To my American Country men,
In the wake of recent events and amid the torrid number of memes, posts, tweets, sound bites, news segments and comedic satire, I found myself engaged in discussions and debates like you. Then at several points during those discussions I was confronted by friends and community members. They argued that I was not providing any solutions to the issues of gun violence. Initially, I thought it irresponsible to provide a solution to this complex problem and it would be pompous to think a person who would provide a solution, has the right one. As a citizen of our nation my response began to haunt me. I observed over that last few day my critics had not proposed any solutions, provided any logical arguments or workable courses of action. I continued to observe our appointed leaders and our community and I saw us become more entrenched in our personal ideologies.
Soon I came to the realization that I chose one side of the congressional aisle. Not because I supported the party ideology but because I had no respect for the alternative candidates and their ideology. I caved to the polarization of our national government. That gave me pause this week as I was haunted by my reluctance to even recommend a solution to our nation's issues. Then an epiphany moment, I felt the government was not of the people. I was a citizen of a nation with a government that did not give me a sense of personal ownership. That sense of ownership you get when you read the Preamble of the Constitution.
Inspired by a part of the Declaration of Independence that reads "That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness." In the hope to constructively move our nation, its citizenry and government leadership to implement change to ensure the Security, Safety and Happiness of its citizens, and under that inspiration I suggest the following:
Fundamental reform without sacrificing our rights and freedoms or infringing upon the Bill of Rights of this great Nation. This government over that last two decades has become less productive and more polarized. Our Legislative and Executive branches inability to operate and improve our county is a symptom of this polarization. So why is there polarization in our government? Big Business, Special interests, entrenched party ideology, public ideology, redistricting, mass media or all of the above? The influence of many factors has eroded our "government of the people, by the people, for the people". At the heart of it all is our election process.
Election reform is long overdue and a necessity; one that is intended to limit partisans in the Congress and the Presidential office. Starting with election reform, institute compulsory voting for all American citizens 18 years and older, this will help to marginalize extremist's political representation and allow for a more bipartisan Congress. Then abolish the Electoral College process because it encourages the stability through the two-party system and polarizes the government. Also institute preferential voting. A system in which voters rank candidates in an order of preference, rather than voting for a single candidate. Ballots are initially distributed based on each elector's first preference. If a candidate secures more than half of the votes cast, that candidate wins. Otherwise, the candidate with the least number of votes is eliminated, and that candidate's ballots are redistributed in accordance with the preference order. The ballots are then recounted to see if a candidate has now received a majority. The process of eliminating one candidate and recounting is repeated until one candidate wins by obtaining more than half the votes.
Reform campaign finance, it poses an undermining threat to our democracy. While campaign finance within party candidate election processes would be allowed, the financing of a candidate for public office with hard and soft money would be illegal. All debate, election rallies and mass media advertising and associated expenses will be funded by the public office to which the candidates are seeking to be elected to. It will be the responsibility and duty of that public office to equally fund and support all candidates. With limited election budgets from each public office, all candidates will have to focus on platform issues, their communication skills, effective advertising and avoid engaging in negative campaigning.
Without election reform and the elimination of campaign financing, our government will continue to become more polarized. The grid locking of legislation will continue to the detriment of our future safety and security.
The next reform is to move America to a cashless society. This is done to reduce street crime, drug trade and black marketing. With the creation of a Federal Financial and Accountability Protection Act. The primary goal of the Act will be to protect the confidentiality and security of personal financial and spending information from being used to target, coerce, control and defraud the people. While protecting and providing the people a capability to develop probable cause to prosecute people committing crimes. American rights and freedom from financial information being used in unreasonable search and seizure and warrants issued without probable cause need to be strictly protected.
Along with this Act, we expand financial auditing capabilities to investigate criminal activities by law enforcement. It should not violate American rights of freedom from unreasonable search and seizure and freedom from warrants issued without probable cause. Once law enforcement establish probable cause then it may seek financial information to enforce the laws under the justice system, consistent with the policy and procedures of this country. This movement to a fundamental change in our financial structure puts all criminal activity at risk of discovery and at the very least provides a means to alert law enforcement to criminal activity, and the ability to track those who engage in illegal activities.
As we improve our foundational structures we can then seek to improve our safety and security of this great nation. Proactive laws and law enforcement policy and procedures will need to be instituted. The U.S. government’s consolidated Terrorist Watch list—a single database of identifying information about those known or reasonably suspected of being involved in terrorist activity and the “no fly list" potentially deprive citizens of their Fifth and Fourteenth Amendments rights. The relevant clause being “No person shall... be deprived of life, liberty, or property, without due process of law" (Fifth Amendment) and “nor shall any State deprive any person of life, liberty, or property, without due process of law” (Fourteenth Amendment). If the individuals warrant being on a watch list then the U.S. government, with probable cause, must file a motion for a public protective order barring access and possession of weapons by the individual; our citizens have the right to due process. Should the court find the individual presents a threat to public safety it may then issue an order that would place the individual in the national background check database; on a restricted from weapons possession list. We will continue to utilize the justice system to be the means for society to enforce the standards of conduct necessary to protect individuals and the community while protecting the individual citizen rights as written in the Constitution.
