Legal Property In a Vehicle

Search, seizure, confiscation, discrimination banned
by clever new legal approach.

by Alan Korwin, Author
Gun Laws of America

MODEL LEGISLATION

I'd like to suggest a way to address the Second Amendment
and local travel and parking without directly citing 2A.

Rather than attempting to restrict employers and land owners
who own or operate parking facilities, empower the public.

The proper role of government is to protect our freedoms.
Use that instead of government's coercive power
to force behavior for one group over another, and invoke
existing well-recognized principles against discrimination:

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Draft language:

PERSONAL PROPERTY PROTECTION ACT

A. Any legally owned private property may be kept in or on a means of transportation at any place the means of transportation may legally be.

B. Anyone who discriminates or attempts to discriminate against a person based on legally owned private property in or on a means of transportation shall be fined not more than $2,500 per incident and imprisoned not more than six months per incident. If the discrimination is based upon, infringes or impairs a specific enumerated right the offense is a class six felony for a first occurrence, and a class five felony for subsequent occurrences, whether or not subsequent occurrences are against the same victim of the discrimination.

C. Any private, public or quasi private/public facility provided with a reasonable expectation of care for the use of or parking, storage or repair of a means of transportation shall be indemnified against any action, liability or damages associated with use, possession, theft or any other activity involving legally owned private property kept in or on a means of transportation, except in cases of gross negligence on the part of the private, public or quasi private/public facility.

D. No search, and no seizure, of legally owned private property may be conducted in or on a means of transportation at any place the means of transportation may legally be, without probable cause, a duly issued search warrant, or fully informed consent from the owner or operator of the means of transportation.

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That's the gist (actual language needs a bit of embellishment). Note that all property is protected without singling out any lightning rods or limiting the protection in ways that might cause problems later (tasers, phasers, lasers, mace, knuckles, billies, blades, tools, 'dangerous' foods, tobacco, etc.).

Note also the important use of the word discriminate, to help invoke civil rights issues and political correctness as a talking point, and specific enumerated right, which comes straight out of the Heller case.

Finally note the inclusion of a penalty for any proper authority or other who might violate this law, following the precedent and century-plus of success of similar language in posse comitatus (18 USC §1385). That is often sorely missing in legislation that creates a limit on government or protection of the people, which then fails to provide teeth to keep the violators in line. Many though not all bills should include something like that.

Alan.

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Contact:
Alan Korwin
BLOOMFIELD PRESS
"We publish the gun laws."
12621 N. Tatum, Suite 440
Phoenix, AZ 85032
602-996-4020 Phone
602-494-0679 FAX
1-800-707-4020 Orders
https://www.gunlaws.com
alan@gunlaws.com
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Encourage politicians to pass more laws...
with expiration dates.