance.

 

(c) Any person who demonstrates illegal usage of his or her firearm and/or irresponsible usage or who earns a felony while in possession of a firearm may have his firearms license / permit revoked at the discretion of the Primary Law Enforcement Agency or the Superior Court of San Andreas.

 

(d) Judges of the Superior Court of San Andreas may issue, under written authority of the court, a firearms 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 Primary Law Enforcement Agency in order to possess a firearm within the State of San Andreas.

 

Sec. 203—Clarification of Authority for Municipal/County/State Firearms Licensing.

(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 Primary Law Enforcement Agency. All federal licensing concerns must be processed through the Bureau of Alcohol, Tobacco, Firearms and Explosives.

 

Sec. 204—Creation of Statewide Firearms Licensing Database.

(a) All firearms will be required to be registered with the Primary Law Enforcement Agency during the licensing process, for documentation into the new database managed by the Primary Law Enforcement Agency.

 

(b) The database henceforth referred to as the "Statewide Firearm Database," shall contain information about where exactly the firearm is stored and how updated the documentation on the weapon is. All documentation is subject to renewal every 3 years, to be administered by the Primary Law Enforcement Agency. (( 3 Months. ))

 

(c) All firearms purchased with the licensees firearm license, must be registered within 3 days from the date of purchase with the Primary Law Enforcement Agency, or it shall be categorized as an unregistered weapon under WF002.  

 

Sec. 205—Designation of Enforcement Authority

(a) The Primary Law Enforcement Agency reserves the right to conduct random inspections to ensure your firearm is properly stored, and complying with all Federal and State legislation. This authority shall only extend to your firearm to be considered a de facto search warrant for automatic search when requested to allow law enforcement officers to inspect your documentation and weapon, but cannot be used for investigating any other matter. Refusal to submit to these inspections may result in an Obstruction of Justice charge.

 


Chapter III—Tier Licensing System

 

Sec. 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 the leader of the Primary Law Enforcement Agency or Judge of the Superior Court of San Andreas.

 

(b) It shall be unlawful for anyone in the state of San Andreas to carry a firearm of any sort into a public place, defined as anywhere accessible by the general public, without holding a valid firearm permit (concealed or open), or a valid firearms permit for the class of firearm being carried. This includes on your person (concealed or unconcealed) or in your motorized vehicle.

 

(c) It shall be unlawful for anyone in the state of San Andreas possess, carry, utilize or otherwise harbor a firearm of any sort in a private dwelling or any sort of private property, such as a place of business, without holding a valid firearms permit (concealed or open), or a valid firearms permit for the class of firearm being carried. This includes on your person (concealed or unconcealed) or in your motorized vehicle.

 

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

(1) Any primary, secondary, tertiary or quaternary 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) Los Santos Department of Motor Vehicles office (DMV).

(6) Los Santos City Hall in Pershing Square.

(7) Libraries of the State of San Andreas.

(8) Public & Private Hospitals of the State of San Andreas.

 

without explicit written permission from the leader of  the Primary Law Enforcement Agency, the head of firearms licensing at the Primary Law Enforcement Agency or a Judge of the Superior Court of San Andreas... regardless... of possession of a valid firearms license. Qualified peace officers in the state of San Andreas are exempt from this section.

 

(e) Open carry is authorized of Tier 1 weapons but may be restricted in times of emergency at the discretion of the Primary, Secondary, Tertiary or Quaternary Law Enforcement Agency in their respective jurisdictions. This time of emergency must be clearly stated and available so all members of the public may reasonably know such a declared emergency exists. Opportunity for concealing the weapon must be given in the event that the carrier was not made aware of the declared emergency initially.

 

Sec. 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 registered Law Enforcement Officer. This license may not be issued for any other reason. Unless special permission is obtained by the leader of the Primary Law Enforcement Agency or Judge 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 by a municipal, county, or state government in the jurisdiction the licensee is seeking their license.

 

(b) It shall be unlawful for anyone in the state of San Andreas to carry a firearm of any sort into a public place, defined as anywhere accessible by the general public, without holding a valid firearms permit (concealed or open), or a valid firearms permit for the class of firearm being carried, issued by the Primary Law Enforcement Agency. This includes on your person (concealed or unconcealed) or in your motorized vehicle.

 

(c) It shall be unlawful for anyone in the state of San Andreas possess, carry, utilize or otherwise harbor a firearm of any sort in a private dwelling or any sort of private property, such as a place of business, without holding a valid firearms permit (concealed or open), or a valid firearms permit for the class of firearm being carried, issued by the Primary Law Enforcement Agency. This includes on your person (concealed or unconcealed) or in your motorized vehicle.

 

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

(1) Any primary, secondary, tertiary or quaternary 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) Los Santos Department of Motor Vehicles office (DMV).

(6) Los Santos City Hall in Pershing Square.

(7) Libraries of the State of San Andreas.

(8) Public & Private Hospitals of the State of San Andreas.

 

without explicit written permission from the leader of the Primary Law Enforcement Agency, the head of firearms licensing at the Primary Law Enforcement Agency or a Judge of the Superior Court of San Andreas... regardless... of possession of a valid firearms license. Qualified peace officers in the state of San Andreas are exempt from this section.

