Articles

H. R. 226 - Support Assault Firearms Elimination and Reduction for our Streets Act

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113th CONGRESS
  1st Session
                                H. R. 226
  To amend the Internal Revenue Code of 1986 to allow a credit against 
      tax for surrendering to authorities certain assault weapons.
 _______________________________________________________________________
                     IN THE HOUSE OF REPRESENTATIVES
                             January 14, 2013
   Ms. DeLauro (for herself and Mr. Grijalva) introduced the following 
      bill; which was referred to the Committee on Ways and Means
 _______________________________________________________________________
                                  A BILL
  
 To amend the Internal Revenue Code of 1986 to allow a credit against 
      tax for surrendering to authorities certain assault weapons.
     Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
 SECTION 1. SHORT TITLE.
     This Act may be cited as the “Support Assault Firearms Elimination 
and Reduction for our Streets Act”.
 SEC. 2. ASSAULT WEAPON TURN-IN CREDIT.
     (a) In General.--Subpart A of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by inserting before 
section 26 the following new section:
 SEC. 25E. ASSAULT WEAPON TURN-IN CREDIT.
     (a) Allowance of Credit.--
            (1) In general.--In the case of an individual who 
        surrenders a specified assault weapon to the United States or a 
        State or local government (or political subdivision thereof) as 
        part of a Federal, State, or local public safety program to 
        reduce the number of privately owned weapons, on the election 
        of the taxpayer there shall be allowed as a credit against the 
        tax imposed by this chapter an amount equal to $2,000.
            (2) Year credit allowed.--The amount of the credit under 
        paragraph (1) shall be allowed \1/2\ for the taxable year 
        during which the assault weapon was so surrendered and \1/2\ in 
        the next taxable year.
    (b) Special Rules.--
            (1) Weapon must be lawfully possessed.--No credit shall 
        be allowed under subsection (a) with respect to any specified 
        assault weapon not lawfully possessed by the taxpayer at the 
        time the weapon is surrendered.
            (2) Substantiation requirement.--No credit shall be 
        allowed under subsection (a) for the surrender of any specified 
        assault weapon unless the taxpayer substantiates the surrender 
        by a contemporaneous written acknowledgment of the surrender by 
        the Federal, State, or local governmental entity to which the 
        weapon is surrendered.
            (3) Denial of double benefit.--The taxpayer may elect the 
        application of this section with respect to only 1 weapon, and 
        if such election is made for any taxable year, no deduction 
        shall be allowed under any other provision of this chapter with 
        respect to the surrender or contribution of the specified 
        assault weapon.
    (c) Assault Weapon.--For purposes of this section--
            (1) In general.--The term `specified assault weapon' 
        means any of the following:
                    (A) The following rifles or copies or duplicates 
                thereof:
                           (i) AK, AKM, AKS, AK-47, AK-74, ARM, 
                        MAK90, Misr, NHM 90, NHM 91, SA 85, SA 93, 
                        VEPR,
                            (ii) AR-10,
                            (iii) AR-15, Bushmaster XM15, Armalite 
                        M15, or Olympic Arms PCR,
                            (iv) AR70,
                            (v) Calico Liberty,
                            (vi) Dragunov SVD Sniper Rifle or 
                        Dragunov SVU,
                            (vii) Fabrique National FN/FAL, FN/LAR, 
                        or FNC,
                            (viii) Hi-Point Carbine,
                            (ix) HK-91, HK-93, HK-94, or HK-PSG-1,
                            (x) Kel-Tec Sub Rifle,
                            (xi) M1 Carbine,
                            (xii) Saiga,
                            (xiii) SAR-8, SAR-4800,
                            (xiv) SKS with detachable magazine,
                            (xv) SLG 95,
                            (xvi) SLR 95 or 96,
                            (xvii) Steyr AUG,
                            (xviii) Sturm, Ruger Mini-14,
                            (xix) Tavor,
                            (xx) Thompson 1927, Thompson M1, or 
                        Thompson 1927 Commando, or
                            (xxi) Uzi, Galil and Uzi Sporter, Galil 
                        Sporter, or Galil Sniper Rifle (Galatz).
                    (B) The following pistols or copies or duplicates 
                thereof:
                            (i) Calico M-110,
                            (ii) MAC-10, MAC-11, or MPA3,
                            (iii) Olympic Arms OA,
                            (iv) TEC-9, TEC-DC9, TEC-22 Scorpion, or 
                        AB-10, or
                            (v) Uzi.
                    (C) The following shotguns or copies or 
                duplicates thereof:
                            (i) Armscor 30 BG,
                            (ii) SPAS 12 or LAW 12,
                            (iii) Striker 12, or
                            (iv) Streetsweeper.
                    (D) A semiautomatic rifle that has an ability to 
                accept a detachable magazine, and that has--
                            (i) a folding or telescoping stock,
                            (ii) a threaded barrel,
                            (iii) a pistol grip,
                            (iv) a forward grip, or
                            (v) a barrel shroud.
                    (E)(i) Except as provided in clause (ii), a 
                semiautomatic rifle that has a fixed magazine with the 
                capacity to accept more than 10 rounds.
                   
