The Right to Carry Weapons

Purpose designed deadly weapon (PDDW) is defined in § Commerce in Weapons.

Subject to the following exceptions and restrictions, it is the right of each adult to own and carry a concealed or displayed, immediately and accessibly operable, purpose-designed deadly weapon (CIAO-PDDW), provided he obtains a license by passing a set of verbal and scenario simulation tests which impartially evaluate the conduct of the individual while armed as it relates to the rights of others, and which confirm that the individual has a full understanding of this section.   Upon completion of this test battery, the adult is a licensee.   No individual who has been convicted of a violent crime can be a licensee.   No individual who is mentally incompetent can be a licensee.   No non-adult can be a licensee.   Only a licensee can own a PDDW.   A non-licensee cannot carry a PDDW beyond the direct visual supervision of a licensee.

At all times, the custodian of record of a PDDW and any ancillary equipment (such as ammunition) must store (holster or pocket) it on his body, or hold it, or conceal it (under a pillow or mattress, in a drawer in the room he is in, etc.) while positioned in such a way that the weapon cannot be easily retrieved without his knowledge, or position it such that he can surveil it (line of sight, video monitoring, or tamper detector and alarm), or lock it in a secure container only he can easily unlock, or fix a lock to the action that prevents the operation of the PDDW, or leave it out of plain view in a walled structure with the authorization of the lessor or the owner, locked such that no one ineligible to take custody of a PDDW can unlock it, or otherwise keep it under his control.

Except for the guidelines for temporary seizure as evidence as set forth in § On Seizure of Evidence, an individual can be required to surrender his PDDW(s) only after he has been convicted of a violent crime, or become mentally incompetent, and in either case he is required to surrender his PDDW(s) and associated ammunition without delay.   The state must compensate the individual at taxpayer expense for the fair market value of the PDDW(s) and/or ammunition seized, and can sell the weapons to the eligible public at large at fair market value.

The right of a licensee to carry a lawfully held CIAO-PDDW extends to the right to transport it on state-owned roadways and roadways administered as though state-owned.   Furthermore, no law can require separate or distinct authorization to carry a CIAO-PDDW on the basis of locale - generally, a licensee has the right to carry a lawfully held CIAO-PDDW anywhere in the nation, except as set forth below.

Access-controlled property is property accessible only through guarded entrances, locked entrances, entrances equipped with access- controlling automatic identification and PDDW detection technology, by scaling of a fence or wall presenting an external vertical face eight feet high or higher or six feet high or higher and crowned with barbed wire, by flight, by underground tunneling, or by destructive penetration.

Property which is not access-controlled is anonymously accessible.

The right of a licensee to carry a lawfully held CIAO-PDDW in anonymously accessible areas, and on access-controlled private property with the permission (either automatic or specific) of the tenant or, if there is no tenant, the owner, cannot be infringed. Without conspicious display of a sign, or personal notification or agreement, a licensee is automatically permitted to carry a lawfully held CIAO-PDDW on access-controlled private property.

The privilege and responsibility of carrying a CIAO-PDDW on access-controlled state-administered property is granted as specified by law.

Wherever the right of any licensee to carry a lawfully held CIAO-PDDW is denied, all PDDW's carried by authorizees must be carried openly and conspicuously.

Except in individual private dwelling places when the denial is by a current owning or rent-paying resident, wherever the right of any licensee to carry a lawfully held CIAO-PDDW is denied, at least one officially designated security officer carrying a PDDW must be present on the premises, all usable exits must be alarmed or guarded, and all usable entrances must be equipped with access-controlling identification and/or PDDW detection personnel and/or technology. Only positively identified individuals formally authorized to carry PDDW's on the premises can be admitted with PDDW's.   Such authorization must identify the PDDW(s) the individual is permitted to carry, by description and serial identifier.

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This is a preliminary draft. Pending changes are in The To-Do List