State alternate history: Libertopia vs New Israel State weapon laws & history

Libertopia weapons law:

The right to keep and bear arms and armor is guaranteed as a constitutional right.

Federal firearm and switchblade laws are declared inapplicable. It is a felony to create, maintain or publish any list, record or registry of legally owned firearms or law-abiding firearm owners.
Local governments may only pass and/or enforce firearm, ammunition, firearm accessory, and knife laws identical to, and with the same penalties as, state law. Local governments may pass and enforce laws regarding the discharge of weapons for safety, pollution control, noise and nuisance reasons, but not concerning the justified use of a weapon, such as self-defense.

Any individual who has been convicted of a nonviolent felony (not including threats) immediately gain their firearms rights back after they finish their sentence. An individual who has been convicted a violent felony or threat can petition to a judge to gain their rights back after 5 years of good behavior. For violent felons, they must fill out and submit paperwork and have a judge decide rather or not they are well-behaved enough to get their firearms rights back.

Carry laws:
While there is constitutional carry for firearms and knives, both state reciprocity carry permits are shall-issue and are available to non-residents. The process to obtain a concealed carry license is the same as Idaho's.

Privately owned places that are open to the public may restrict carry on their property.

Carry can be restricted on Federal property, vital infrastructure (nuclear facilities, power plants, dams, oil and gas production facilities), laboratories, factories, storage facilities and the like holding dangerous chemicals and/or biological entities, restricted areas of airports, halfway houses, and domestic violence shelters.
The exception to these is specific authorization to carry on these premises.

To obtain a private security license, minimum of 40 hours worth of regular security training is required, plus another minimum of 32 hours per year to keep their armed security license valid).



New Israel weapons law.

First off, how do you legally get a gun (post 2005)?

If you have a record of ever committing:

Any felony.

Criminal possession of a narcotic substance.

Reckless endangerment in the first degree.

Riot in the first degree.

A violent or firearms-related misdemeanor.

Stalking in the second degree.

Assault in the third degree.

Been found negligent in any firearm mishap causing death or injury.

OR do you have any of the following:

You are on the terror watch or no-fly list.

Was a juvenile offender.

Have a restraining order against you.

Have a history of mental illness.

Appear to suffer from a physical defect which would make it unsafe to possess and use a firearm safely and responsibly.

If the answer to any of these questions whatsoever is “yes”, you are barred from ever being issued a license, or possessing reloading equipment or explosives.

To get your license after filling out a “red form” (which looks like https://web.archive.org/web/20080913083816/http://www.nyc.gov/html/nypd/downloads/pdf/permits/HandGunLicenseApplicationFormsComplete.pdf but colored red and talks about New Israel state as opposed to New York City), you are required to go to the New Israel State Stormtroopers headquarters weapons division, where a Deputy Arms Czar will be assigned to you and you hand over the form and all required documents. Then you’ll be fingerprinted, and then you wait.

There’s a mandatory minimum waiting period of 30 days before a NR license can be issued, but the de-facto waiting period is generally over 8 months.

Non-restricted firearms licenses virtually always have some type of restriction. The 3 types are:

Target and hunting: restricts possession to the purpose of lawful recreational shooting or competition; for use in the lawful pursuit of game animals and birds; for personal protection in the home; and for the purpose of collecting. Includes travel to and from activity location.

Employment: restricts possession to an employee while engaged in work related activities, and maintaining proficiency, where the employer requires the carry of a firearm (i.e. armored car guard). Includes travel to and from activity location, and does not permit the possession of a handgun outside of specific working hours.

Other: Issuing Deputy Arms Czar has special reason or direction for the restriction of the permit.

To obtain a firearm, you must apply for and buy a permit to purchase. There’s a mandatory minimum waiting period of 90 days, and after that, the permit is valid for a week, which may never be extended. If the PTP expires before it can be used, it can never be renewed.

What kind of firearms can you get with a Non-restricted license?

Non-restricted firearms:
Long guns;
Non-NFA rifles and shotguns that have no “assault weapon” features restricted in Washington D.C. or California, are not chambered for .50 BMG, and either have magazines that do not exceed 5 rounds in capacity.
Handguns:
After February 1st, 2006, handguns that are both on the Massachusetts and California lists of approved handguns were permitted, and are limited to 10 rounds in the magazine.

The same laws apply to antique guns and airguns (even original matchlock pistols and BB gun pistols are treated as real handguns).

Non-restricted firearms are also required to be sold with locking devices.