As for foreign country citizens on the terrorist watch list. If the individuals warrant being on that watch list then the US government must deport them and place the individual on a persona non grata no entry list. Should they violate any U.S. or state law, prosecute them under the law; if found guilty then incarcerate them until their country's government processes extradition. Once extradited place the individual on a persona non grata no entry list. Should their country's government not process an extradition, they will remain incarcerated. For those found guilty of capital crimes they will be sentenced in accordance with the law and held without extradition.
A National Mental Health Act would help to bring forth many of the needed changes in the care and treatment of our citizens who have mental health needs. In the Act, mental health practitioners would be required to report potentially violent patients to a judicial review board. The board will make the determination as provided by the Diagnostic and Statistical Manual of Mental Disorders (DSM), published by the American Psychiatric Association. If the review board determines a need of a public protective order barring access and possession of weapons by the individual. The review board would place the individual in the national background check database on a restricted from weapons possession list. As a citizen they have the right to due process. All proceedings are closed and sealed to effectively protect individual HIPPA rights.
Not to be overlooked is the domestic violence associated with many shootings. To respond to these situations court procedural law will need to be improved. In situations that a court issues a protective order for domestic violence against an individual, the court will place the individual in the national background check database on the restricted from weapons possession list.
In all protective orders issued by the courts the jurisdictional law enforcement agency will confiscate all the individual's weapons. The individual will be held at the discretion of the court until all titled weapons are recovered from the individual.
All citizens have the right to due process and to recover their rights and property through our judicial process. This process is a corner stone of our country and will remain so far into the future.
Changes to the National Weapons Act must add national weapons owner standards that mandate a weapon operator’s license. The Act will establish operator ownership standards and certification endorsements such as firearm concealed carry, open carry, rifle, shotgun, machine gun, large bore firearms, destructive devices and unclassified firearms. All certifications required safety and ethical operation and use training; many of these standards already existing across this country. "The right of the people to keep and bear Arms, shall not be infringed," however will be improved through training and education. This training and education of gun owners and potential gun owners will be part of the purchase process under the National Weapons Act. Weapon owner positive control standards will be part of this training and education. Under the Act at no time will weapon owners be allowed, or through negligence allow their weapons to be out of their control.
Included under the National Weapons Act, all weapons manufactured will have a unique serial number and carry with it an ownership title. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) will ensure proper weapons accountability and ownership training and education is compliant with the National Weapons Act.
All weapon sales to include person to person sales will require a transfer of title process monitored by the ATF and executed by a Federal Firearms License (FFL) dealer. The FFL dealer will as the transferring agent complete the required background checks.
All citizens should be afforded an opportunity to enjoy a gun free environment without infringing on the right to bear arms. To achieve this, the Gun Free School Zones Act of 1990 will need to be amended to become the U.S. Gun Free Zones Act. Key components of the Act will define the definition of a gun free zone, standards and requirements to operate a gun free zone and penalties for violating a gun free zone.
Definition of a gun free zone should be limited to the grounds of a public or private property as determined by its property line map, it shall also include the written declaration by its owner informing the community of the owner’s intent to have a gun free zone.
Standards and requirements to operate a gun free zone under the Act will require all gun free zones to be clearly marked with signage and border markings. Gun free zones will provide entry areas to declare personal weapons and an armory to temporarily store personal weapons. The armory will be managed by a qualified armorer who will administer turning in and property return procedures to maintain positive control over the weapons. This Act will also require an area to execute a weapon search before individuals enter the gun free zone.
Penalty for violating a gun free zone will be determined by the justice system in a court of law, with penalties up to probationary loss of weapon operator’s license through the restriction from weapons possession and incarnation.
In my heart and mind I have the right and duty as a citizen to use my free speech in the hopes to constructively move our nation, its citizenry and government leadership to action. In these times of adversity, and in our flaws and weaknesses, it is here where we the citizens must rise to the call of these challenges and demand improvement from our elected officials, make it known that we the citizens endow the privilege of their powers from our consent and that they are accountable to us.
In closing, I would like to quote Thomas Jefferson, "Neither aiming at originality of principles or sentiments, nor yet copied from any particular and previous writing, it was intended to be an expression of the American mind." The solutions I have presented here are neither complete nor comprehensive but it is an expression of my American mind.
Respectfully yours,
RS
