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(PASSED) Repeal "Guns and Mental Capacity"

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Mousebumples
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(PASSED) Repeal "Guns and Mental Capacity"

Postby Mousebumples » Tue Apr 26, 2011 3:40 pm

OOC: As I told Darenjo via TG, I appreciated (and do still appreciate) his willingness to assist with this repeal. One of my biggest concerns when submitting my first repeal was possibly offending Darenjo by pursuing a repeal of his resolution. I think that his intentions were good, but I think that this subject is a difficult one to effectively legislate on due to some of the limitations inherent in WA resolutions.

I've been drafting this with Intellect and the Arts off-site for a few months now. I was hoping to wait for her to return before submitting, but the time seems right - especially since there's already discussion ongoing on the forums with regards to this repeal.

Repeal "Guns and Mental Capacity"
A resolution to repeal previously passed legislation
Category: Repeal | Resolution: GA#134 | Proposed by: Mousebumples


Argument: THE WORLD ASSEMBLY:

UNDERSTANDS that the aims of this resolution are laudable,

REALIZES, however, that there are far too many loopholes in the resolution text to be an easily enforceable resolution,

LAMENTS the use of definitions within the resolution text that were far too non-specific and general.

"GUNS" would include the following:
• Children's toys, such as water guns, paintball guns, marshmallow guns, etc.
• Industrial equipment, such as welding equipment, heating guns, hole punchers for leather or sheet metal, etc.
• Environmental care equipment, such as leaf blowers, snow blowers, etc.
• Self defense or survival tools, such as pepper spray, signal flares, etc.
• Spray bottles that contain pesticides, paint thinners, cleaning solvent, etc.

"MENTALLY INCOMPETENT" would include the following:
• Young children, who would then be unable to use toys specifically created for their use and enjoyment.
• Individuals who suffer from anorexia or bulimia or a similar self-image disorder.
• Anyone who has ever had a delusional fever.
• Gullible and/or misinformed individuals.
• Individuals who are being properly and sufficiently treated for a psychiatric disorder.

REGRETS the passage of a resolution that would outlaw legitimate weapons testing and also the testing of items that are inaccurately categorized as “guns” for the purposes of this resolution.

NOTES that Article VI references “a test for the purposes of Article IV,” but that Article IV does not reference the use of any test whatsoever.

FEARS that the tests detailed in Articles III and V are not detailed at all within the resolution text. The lack of specificity or guidelines whatsoever leaves the content and nature of the test(s) entirely up to individual member nations. This would allow for individual national governments to subvert the intent of the proposal by creating test(s) that fit with their own desires.

WORRIES that the publishing of the test(s) on the ULC may allow for individuals to study to their nation’s test(s) beforehand, thus allowing legitimately incompetent individuals to “game the system.”

UNDERSTANDS that these shortcomings of the resolution text make this law’s enforcement and effect dubious, at best.

REPEALS GA#134, "Guns and Mental Capacity.”

Co-authored by Intellect and the Arts


For easy reference, the definitions used by the resolution in question were as follows:
  • "Gun" as "a device easily transported by one person, designed for the basic purpose of causing damage to beings and property, that uses a series of steps, ending in the usage of a manual trigger, that fires, at high speeds, small projectiles, or burst or streams of concentrated energy";
  • "Mentally Incompetent" as those who, in the professional opinion of a medical professional trained to make such observations, are "unable to distinguish between real and imaginary events" or "unable to understand the potential consequences of their actions";
Last edited by Sedgistan on Sun May 15, 2011 9:13 am, edited 4 times in total.
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Oliver the Mediocre
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Postby Oliver the Mediocre » Tue Apr 26, 2011 3:40 pm

Already approved.
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Darenjo
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Postby Darenjo » Tue Apr 26, 2011 6:46 pm

Support given. I'm glad to see some changes were made since I saw the draft last.
Best wishes.
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Postby Monikian WA Mission » Tue Apr 26, 2011 9:04 pm

Approved...but you probably expected that.
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Postby Parti Ouvrier » Wed Apr 27, 2011 2:57 am

I've already decided to abstain on this one.