(ii) Clause (i) shall not apply to an attached 
                tubular device designed to accept, and capable of 
                operating only with, .22 caliber rimfire ammunition.
                    (F) A semiautomatic pistol that has the ability 
                to accept a detachable magazine, and has--
                            (i) a second pistol grip,
                            (ii) a threaded barrel,
                            (iii) a barrel shroud, or
                            (iv) the capacity to accept a detachable 
                        magazine at a location outside of the pistol grip.
                    (G) A semiautomatic pistol with a fixed magazine 
                that has the capacity to accept more than 10 rounds.
                    (H) A semiautomatic shotgun that has--
                            (i) a folding or telescoping stock,
                            (ii) a pistol grip,
                            (iii) the ability to accept a detachable 
                        magazine, or
                            (iv) a fixed magazine capacity of more 
                        than 5 rounds.
                    (I) A shotgun with a revolving cylinder.
                    (J) A frame or receiver that is identical to, or 
                based substantially on the frame or receiver of, a 
                firearm described in any of subparagraphs (A) through 
                (I) or (L).
                    (K) A conversion kit.
                    (L) A semiautomatic rifle or shotgun originally 
                designed for military or law enforcement use, or a 
                firearm based on the design of such a firearm, that is 
                not particularly suitable for sporting purposes, as 
                determined by the Attorney General. In making the 
                determination, there shall be a rebuttable presumption 
                that a firearm procured for use by the United States 
                military or any Federal law enforcement agency is not 
                particularly suitable for sporting purposes, and a 
                firearm shall not be determined to be particularly 
                suitable for sporting purposes solely because the 
                firearm is suitable for use in a sporting event.
            ``(2) Related definitions.--
                    (A) Barrel shroud.--The term `barrel shroud' 
                means a shroud that is attached to, or partially or 
                completely encircles, the barrel of a firearm so that 
                the shroud protects the user of the firearm from heat 
                generated by the barrel, but does not include a slide 
                that encloses the barrel, and does not include an 
                extension of the stock along the bottom of the barrel 
                which does not encircle or substantially encircle the barrel.
                    (B) Conversion kit.--The term `conversion kit' 
                means any part or combination of parts designed and 
                intended for use in converting a firearm into a 
                semiautomatic assault weapon, and any combination of 
                parts from which a semiautomatic assault weapon can be 
                assembled if the parts are in the possession or under 
                the control of a person.
                    (C) Detachable magazine.--The term `detachable 
                magazine' means an ammunition feeding device that can 
                readily be inserted into a firearm.
                    (D) Fixed magazine.--The term `fixed magazine' 
                means an ammunition feeding device contained in, or 
                permanently attached to, a firearm.
                    (E) Folding or telescoping stock.--The term 
                `folding or telescoping stock' means a stock that 
                folds, telescopes, or otherwise operates to reduce the 
                length, size, or any other dimension, or otherwise 
                enhances the concealability, of a firearm.
                    (F) Forward grip.--The term `forward grip' means 
                a grip located forward of the trigger that functions as 
                a pistol grip.
                    (G) Pistol grip.--The term `pistol grip' means a 
                grip, a thumbhole stock, or any other characteristic 
                that can function as a grip.
                    (H) Threaded barrel.--The term `threaded barrel' 
                means a feature or characteristic that is designed in 
                such a manner to allow for the attachment of a firearm 
                as defined in section 5845(a) of the National Firearms 
                Act (26 U.S.C. 5845(a)).
    ``(d) Termination.--This section shall not apply with respect to 
any weapon surrendered during a taxable year beginning more than 2 
years after the date of the enactment of the Support Assault Firearms 
Elimination and Reduction for our Streets Act.''.
    (b) Clerical Amendment.--The table of sections for subpart A of 
part IV of subchapter A of chapter 1 is amended by inserting before the 
item relating to section 26 the following new item:
 ``Sec. 25E. Assault weapon turn-in credit.''.
    (c) Effective Date.--The amendments made by this Act shall apply to
taxable years beginning after the date of the enactment of this Act.