 

(e) Open carry is authorized of Tier 2 weapons but may be restricted in times of emergency at the discretion of the Primary, Secondary, Tertiary or Quaternary Law Enforcement Agency in their respective jurisdictions. This time of emergency must be clearly stated and available so all members of the public may reasonably know such a declared emergency exists. Opportunity for concealing the weapon must be given in the event that the carrier was not made aware of the declared emergency initially.

 

Sec. 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. (( FMT ))

 

(b) It shall be unlawful for explosives or high powered to be transported in personal vehicles, and violations of this shall be subject to being charged under appropriate terrorism legislation for transporting unauthorized explosive devices. Tier 3 holders are required by law to notify the respective primary law enforcement agency when transporting large quantities of weapons/explosives of Tier 3 in nature. The primary law enforcement agency has an obligation of, in the interest of the public trust, a courtesy escort of the Tier 3 materials to its storage location.

 

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

 


Chapter IV—Controlling The Weapon Supply

 

Sec. 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 proper licensing described in prior sections and titles.

 

Sec. 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.

 

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

(1) Personal defense weapons with a bore diameter of .50 inches or less.

(2) Submachine guns with a bore diameter of .50 inches or less.

(3) Automatic shotguns with a bore diameter of 12. gauge or less.

(4) Automatic rifles with a bore diameter of .50 inches or less.

(5) Any rifle with a magnified scope attached with a bore diameter of .50 inches or less.

(6) 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.

 

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

(1) Non-lethal explosive devices or projectiles.

(2) 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.

(3) Weapons of Mass Destruction.

(4) Weapons mounted on vehicles.

(5) Weapons fired from armored portholes.

 

Sec. 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 shall not exceed 3 inches in length, with the exception of batons and various melee weapons.

 

(c) Any items in the 'Unrestricted' category are free for any citizen to use and possess in a public area, so long as they are not used with criminal/unlawful intent;

(1) Knives not carried in a threatening manner. ((Must be a named weapon and indicated to be of legal length.))

(2) Batons and other blunt melee objects, so long as carried in a non-threatening manner.

 

with a threatening manner being defined as any demeanor that strikes fear into another person via intimidation, or physical strikes.

 

(d) Any items in the 'Unrestricted'(Private) category are free for any citizen to use and possess in a private area (such as home, business (with owners consent), automobile, etc.), so long as they are not used with criminal/unlawful intent;

(1) Other weapons excluding batons.

 

Sec. 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 or flash suppressors

(2) Grenade launcher or flare launcher

(3) Barrel modifications

(4) Modified pistol grips

(5) Magazine (Clip) attachments

(6) Armor-Piercing / Metal-Piercing rounds

(7) Slug loads (Breaching rounds)

(8) Incendiary rounds

 

(b)  Silencers, flash suppressors, armor-piercing/metal-piercing rounds, slug loads and incendiary rounds may not be carried off-duty by recognized peace officers unless a member of a tactical team under a primary, secondary, tertiary, or quaternary law enforcement agency or with authorization by the respective commanding officers of either tactical team. 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.

 

(c) It shall be unlawful for any person, other than a recognized peace officer, to possess, transport, or sell ammunition principally for use in a handgun, which is "designed primarily to penetrate metal or armor."

 

(d) Modifications not listed within this subject is subject to the approval of the Primary Law Enforcement Agency for rules and regulations.

Edited by ThatGuy

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Amendment 1

(a) Statewide database is required.

(b) Tasers are legal with Tier-1 licenses.

(c) Private security exception for Tier-2 licenses.

(d) Reworked the various legal and illegal guns with various licenses.

(1) PDWs, Subguns, Automatic Shotguns are now legal with a Tier-2.

(2) All bore diameters updated to .50 inches.

(3) Included break-action shotguns and rifles.

(4) Excluded armored-vehicle porthole weapon usage.

(5) Included projectile exception under breach charges and non-lethal weapons.

(6) All rifles are legal, regardless of their "look" like the AK. Limiting factors are technical capability. 

(e) Reworked slightly the requirements for various license tiers.

(1) Added reasonableness to the written exam.

(2) Removed "known trouble maker" exception.

(3) Removed "present during multiple interactions".

(4) Added "subject of gang injunction".

(f) Added definitions.

(1) Primary LEO

(2) Secondary LEO

(3) Tertiary LEO

(4) Quaternary LEO

(g) Updated all instances of "Los Santos County Sheriff's Department" with generic "Primary LEO"

(h) Updated all other references to law enforcement with a definition from section F above.

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Amendment 2 (Barnwood Amendment)

(a) Further defined the process for emergencies as declared by law enforcement, restricting open carry.

(b) Moved old definitions of Tier 2 weapons to the proper section.

(c) Adjusted language to further define when licenses may be prohibited.

(d) Clarified language requiring a valid hunting or private security permit for a Tier 2 license.

(e) Added additional language giving a grace period for turning in weapons related to license revocation.

(f) Added language clarifying the process for administering and grading applications for licenses.

(g) Removed redundant language regarding Tier 3 licenses and lawfully carrying weapons.

(h) Clarified language regarding license qualification and felonies.

(i) Removed some redundant language in the authority of issuance section.

(j) Added a definition for "weapon permit" and all variations thereof.

(k) Added a definition for cascading authority from primary to quaternary.

(l) Fixed random typos or grammatical errors.

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