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Postby Knootoss » Wed Apr 27, 2011 4:26 am

I am extremely concerned by the prospects of a replacement that would wreck our gun rights once again.

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Postby Mousebumples » Wed Apr 27, 2011 6:15 am

I've gotten a few telegrams regarding some of the inclusions in the repeal, so I'm going to use this post to explain my rationale with regards to the "GUNS" clause.

Once more, for clarity, here's the definition provided by the original resolution:
"Gun" as "a device easily transported by one person, designed for the basic purpose of causing damage to beings and property, that uses a series of steps, ending in the usage of a manual trigger, that fires, at high speeds, small projectiles, or burst or streams of concentrated energy"

There are any number of problems with this definition, but one common misunderstanding, with regards to my list, is with regards to the "designed for the basic purpose of causing damage to beings or property."

This clause doesn't say "major damage or death" - it merely says "damage." Even, for example, children's toys, are generally designed to cause MINOR damage to beings or property. Sure, a marshmallow gun may only cause a minor depression of skin/fur/etc. to the being it's aimed at, but that's still technically damage. As such, it fits under the definition listed in the resolution.

As always, if there are further questions or concerns, please do let me know.
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Parti Ouvrier
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Postby Parti Ouvrier » Wed Apr 27, 2011 9:39 am

Well Mb, as someone who voted against the Guns and Mental Capacity resolution, I can't help but be disappointed in this repeal. There is an element of pedantic petty mindedness about it that has put us off voting for the repeal.
We choose to abstain on this one.

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Knootoss
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Postby Knootoss » Wed Apr 27, 2011 9:46 am

A resolution is unlikely to be repealed by words of praise for the original author, or questioning the ideals and intelligence of the assembly that originally voted for it.

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Parti Ouvrier
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Postby Parti Ouvrier » Wed Apr 27, 2011 10:12 am

Perhaps we could spoil our vote, (if there is such a thing) instead of abstaining. Imagine that! :)

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Postby Mousebumples » Wed May 11, 2011 7:35 am

This repeal is next in the queue and set to go to vote in ... *checks watch* ... just under 90 minutes.

As always, my fellow ambassadors, your support of this repeal would be greatly appreciated.

Yours,
Nikolas Eberhart
Ambassador for the Doctoral Monkey Feet of Mousebumples
WA Delegate for Monkey Island
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Scurvyia
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Postby Scurvyia » Wed May 11, 2011 9:12 am

Looking back on the past legislature, I find that it would indeed be a wise move to repeal the proposal in question. We hereby approve of this repeal and cast our vote FOR

Dillan Gerby
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Charlotte Ryberg
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Postby Charlotte Ryberg » Wed May 11, 2011 9:15 am

Ms. Harper: I will vote for this!!

Furthermore I feel that any replacement should be broader in topic and allow member countries to determine whether to allow personal arms possession.

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Mousebumples
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Postby Mousebumples » Wed May 11, 2011 9:22 am

Charlotte Ryberg wrote:Furthermore I feel that any replacement should be broader in topic and allow member countries to determine whether to allow personal arms possession.

I agree, but such a proposal is likely to be illegal given the category required.

Personally, I'd just as soon leave this category up to individual member states to determine since each nation is made up of a different mix of cultures and traditions.

My thanks to all who are voting IN FAVOR. Your support is greatly appreciated!

(OOC: And now, I'm off to work for about 12 hours .... )
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Charlotte Ryberg
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Postby Charlotte Ryberg » Wed May 11, 2011 9:25 am

Mousebumples wrote:
Charlotte Ryberg wrote:Furthermore I feel that any replacement should be broader in topic and allow member countries to determine whether to allow personal arms possession.

I agree, but such a proposal is likely to be illegal given the category required.

Personally, I'd just as soon leave this category up to individual member states to determine since each nation is made up of a different mix of cultures and traditions.