HB.146 - New Hampshire Jury Nullification Law

on . Posted in Legislation

CHAPTER 243

HB 146 – FINAL VERSION

15Mar2011… 0591h

01/18/12 0062s

6June2012… 2434CofC

2012 SESSION

11-0091

09/05

HOUSE BILL 146

AN ACT relative to the right of a jury to judge the application of the law in relationship to the facts in controversy.

SPONSORS: Rep. L. Christiansen, Hills 27

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill states that in all criminal proceedings the court shall permit the defense to inform the jury of its right to judge the facts and the application of the law in relationship to the facts in controversy.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Mar2011… 0591h

01/18/12 0062s

6June2012… 2434CofC

11-0091

09/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to the right of a jury to judge the application of the law in relationship to the facts in controversy.

Be it Enacted by the Senate and House of Representatives in General Court convened:

243:1 Findings and Intent of the General Court. Under the decisions of both the New Hampshire supreme court and the United States Supreme Court, the jury has the right to judge the facts and the application of the law in relationship to the facts in controversy. The jury system functions at its best when it is fully informed of the jury’s prerogatives. The general court wishes to perpetuate and reiterate the rights of the jury, as ordained under common law and recognized in the American jurisprudence, while preserving the rights of a criminal defendant, as enumerated in part 1, articles 15 and 20, New Hampshire Bill of Rights.

243:2 New Section; Right of Accused; Jury Instruction. Amend RSA 519 by inserting after section 23 the following new section:

519:23-a Right of Accused. In all criminal proceedings the court shall permit the defense to inform the jury of its right to judge the facts and the application of the law in relation to the facts in controversy.

243:3 Effective Date. This act shall take effect January 1, 2013.

Approved: June 18, 2012

Effective Date: January 1, 2013

Connecticut SB.245 to hold cops personally liable!

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Senate Bill No. 245

April 5, 2012

The Committee on Judiciary reported through SEN. COLEMAN of the 2nd Dist., Chairperson of the Committee on the part of the Senate, that the bill ought to pass.

AN ACT CONCERNING THE RECORDING OF POLICE ACTIVITY BY THE PUBLIC.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2012) (a) For the purposes of this section, "peace officer" has the meaning provided in section 53a-3 of the general statutes.

(b) A peace officer who interferes with any person taking a photographic or digital still or video image of such peace officer or another peace officer acting in the performance of such peace officer's duties shall, subject to sections 5-141d, 7-465 and 29-8a of the general statutes, be liable to such person in an action at law, suit in equity or other proper proceeding for redress.

