International Law regarding Mercenaries

• http://www.un.org/documents/ga/res/44/a44r034.htm - "International Convention against the Recruitment, Use, Financing and Training of Mercenaries"

• Valid California DOJ High-Capacity magazine license (Penal Code 12079) (Large capacity magazines - Penal Code 12020, Penal Code 12079)

• Special weapons permit issued pursuant to Section Penal Code 12095?, Penal Code 12230?, Penal Code 12250?, Penal Code 12286, or Penal Code 12305?

• • Firearms licensees, centralized list (Penal Code 12071)
• Valid California DOJ High-Capacity magazine license (PC 12079) (Large capacity magazines - Penal Code 12020, Penal Code 12079)
• Valid California DOJ Assault weapons license (Penal Code 12286) Storage (Penal Code 12234)
• Valid California DOJ Destructive Device permit (required for inert IEDs & large quality OC purchases) (Penal Code 12301 et seq.)

• • Concealed weapons, business places and residences - Penal Code 12026?
  • Assault weapons - Penal Code 12289.5
  • Concealed weapons - Penal Code 12036
  • Criminal storage of a firearm, children and minors - Penal Code 12035
  • Dealers - Penal Code 12071
  • Handgun safety certificates - Penal Code 12071, Penal Code 12072?, Penal Code 12800? et seq.
  • Machine guns - Penal Code 12234
  • Mutual benefits corporations - Penal Code 12071
  • Short barreled rifles - Penal Code 12099?

• • Assault weapons, exemptions - Penal Code 12280
  • Carrying loaded weapon - Penal Code 12031?
  • Children and minors, possession of concealed weapon - Penal Code 12101?
  • Concealed Weapons Law, applicability - Penal Code 12078?
  • Lending firearms, application of law - Penal Code 12070?
  • Loans, concealed weapons, application of law - Penal Code 12078?

• • Federal Firearms Licensing Center - http://www.atf.gov/firearms/fflc/index.htm
    The Federal Firearms Licensing Center (FFLC) is responsible for determining eligibility and acting upon applications for Federal firearms licenses. Inspections of applicants are coordinated with regulatory field offices. Such applications are required to be filed by all persons who intend to engage in the business of manufacturing, importing, or dealing in firearms. Firearms licenses are also issued to persons who wish to be collectors of curio and relic firearms.

The FFLC is the official repository of firearms inspection reports. FFLC personnel maintain the Federal firearms license database and frequently provide certifications to ATF special agents concerning an investigation subject's licensed status.

• • • See Cops.T00035
  • Firearms licensees, centralized list (PC 12071)
• Valid California DOJ High-Capacity magazine license (PC 12079) (Large capacity magazines - PC 12020, 12079)
• Valid California DOJ Assault weapons license (PC 12286) Storage (PC 12234)
• Valid California DOJ Destructive Device permit (required for inert IEDs & large quality OC purchases) (PC 12301 et seq.)

• • Concealed weapons, business places and residences . . . . . . . . . . . . . . . . . . . . . . . . . . . PC 12026
  • Assault weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PC 12289.5
  • Concealed weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PC 12036
  • Criminal storage of a firearm, children and minors . . . . . . . . . . . . . . . . . . . . . . . . . . . . PC 12035
  • Dealers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PC 12071
  • Handgun safety certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PC 12071, 12072, 12800 et seq.
  • Machine guns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PC 12234
  • Mutual benefits corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PC 12071
  • Short barreled rifles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PC 12099

• Target ranges
  • Assault weapons, exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PC 12280
  • Carrying loaded weapon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PC 12031
  • Children and minors, possession of concealed weapon . . . . . . . . . . . . . . . . . . . . . . . . . PC 12101
  • Concealed Weapons Law, applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PC 12078
  • Lending firearms, application of law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PC 12070
  • Loans, concealed weapons, application of law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PC 12078

Licenses Required to run a shooting-range training facility

• Valid Federal Firearms License
• Valid California DOJ High-Capacity magazine license
• Valid California DOJ Assault weapons license
• Valid California DOJ Destructive Device permit (required for inert IEDs & large quality OC purchases)
• Approved facility to store ammunition and small arms via Federal ATF and California DOJ
• Navy approved range facility
• California OSHA approved range facility
• San Diego City Firearms License

Resolution Restricting Corporate Charters for Private Military Contractors

Resolution against Blackwater on Constitutional Grounds

DRAFT 07.13.07

Resolution Regarding Private Military Contractors Operating Within California

Whereas, The Constitution of the State of California, under Declaration of Rights, Article 1, Section 5 reads: "The military is subordinate to civil power. A standing army may not be maintained in peacetime."

Whereas, Private Military Contactors (P.M.C., a.k.a. mercenaries or private armies) are NOT under civil control OR military chain-of-command AND can be looked upon as a "standing private army maintained in peacetime" if allowed to operate within California:

Whereas, Private Military Contractors were used in New Orleans following hurricane Katrina to keep peace and order and were actively disarming law abiding citizens of their lawfully owned weapons, and were outside of civil control:

Resolved by the Democratic Party of Contra Costa County that we support the urgent need for legislation stating that NO Private Military Contractor, mercenary corporation acting as a paramilitary or private military entity, or any subsidiary of same, be granted a corporate charter to operate in the State of California unless fully and completely under civil control and within the civil or military chain-of-command, subject to civil control.

Be it further resolved that the Posse Comitatus Act be enforced within the State of California and that it be amended so that no Private Military Contractor may be employed against the civilian population in times of civil unrest.