My thanks to all who are voting IN FAVOR. Your support is greatly appreciated!

(OOC: And now, I'm off to work for about 12 hours .... )

I've actually been thinking of some restrictions such as no sales to minors, which would fit the tighten category. Either way the flaws have to be fixed.

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Somnia-In
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Unanimous in vote for

Postby Somnia-In » Wed May 11, 2011 9:30 am

Various mental health groups within Somnia-In have petitioned we vote for this resolution, and after putting it to a vote in our legislature as well as through our "Council of 1000" scheme across prefectures the country is unanimous in this decision as well.

In particular, it was highlighted the confusion between mental health/illness and violent tendency; as contrary to the opinion of the right-wing media, there is very little correlation. Research at the National University of Freedom in our capital city suggests about a quarter of people in the population will suffer from mental health problems at any point in their lives. Additionally, the numbers from our health service show that of those with severe mental health problems, only 0.00023% will go on to commit a violent crime.

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Empty Eyes
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Postby Empty Eyes » Wed May 11, 2011 9:49 am

The Commonwealth of Empty Eyes approves of this repeal and wishes it the best of luck through the "At Vote" period.

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Jedi Utopians
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Postby Jedi Utopians » Wed May 11, 2011 10:20 am

The arguments are cogent and well-defined, and, in general, our Republic is in favor of repealing all over-reaching laws, especially those that seek to restrict what people may do based on the arbitrary and not-always-unbiased word of a "medical professional," as though they were some sort of omniscient being. I encourage all to vote for this repeal.
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Nationstatelandsville
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Postby Nationstatelandsville » Wed May 11, 2011 10:25 am

Wait, wait, wait... you want people who aren't in control of their actions TO HAVE DEADLY WEAPONS?!
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Lurika
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Ex-Nation

Postby Lurika » Wed May 11, 2011 10:32 am

The main grapple is that Gun is not defined properly and so many include things like Children's toys. I would disagree the resolution clearly states that the projectile must be fired at high speeds. Do we even want young children playing with guns anyway? You can also tailor the resolution to your needs by altering your tests. This is a fine piece of legislation. Repealing it would mean the Lurikan Parliament would have to write, test, publish and pass a whole new act on Gun regulation.

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Malgrave
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Postby Malgrave » Wed May 11, 2011 10:32 am

The Malgravean Government would like to inquire if anything is in the pipes to replace this resolution if it is repealed?

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Nervea
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Postby Nervea » Wed May 11, 2011 11:15 am

We here in Nervea voted to approve this piece of Legislation; because it just speaks of common sense. We feel that what constitutes a gun should be more clearly defined.
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Jedi Utopians
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Postby Jedi Utopians » Wed May 11, 2011 11:32 am

Malgrave wrote:The Malgravean Government would like to inquire if anything is in the pipes to replace this resolution if it is repealed?

- Malgravean WA Delegate Alfred Weimar.


Several ideas are forthcoming, including one that the delegation from Charlotte Ryberg has mentioned.
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Jedi Utopians
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Ex-Nation

Postby Jedi Utopians » Wed May 11, 2011 11:34 am

Nationstatelandsville wrote:Wait, wait, wait... you want people who aren't in control of their actions TO HAVE DEADLY WEAPONS?!


This legislation doesn't do anything on that point at all. WA resolutions reflect the view of the delegates and their countries that we should, collectively, do something about these kinds of matters. Individual states are free to enact what gun control laws they wish.
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Chalskanaka
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Ex-Nation

Postby Chalskanaka » Wed May 11, 2011 12:09 pm

The Commonwealth of Chalskanaka votes in favor of this resolution. The peoples of Chalskanaka would also like to state that we do not believe a replacement be required or needed for the resolution being repealed; also, that member nations of the WA would be better off without such a replacement resolution.
Last edited by Chalskanaka on Wed May 11, 2011 12:10 pm, edited 1 time in total.
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