(c) A peace officer shall not be liable under subsection (b) of this section if the peace officer had reasonable grounds to believe that the peace officer was interfering with the taking of such image in order to (1) lawfully enforce a criminal law of this state or a municipal ordinance, (2) protect the public safety, (3) preserve the integrity of a crime scene or criminal investigation, (4) safeguard the privacy interests of any person, including a victim of a crime, or (5) lawfully enforce court rules and policies of the Judicial Branch with respect to taking a photograph, videotaping or otherwise recording an image in facilities of the Judicial Branch.

HB.895 - The Right to Travel Act

on . Posted in Legislation

10 LC 34 2350
House Bill 875
By: Representative Franklin of the 43rd

A BILL TO BE ENTITLED
AN ACT


To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to repeal Chapter 5, relating to drivers' licenses; provide for a short title; to report the findings of the General Assembly regarding the constitutionality of certain laws relating to drivers' licenses; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

 
SECTION 1.
This Act shall be known and may be cited as the "Right to Travel Act."

 
SECTION 2.
The General Assembly finds that:
(1) Free people have a common law and constitutional right to travel on the roads and highways that are provided by their government for that purpose. Licensing of drivers cannot be required of free people because taking on the restrictions of a license requires the surrender of an inalienable right;
(2) In England in 1215, the right to travel was enshrined in Article 42 of Magna Carta:
It shall be lawful to any person, for the future, to go out of our kingdom, and to return, safely and securely, by land or by water, saving his allegiance to us, unless it be in time of war, for some short space, for the common good of the kingdom: excepting prisoners and outlaws, according to the laws of the land, and of the people of the nation at war against us, and Merchants who shall be treated as it is said above.
(3) Where rights secured by the Constitution of the United States and the State of Georgia are involved, there can be no rule making or legislation that would abrogate these rights. The claim and exercise of a constitutional right cannot be converted into a crime. There can be no sanction or penalty imposed upon an individual because of this exercise of constitutional rights;
(4) American citizens have the inalienable right to use the roads and highways unrestricted in any manner so long as they are not damaging or violating property or rights of others. The government, by requiring the people to obtain drivers' licenses, is restricting, and therefore violating, the people's common law and constitutional right to travel;
(5) In Shapiro v Thompson, 394 U.S. 618 (1969), Justice Potter Stewart noted in a concurring opinion that the right to travel "is a right broadly assertable against private interference as well as governmental action. Like the right of association...it is a virtually unconditional personal right, guaranteed by the Constitution to us all." The Articles of Confederation had an explicit right to travel; and we hold that the right to travel is so fundamental that the Framers thought it was unnecessary to include it in the Constitution or the Bill of Rights;
(6) The right to travel upon the public highways is not a mere privilege which may be permitted or prohibited at will but the common right which every citizen has under his or her right to life, liberty, and the pursuit of happiness. Under this constitutional guarantee one may, therefore, under normal conditions, travel at his or her inclination along the public highways or in public places while conducting himself or herself in an orderly and decent manner; and
(7) Thus, the legislature does not have the power to abrogate the citizens' right to travel upon the public roads by passing legislation forcing the citizen to waive the right and convert that right into a privilege.

 
SECTION 3.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by repealing Chapter 5, relating to drivers' licenses, and designating said chapter as reserved.

 
SECTION 4.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

 
SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.

H.R.3200 - National Human Identification System!

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Author: Barbara H. Peterson
http://farmwars.info/?p=1946
Website: Farmwars
© 2009 all rights reserved

WASHINGTON - November 21, 2009 - Move over, NAIS, here comes NHIS – a National Human Identification System under the FDA. And you thought a tracking system was just for livestock. Well, you are right. To the ruling oligarchy, we the people are just that – livestock to be herded, tracked, culled, and medicated.

Take a look at the following section of HR 3200, which can be found in entirety here. My comments are bolded.

-----------------------------------------

H.R.3200

Subtitle C—Food and Drug Administration
(This section of HR 3200 specifically sets up the NHIS, or National Human Identification System under the FDA.)

PART 1—IN GENERAL

SEC. 2561. NATIONAL MEDICAL DEVICE REGISTRY.