Do you think that what’s legally available with a non-restricted weapons license is not up to the job? Are you a state government official or loyal local government official, or loved by these people? Are you a lobbyist? Are you an owner or high-ranking member of a big company (especially the military industrial complex, prison industrial complex, central banking, or big-name media)? Do you work for a licensed Israeli (or maybe Saudi Arabian or Chinese) owned armed security company?

If you answer “yes” to any of these questions, you do have a decent chance of being able to obtain a “Restricted” license (aka a “black license”).

Restricted weapons licenses simply require an interview with the state Arms Czar (whose appointed by the state legislature), who determines rather or not the applicant poses any challenge to state interests. If the AC approves, the application is sent to the governor. If the governor approves, the application is sent back to the AC who may issue the license to the applicant.

Both the AC and the governor have the option, not the requirement, of approving an application, and both have the power to delay issuance, withhold, suspend or revoke the license at any time they want to and are not required to give any reason whatsoever. Holders of Restricted licenses waive all of their rights guaranteed under federal law, and so, they must accept losing their privacy and must consent to searches as the state government sees fit.

Legal guardians of minors may put their children on a Restricted license and give their weapons to their children, but minors on Restricted licenses can only own certain firearms, with the possession of firearms outside of private property (including vehicles) being restricted until they reach 17 years of age, and only able to obtain weapons that aren’t controlled under federal law, such as airguns, antique guns, flare guns, pepper spray, knives and swords, and so on and so forth.

One covered under a valid Restricted license can freely obtain non-NFA firearms and non-handgun firearms after they reach 18 years of age, and can obtain those with no restrictions imposed by the state so long as federal law is obeyed.

Felons can obtain Restricted licenses but are restricted in what they can legally obtain the same way minors are.

What is a restricted weapon that is not an NFA firearm?

“Assault weapons” are generally restricted weapons in NI.

If it is a longgun (rifle or shotgun), it becomes an assault weapon if it is semi-automatic and has a fixed magazine in it that holds more than 5 rounds of ammunition, or has a magazine that is detachable without disassembling the rifle and has ANY of the following features, or if the shotgun has ANY of the following features:

. Free standing pistol grip.

. Folding stock.

. Retractable stock.

. Thumbhole stock.

. Grenade launcher or grenade launcher mount.

. Threaded barrel.

. Flash suppressor.

. Bayonet mount.

. An overall length that is less than 762000 micrometers, if it is a semiautomatic, centerfire rifle.

. A rifled barrel length that is less than 457200 micrometers long.

. A smoothbore barrel length that is less than 406400 micrometers long.

If it is a semi-automatic pistol, it becomes an assault weapon if it has one or more of the following features:

. A threaded barrel.

. A magazine attaches outside of the pistol grip.
. A second pistol grip.

. A manufactured weight of more than 21875.05932 grains when unloaded.

. A centerfire pistol with an overall length that is more than 304800 micrometers long.
. A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm without being burned (except a slide that encloses the barrel).

Also, ALL of the firearms in the following lists are Restricted firearms (except for Massachusetts, to which only weapons that require a License To Carry B to obtain apply here):

https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/infobuls/kaslist.pdf

http://www.ct.gov/dps/lib/dps/special_licensing_and_firearms/assault_weapons.pdf

http://mpdc.dc.gov/sites/default/files/dc/sites/mpdc/publication/attachments/firearms_eligible_registration.pdf

http://www.mass.gov/eopss/docs/chsb/firearms/large-capacity-roster-06-2011.pdf

http://mdsp.maryland.gov/Organization/Pages/CriminalInvestigationBureau/LicensingDivision/Firearms/FirearmSearch.aspx

http://www.njsp.org/info/pdf/firearms/062408_title13ch54.pdf

https://www.governor.ny.gov/sites/governor.ny.gov/files/archive/assets/documents/RiflesthatAREclassifiedasassaultweapons.pdf

What other types of weapons are regulated as “restricted” in NI?

Knifes are also regulated. A few knives and melee weapons that are required to be registered and also require a restricted license to transport or even touch are:

disguised knives,

undetectable knives,

ballistic knives,

balisong knives,

bowie knives,

switchblades,

knuckle knifes,

dirks,

daggers,

stilettos,

and

throwing stars.

Gravity knives are also restricted, and any knife that can be opened with centrifugal motion with a single hand or can be modified to do such is considered a gravity knife (even if the hinge mechanism is worn out), and all folding knives with a total blade length (from the very front tip to the farthest rear part) that exceeds exactly 76200 micrometers are also restricted knives.

