[DRAFT] Safe Schools Act

Cretox State

Tower Malefactor
Deputy Speaker
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Onsite forum link: https://forum.nationstates.net/viewtopic.php?f=9&t=487523

First draft of a proposal restricting firearm use/carrying in school zones. As always, any feedback is appreciated.

Edit: Most recent version will always be the NS forum one.

Safe Schools Act

Category: Furtherment of Democracy
Strength: Mild

The World Assembly,

Acknowledging the furtherment of democracy as one of the many noble objectives undertaken by this august body;

Recognizing the key role education plays in furthering democracy through ensuring future generations comprise a well-informed citizenry that engages in civic matters and works to expand democratic freedoms;

Noting that the safety of schools and other educational institutions is essential to providing a quality education and thereby furthering democracy;

Understanding that while many member-nations may not agree with the goal of furthering democracy, their governments would nevertheless benefit from a safe school environment in which to train future generations;

Aware of the dangerous and disruptive effects of irresponsible and unsanctioned firearms use in and around schools on safety and educational quality;

Wishing to provide member-nations and their law-abiding citizens with legal recourse in the event of antisocial behavior in school zones with regards to firearms, without infringing on the use of firearms by authorized individuals such as law enforcement, hereby:

  1. Defines for the purposes of this legislation:
    • A "firearm" as:
      • Any weapon which will, is designed to, or may readily be converted to expel a projectile through the action of an explosive;
      • The frame of any such weapon; or
      • Any destructive device;
    • A "destructive device" as:
      • Any explosive, incendiary, or poison gas bomb, grenade, mine, or similar device, whether or not attached to a propellant charge; or
      • Any combination of parts designed or intended for use in converting a given device into a destructive device, or from which a destructive device may be readily assembled;
    • A "school" as any public, parochial, or private institution whose primary purpose is the education of children, or any institution of higher learning;
    • A "school zone" as the area within, or on the legally recognized grounds of a school, and the area within 300 meters of the grounds of a school;
  2. Declares it unlawful for any individual to:
    • Knowingly possess a firearm in a school zone;
    • Knowingly or with disregard for the safety of another to discharge, or attempt to discharge, a firearm in a school zone;
  3. Clarifies:
    • Nothing in this legislation applies to the possession or discharge of a firearm:
      • On private property not a part of school grounds, or property in general not part of a school zone;
      • By an individual for use in a program approved by a school in a school zone;
      • By an individual in accordance with a contract entered into between a school in a school zone and said individual or an authorized representative of said individual;
      • By a law enforcement officer acting in their official capacity;
    • Nothing in this legislation applies to the possession of an unloaded firearm in a secure and locked container, or on a secure and locked firearms rack attached to a motor vehicle;
    • Nothing in this legislation applies to the possession of a firearm by an individual traversing a school zone, so long as said individual's entry into the school zone is authorized by school authorities;
    • Nothing in this legislation shall be construed to prevent national, international, or other governing bodies from enacting regulation regarding school zones or firearms in general, so long as said regulation does not contradict any part of this legislation.
 
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Isaris

TNPer
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Maybe I'm missing something but it seems to me that you've defined a "destructive device", but then you never go on to actually use the term anywhere in your text. Why do you need to define it then?

Edit: I was missing something! I see you have a sub-clause defining a "firearm" as any destructive device. It would be better if you defined destructive device first in this case, as currently you're using a term before you've defined it.
 
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Because you are attempting to determine firearm policy within member nations, without a preamble section which explains why and how this proposal complies with Responsibility in Transferring Arms, this proposal will be found illegal. See Agricultural Invasive Species Act, [2018] GAS 4 (holding in part that contradiction tests established in previous legislation can be dealt with by explanation clauses warranting why it complies with the test).

That said, however, RiTAs balancing test is very difficult to comply with: the assurance of "member nations of the exclusive right to determine purely internal arms trading and firearm policy, excepting ... future regulations which seek to prevent firearms from being sold to or used by individuals that pose a danger of performing imminent lawless action".
 
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Comfed

George Orwell, or, his nightmares.
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Umm... this is not furtherment of democracy.
This could be civil rights, or regulation, but not furtherment if democracy. It is also not mild.
 
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