(a) REGISTRY.—


(1) IN GENERAL.—Section 519 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i) is amended—

(A) by redesignating subsection (g) as subsection (h); and
(B) by inserting after subsection (f) the following:
‘‘National Medical Device Registry ‘‘(g)(1) The Secretary shall establish a national medical device registry (in this subsection referred to as the ‘registry’) to facilitate analysis of postmarket safety and outcomes data on each device that—
(A) is or has been used in or on a patient; and
(B) is—
(i) a class III device; or

(Notice the word “or” in the following. This means that the device is either implantable, life-supporting, or life sustaining. It can be neither life-supporting or life sustaining, just implantable.)

(ii) a class II device that is implantable, life-supporting, or life-sustaining.
(2) In developing the registry, the Secretary shall, in consultation with the  Commissioner of Food and Drugs, the Administrator of the Centers for Medicare  & Medicaid Services, the head of the Office of the National Coordinator for Health Information Technology, and the Secretary of Veterans Affairs, determine the best methods for—

(Each device will have a unique identifier. Since the devices are implanted in humans, each human will most likely be registered with that device number.)

(A) including in the registry, in a manner consistent with subsection (f), appropriate information to identify each device described in paragraph (1) by type, model, and serial number or other unique identifier;
(B) validating methods for analyzing patient safety and outcomes data from multiple sources and for linking such data with the information included in the registry as described in subparagraph (A), including, to the extent feasible, use of—
(i) data provided to the Secretary under other provisions of this chapter; and
(ii) information from public and private sources identified under paragraph (3);
(C) integrating the activities described in this subsection with—
(i) activities under paragraph (3) of section 505(k)(relating to active postmarket risk identification);
(ii) activities under paragraph (4) of section 505(k)(relating to  advanced analysis of drug safety data); and
(iii) other postmarket device surveillance activities of the Secretary authorized by this chapter; and

(Through this implantable device, surveilled activities will be monitored)

(D) providing public access to the data and analysis collected or developed through the registry in a manner and form that protects patient privacy and proprietary information and is comprehensive, useful, and not misleading to patients, physicians, and scientists.
(3) (A) To facilitate analyses of postmarket safety and patient outcomes for devices described in paragraph (1), the Secretary shall, in collaboration with public, academic, and private entities, develop methods to—

(Here is the data that will be collected – all health related information, including insurance information, pharmaceutical purchases, health insurance claims, and anything else the Secretary deems necessary, including Medicare and information from the Dept. of Veteran’s Affairs, as well as privately owned health care facilities and pharmacies.)

(i) obtain access to disparate sources of patient safety and outcomes data, including—
(I) Federal health-related electronic data (such as data from the Medicare program under title XVIII of the Social Security Act or from the health systems of the Department of Veterans Affairs);
(II) private sector health-related electronic data (such as pharmaceutical purchase data and health insurance claims data); and
(III) other data as the Secretary deems necessary to permit postmarket assessment of device safety and effectiveness; and

(Links the data collected with registry information.)

(ii) link data obtained under clause (i) with information in the registry.

(This section sets up the registry files, and allows for the pooling and analysis of the information gleened.)

(B) In this paragraph, the term ‘data’ refers to information respecting a device described in paragraph (1), including claims data, patient survey data, standardized analytic files that allow for the pooling and analysis of data from disparate data environments, electronic health records, and any other data deemed appropriate by the Secretary.
(4) Not later than 36 months after the date of the enactment of this subsection, the Secretary shall promulgate regulations for establishment and operation of the registry under paragraph(1). Such regulations—

(Notice that this is done under the guise of protecting the public health, and the requirement to submit each device’s unique identifyer to the registry is addressed here.)

(A)(i) in the case of devices that are described in paragraph (1) and sold on or after the date of the enactment of this subsection, shall require manufacturers of such devices to submit information to the registry, including, for each such device, the type, model, and serial number or, if required under subsection (f), other unique  device identifier; and
(ii) in the case of devices that are described in paragraph (1) and sold before such date, may require manufacturers of such devices  to submit such information to the registry, if deemed necessary by  the Secretary to protect the public health;
(B) shall establish procedures—

(Permits linkage of retrieved information to patients in registry.)

