November, 2019
The Puerto Rico Legislature approved Senate Bill 1050 to change its "gun law" The new gun law does not adhere to US Citizens' 2nd Amendment Constitutional rights, treating constitutional Rights as a privilege !
Although the law reduces cost ($200 + ) to apply for a license permit to Possess and Conceal carry firearms it seriously infringes on US Citizens of PR's Constitutional rights.
The opening statements says that this bill aims to:
ESTABLISH A BALANCE BETWEEN THE RIGHT OF A PERSON TO KEEP AND BEAR ARMS AND THE THE RIGHT OF THE GOVERNMENT TO REGULATE IT. THAT IS FAR FROM WHAT IT DOES:
PR SENATE BILL #1050 rules against 2nd Amendment:
* That the possession of a firearm without a permit is considered Prima-Facie evidence that it is done with the intention to commit a crime. (including those intended just for the home self-defense). Even in absence of a criminal intent, if a person is in possession of a firearm or any part of a firearm without a valid license it is consider a Serious Felony. This applies to possession of a firearm with an expired license.
* Lending a firearm to another licensed citizen will be prohibited. In another article, Bill says that if there is a situation where the firearms need to be placed in custody of another licensed person there has to be a transfer of ownership. (Infringement of the 4th amendment)?
* If the license permit expires the person gets a monthly fine and at the 6th month it duplicates, also adding another fine over it adding to a $5,000 fine for not having a current license. The Police will take possession of your property and if you do not pay the fines, or the safe keeping charges at the Police Department, you will lose your property without receiving payment from them.
* Infringes on the 1st amendment by prohibiting citizens with license to promote or advertise a personal sale of a firearm.
* If a person owns more than 5 firearms the 80% of the firearms must be kept (inaccessible ) under lock to the property, unloaded. Also, the individual must submit a sworn affidavit that is complying with the regulation.
* If a firearm is stolen from the home, you could be fined with $500 per gun stolen, even if they are found before you know they are missing.
* Infringes the right of free market prohibiting and regulating the purchase of Firearms and accessories via mail or internet.
* Violates FOPA by setting absurd regulations when traveling including the violation of the 1st and 4th amendment.
* The police department will have full authority and control of all aspects of licensing permits, registration of firearms and ammunition, with full power to establish new regulations, controls and regulate them to their discretion.
* If an individual buys more than 20,000 rounds of ammunition and or 10 firearms in a year they are subject to an investigation and intervention from the police without probable cause (infringement of the 4th amendment), firearm dealers are obligated to inform of the sales when a person has reached the 20,000 rounds or the 10 guns or the State FFL license will be revoked. (Yet it does not say how the dealers can comply if a person reaches the 20,000 rounds o the 10 guns buying from multiple dealers.
* Establishes a privileged class of public officials that will be exempted from the cost that the ordinary citizens will have to pay in order to get the weapons license.
* Current law is a Shall Issue, with Senate Bill 1050 it becomes a May Issue permit, and if the permit is not delivered in 45 days the person will have to seek a mandamus to the court, raising the costs of the license with legal fees. (As of today the police have 120 days to give the permit and they miss the term, but the citizen have the right to get the temporary permit for free since it's a shall issue.)
* Gives full authority to any government agent of any government agency to access to the gun registry, with just a simple motive without a court order, taking the firearms away to the police deposit vault.
* Mandatory Universal Background check to all sales of firearms even between licensed citizens and a mandatory background check on sales of ammunition.
ALL OF THE ABOVE, VIOLATE THE US CITIZENS' OF PUERTO RICO'S CONSTITUTIONAL RIGHT TO THE SECOND AMENDMENT!
The actual gun law of PR is one of the most restrictive of the United States, and crime is one of the highest of the nation, we are a Island of only 3.2 citizens, the restrictive gun law does nothing to stop violence or crime and now we are getting a even more restrictive gun law. As it is well known criminals don’t follow the law, only good abiding citizens. We truly need help from 2A advocates.
Prepared by:
Damas De La Segunda Enmienda (Ladies of the Second Amendment) a non profit organization dedicated to preserve, educate and protect constitutional rights with emphasis on the 2nd Amendment.
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