Responsible Firearm Ownership and Safety Act (RFOSA)
Section 1. Short Title
This Act may be cited as the “Responsible Firearm Ownership and Safety Act” or RFOSA.
Section 2. Findings and Purpose
Findings
Respecting the Second Amendment:
1.1. The right to bear arms is a fundamental constitutional protection, but responsible ownership and accountability are essential to public safety.
1.2. Many firearm-related accidents and crimes result from improper storage, lack of training, or misuse by unauthorized individuals.Enhancing Safety Through Responsibility:
2.1. Biometric technology and secure storage solutions can reduce unauthorized access to firearms, protecting both children and communities.
2.2. Comprehensive firearm training ensures responsible use and fosters a culture of safety among gun owners.Accountability for Misuse:
2.1. Gun owners must be held liable for negligence in storage and misuse, particularly when their firearms are involved in violent crimes or accidents.
Purpose
- To enhance firearm safety while upholding the Second Amendment by implementing strict storage, training, and accountability requirements.
- To reduce unauthorized access to firearms and prevent accidental or criminal misuse.
- To hold gun owners accountable for negligence and ensure training standards are met for new firearm purchasers.
Title I: Firearm Storage Requirements
Section 3. Mandatory Secure Storage for Firearms
Biometric Safes:
1.1. All firearms must be stored in a biometric safe accessible only to the registered owner.
1.2. Safes must be bolted to the floor or wall to prevent unauthorized removal.Separate Ammunition Storage:
1.1. Ammunition must be stored in a separate, locked location, such as a lockbox or secured drawer, out of children’s reach.
1.2. Ammunition storage units must be designed to meet safety standards established by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).Loaded Firearms:
1.1. Firearms may remain loaded only when there is an imminent need for self-defense or safety concerns.
1.2. Any loaded firearm not in active use must be stored in compliance with the requirements of this section.Inspections and Compliance:
1.1. Gun owners are subject to random compliance checks conducted by state or local authorities to ensure proper storage.
1.2. Violators shall face penalties, including fines, mandatory safety training, or temporary suspension of firearm ownership rights.
Title II: Training and Certification for Firearm Ownership
Section 4. Mandatory Training for New Gun Owners
Comprehensive Training Programs:
1.1. All new firearm purchasers must complete a government-approved safety and training course before their first purchase.
1.2. Training courses shall be developed by major firearm advocacy groups, such as the NRA, and submitted to Congress and the ATF for approval.Course Content:
1.1. Courses must include:
- Firearm operation and maintenance.
- Safe storage practices.
- De-escalation techniques.
- Legal responsibilities of firearm ownership.
1.2. Practical and written assessments shall be included to ensure comprehension.Exemptions:
1.1. Current firearm owners are exempt unless they commit a gun safety violation, after which they must complete the training to retain firearm ownership rights.
Title III: Restrictions and Accountability
Section 5. Prohibitions on Firearm Ownership
Prohibited Individuals:
1.1. Firearms shall not be sold or transferred to individuals with a history of:
- Violent crimes, including domestic abuse or assault.
- Dangerous criminal activity or firearm-related offenses.
- Adjudicated mental health conditions posing a danger to themselves or others.Background Checks:
1.1. All firearm purchases and transfers must include thorough background checks, coordinated through the National Instant Criminal Background Check System (NICS).
Section 6. Owner Accountability for Misuse
Liability for Negligence:
1.1. Registered firearm owners shall be held civilly and criminally liable for any damages, injuries, or deaths caused by misuse of their improperly stored firearm.
1.2. Liability applies if:
- The firearm is accessed by an unauthorized individual due to improper storage.
- The firearm is used in a violent crime or accident.Enhanced Penalties for Crimes Involving Firearms:
1.1. Owners who knowingly allow their firearms to be accessed by minors or prohibited individuals shall face fines up to $10,000 and imprisonment for up to five years.
1.2. In cases where a firearm-related crime results in loss of life, the owner may face additional charges, including manslaughter.
Title IV: Oversight and Implementation
Section 7. Federal and State Collaboration
Biometric Safe Standards:
1.1. The ATF shall establish minimum safety and performance standards for biometric safes and ammunition lockboxes.
1.2. Manufacturers failing to meet these standards shall face fines and product recalls.Training Program Oversight:
1.1. The ATF and Department of Justice (DOJ) shall oversee the implementation of training programs, ensuring accessibility and effectiveness.Funding Support:
1.1. Federal grants shall be provided to states to subsidize the purchase of biometric safes for low-income firearm owners.
1.2. Additional funding shall support training programs and public awareness campaigns on firearm safety.
Section 8. Enforcement and Penalties
Storage Violations:
1.1. First-time violations of storage requirements shall result in fines of up to $1,000 and mandatory training.
1.2. Repeat violations may result in fines up to $5,000 and temporary firearm confiscation.Training Noncompliance:
1.1. Individuals failing to complete mandatory training shall be prohibited from purchasing firearms until compliance is achieved.
Section 9. Effective Date and Severability
Effective Date:
1.1. This Act shall take effect 12 months after its enactment.Severability:
1.1. If any provision of this Act is found invalid, the remainder shall remain in effect.
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