Thomas, Stevan
NortonMarg@aol.com
AD-15 Candidate; Delegate, AD-15.

PROPOSED CALIFORNIA LAW: PENAL CODE (Additions in bold caps)

ARTICLE 6. PARAMILITARY ORGANIZATIONS

SECTION 11460. (a) Any two or more persons who assemble as a paramilitary organization for the purpose of practicing with weapons shall be punished by imprisonment in a county jail for not more than one year or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment. As used in this subdivision, “paramilitary organization” means an organization which is not an agency of the United States government or of the State of California, or which is not a private school meeting the requirements set forth in Section 48222 of the Education Code, but which engages in instruction or training in CONVENTIONAL WARFARE , guerrilla warfare or sabotage, or which, as an organization, engages in rioting or the violent disruption of, or the violent interference with, school activities.

(b)(1) Any person who teaches or demonstrates to any other person the use, application, or making of any firearm, explosive, or destructive device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that these objects or techniques will be EMPLOYED IN CONNECTION WITH ANY FOREIGN OR DOMESTIC WARFARE ACTIVITIES OR be unlawfully employed for use in, or in the furtherance of a civil disorder, or any person who assembles with one or more other persons for the purpose of training with, practicing with, or being instructed in the use of any firearm, explosive, or destructive de vice, or technique capable of causing injury or death to persons, with the intent to SUPPORT OR PARTICIPATE IN ANY FOREIGN OR DOMESTIC WARFARE ACTIVITIES to cause or further a civil disorder, shall be punished by imprisonment in the county jail for not more than one year or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment.

Nothing in this subdivision shall make unlawful any act of any peace officer or a member of the military forces of this state or of the United States, performed in the lawful course of his or her official duties.

(2) As used in this section: (A) “Civil disorder” means any disturbance involving acts of violence which cause an immediate danger of or results in damage or injury to the property or person of any other mdi vidual. (B) “Destructive device” has the same meaning as in Section 12301. (C) “Explosive” has the same meaning as in Section 12000 of the Health and Safety Code. (D) “Firearm” means any device designed to be used as a weapon, or which may readily be converted to a weapon, from which is expelled a projectile by the force of any explosion or other form of combustion, or the frame or receiver of this weapon. (E) “Peace officer” means any peace officer or other officer having the powers of arrest of a peace officer, specified in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. [ 787.]

(F) “WARFARE ACTIVITIES” MEANS ANY ACTION IN SUPPORT OR FURTHERANCE OF THE USE OF ORGANIZED FORCE OR VIOLENCE AGAINST LIFE OR PROPERTY FOR THE PURPOSE OF RESOLVING FOREIGN DOMESTIC CONFLICT

Paramilitary Law

CALIF. PENAL CODE SECTION 11460

http://info.sen.ca.gov/cgi-bin/displaycode?section=pen&group=11001-12000&file=11460

11460. (a) Any two or more persons who assemble as a paramilitary organization for the purpose of practicing with weapons shall be punished by imprisonment in a county jail for not more than one year or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment.

As used in this subdivision, "paramilitary organization" means an organization which is not an agency of the United States government or of the State of California, or which is not a private school meeting the requirements set forth in Section 48222 of the Education Code, but which engages in instruction or training in guerrilla warfare or sabotage, or which, as an organization, engages in rioting or the violent disruption of, or the violent interference with, school activities.

(b) (1) Any person who teaches or demonstrates to any other person the use, application, or making of any firearm, explosive, or destructive device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that these objects or techniques will be unlawfully employed for use in, or in the furtherance of a civil disorder, or any person who assembles with one or more other persons for the purpose of training with, practicing with, or being instructed in the use of any firearm, explosive, or destructive device, or technique capable of causing injury or death to persons, with the intent to cause or further a civil disorder, shall be punished by imprisonment in the county jail for not more than one year or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment.

Nothing in this subdivision shall make unlawful any act of any peace officer or a member of the military forces of this state or of the United States, performed in the lawful course of his or her official duties.

(2) As used in this section:

(A) "Civil disorder" means any disturbance involving acts of violence which cause an immediate danger of or results in damage or injury to the property or person of any other individual.

(B) "Destructive device" has the same meaning as in Section 12301.

(C) "Explosive" has the same meaning as in Section 12000 of the Health and Safety Code.

(D) "Firearm" means any device designed to be used as a weapon, or which may readily be converted to a weapon, from which is expelled a projectile by the force of any explosion or other form of combustion, or the frame or receiver of this weapon.

(E) "Peace officer" means any peace officer or other officer having the powers of arrest of a peace officer, specified in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.

EDUCATION CODE SECTION 48220-48222

48220. The classes of children described in this article, shall be exempted by the proper school authorities from the requirements of attendance upon a public full-time day school.

48222. Children who are being instructed in a private full-time day school by persons capable of teaching shall be exempted. Such school shall, except under the circumstances described in Section 30, be taught in the English language and shall offer instruction in the several branches of study required to be taught in the public schools of the state. The attendance of the pupils shall be kept by private school authorities in a register, and the record of attendance shall indicate clearly every absence of the pupil from school for a half day or more during each day that school is maintained during the year.

Exemptions under this section shall be valid only after verification by the attendance supervisor of the district, or other person designated by the board of education, that the private school has complied with the provisions of Section 33190 requiring the annual filing by the owner or other head of a private school of an affidavit or statement of prescribed information with the Superintendent of Public Instruction. The verification required by this section shall not be construed as an evaluation, recognition, approval, or endorsement of any private school or course.

-- Raymond Lutz - 29 Jun 2007