(i) to permit linkage of information submitted pursuant to subparagraph (A) with patient safety and outcomes data obtained under paragraph (3);  and

(Permits analyses of linked data.)

(ii) to permit analyses of linked data;
(C) may require device manufacturers to submit such other information as is necessary to facilitate postmarket assessments of device safety and                    effectiveness and notification of device risks;

(Items included in the registry that are pooled and analyzed include adverse event trends, patterns, and any other information the Secretary deems appropriate. Timely reports to be given to the Secretary concerning data analysis.)

(D) shall establish requirements for regular and timely reports to the Secretary, which shall be included in the registry, concerning adverse event trends, adverse event patterns, incidence and prevalence of adverse events, and other information the Secretary determines appropriate, which may include data on comparative safety and outcomes trends; and
(E) shall establish procedures to permit public access to the information in the registry in a manner and form that protects patient privacy and proprietary information and is comprehensive, useful, and not misleading to patients, physicians, and scientists.

(Sums to be appropriated to institute the registry. From whom? Taxpayers. We will be paying for our own NHIS system.)

(5) To carry out this subsection, there are authorized to be appropriated such sums as may be necessary for fiscal years 2010 and 2011.
(2) EFFECTIVE DATE.—The Secretary of Health and Human Services shall establish and begin implementation of the registry under section 519(g) of the Federal Food, Drug, and Cosmetic Act, as added by paragraph (1), by not later than the date that is 36t months after the date of the enactment of this Act, without regard to whether or not final regulations to establish and operate the registry have been promulgated by such date.
(3) CONFORMING AMENDMENT.—Section 303(f)(1)(B)(ii) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(f)(1)(B)(ii)) is amended by striking ‘‘519(g)’’ and inserting ‘‘519(h)’’.
ELECTRONIC EXCHANGE AND USE IN CERTIFIED ELECTRONIC HEALTH RECORDS OF UNIQUE DEVICE IDENTIFIERS.—
(1) RECOMMENDATIONS.—The HIT Policy Committee established under   section 3002 of the Public Health Service Act (42 U.S.C.300jj–12) shall recommend to the head of the Office of the National Coordinator for Health Information Technology standards, implementation specifications, and certification criteria for the electronic exchange and use in certified electronic health records of a unique device identifier for each device described in section 519(g)(1) of the Federal Food,Drug, and Cosmetic Act, as added by subsection (a).

(The information retrieved by the devices will be exchanged and used in electronic health records Health Information Technology – HIT.)

(2) STANDARDS, IMPLEMENTATION CRITERIA, AND CERTIFICATION CRITERIA.—The Secretary of the Health Human Services, acting through the  head of the Office of the National Coordinator for Health Information Technology, shall adopt standards, implementation specifications, and certification criteria for the electronic exchange and use in certified electronic health records of a unique device identifier for each device described in paragraph (1), if such an identifier is required by section 519(f) of the Federal Food,8 Drug, and Cosmetic Act (21 U.S.C. 360i(f)) for the device.

-----------------------------------------

Welcome to the future where everything we do is tracked, analyzed, and used to formulate actuarial tables for insurance companies, food suppliers, medical establishments, pharmaceutical companies, and any private corporation or government entity that the Secretary deems appropriate for public health and safety. And all under the oh so competent hands of the Food and Drug Administration. Feel like a piece of meat? I sure do. All of our movements, purchases, and health statistics, including vaccination records, tracked under the FDA just like a herd of cows.

First NAIS, then NHIS. After all, we are are just another species of animal, right? Just another warm-blooded mammal led around on a leash, herded into corrals and tamed.  WRONG! It is time to stand up on our hind legs and fight this takeover by the New World Order oligarchs. It is time to just say NO!

 

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