As for pepper spray, a state-issued permit was required to posses pepper spray. After July the 1st, 2014, state residents can legally purchase and carry “unrestricted defense sprays”. These are defined as sprays with canisters that are unable to hold any more than exactly 56699000 micrograms of aerosol spray, which contains no more than 10% oleoresin capsicum and/or tear gas combined, and has a range of no more than 20 feet. Anything other than this requires a Restricted weapons license to have.

Other restricted weapons are stun guns, tasers, expandable batons, metallic knuckles, billy clubs, blackjacks, and sap clubs/sticks.

To possess or own ammunition or ammunition magazines, one must have a valid Non-Restricted/Restricted license. Ammunition sales are recorded.

What are the laws on carrying a firearm in NI?

While a Restricted license does allow holders to carry within state jurisdiction, a “C” (which stands for “Carry”) endorsement can be placed on it if the holder completes a state-approved Weapons Carry Course, and acts as a reciprocity permit.

After February 1st, 2006, the day after Samuel Alito was appointed to the United States Supreme Court, New Israel loosened restrictions on the ownership of handguns, handgun permits were issued in almost the same fashion as Massachusetts, but holders are only allowed to carry their firearms within their Region, and within those limits, cannot carry to any of the following locations:
school, college or university, preschool or daycare facility, government building, courthouse, prison, jail, detention facility, hospital, playground, park, forest preserve, stadium or arena for college or professional sports, amusement park, riverboat casino, library, zoo, museum, airport, nuclear facility, or place where firearms are prohibited under federal law.

Unless one is in his home or going directly to or from their car or boat, it is absolutely illegal to carry, openly or concealed, any knife with a blade that is over 63500 micrometers long, any machete, any butcher knife, any spear, any “deadly weapon” or “dangerous weapon”, or, if they are under 21 years old, to carry a concealed knife that isn’t a pocket knife unless they have a valid “Restricted” weapons license. Carrying in a vehicle’s glove compartment or center console counts as “concealed carry”.

Holders of a Restricted license are protected under a state preemption in which no local government may place restrictions on Restricted license holders. However, those who do not have a valid Restricted license are not protected under state preemption.

Non-restricted firearms can be held on a Restricted license, but not vice-versa.

When an unlicensed individual is traveling with a live firearm (including antiques but not including air guns, which are prohibited for unlicensed individuals) through NI, they must put their firearms and ammunition in separate locked cases and either leave the state within 24 hours or surrender them to the authorities.

There are also laws regulating the private security industry. See State alternate history: Law enforcement & private security-patrols in New Israel for information on this.

History of New Israel weapon laws and how it relates to state culture:

Since the founding of the state, the Authoritarian party implemented a licensing system for weapons (especially firearms) to keep weapons out of the hands of people who did not follow along with government interests.

But, in the 1920's, the Federal government made New Israel loosen up firearm laws, which led to the classifications of "Non-restricted" and "Restricted" firearms, along with the different types of licenses.
This led to a sharp increase in people who are open about their weapon ownership, but this is exclusive to state residents because Non-restricted licenses are never issued to non-residents.

The state still arrested unlicensed people who possessed items considered to be weapons under state law who were crossing through the state by land or water (the only exception was that aircraft, even with weapons on board, are allowed to pass through state aerospace as long as the craft does not come in contact with the ground or structures touching the ground).

However, after the passage of the 1986 Firearms Owners Protection Act, the state was forced to allow legal firearm owners to cross state lines as long as their firearm is sufficiently secured and they travel quickly and without making unnecessary stops. However, the Armed Security Service still arrests unlicensed non-residents who are caught with firearms and hold them without charge for 72 hours. After that, when they charged with weapons trafficking, they must reference the federal Firearm Owners Protection Act as an affirmative defense to charges of Unlawful Possession of a Weapon
Examples of popular firearms used by gun owners who could afford them are repeating rifles (later semi-automatics), such as Lee-Enfield series of rifles, with later examples such as the Remington 760, 7600, and 7615, and Troy PAR series, semi-automatic shotguns with fixed tube magazines, and pump-action shotguns with detachable magazines and folding stocks.
Many Private Security Guards carry revolvers in .357 magnum, such as the Smith & Wesson PERFORMANCE CENTER® Model 627 V-Comp.

BONUS:

(Watercraft rules moved here.)