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    The Hunting & Animal Protection Act of 2021

    in Archive

    Posted · Edited by BjornV

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    THE HUNTING & ANIMAL PROTECTION ACT OF 2021

    An act to establish the regulation for hunting and the protection of animals within the state of San Andreas. Short name: HAP.

     

    THE PEOPLE OF THE STATE OF SAN ANDREAS DO ENACT AS FOLLOWS:

     

    CHAPTER I. GENERAL PROVISIONS

     

    SECTION I. TITLE

    This title shall be known and may be cited as the Hunting and Animal Protection Bill of 2021. 

     

    SECTION II. FINDINGS AND DECLARATIONS

    (a) The State – Refers to the State of San Andreas.

     

    (b) Hunter – Refers to an individual that executes or plans to execute the act of hunting.

    (c) Fisherman –  Refers to an individual that executes or plans to execute the act of fishing. 

     

    (d) Big game – Following species: Feral Hog (Sus scrofa), Coyote (Canis latrans), Mule Deer (Odocoileus hemionus), Columbian Black Tailed Deer (Odocoileus hemionus columbianus), Cougar (Puma concolor), Northwestern Black Bear (Ursus americana altifrontalis), San Andreas Black Bear (Ursus americana andreasis), Red Fox (Vulpes vulpes), Bobcat (Lynx rufus).

     

    (e) Small game – Following species: Black Tailed Hare (Lepus Californiucs), Desert Cottontail (Sylvilagus audubonii), Brush Rabbit (Sylvilagus

    bachmani).

     

    (f) Flying game – Following species: 

    (1) Waterfowl: Mallard (Anas platyrhynchos), Northern Pintail (Anas acuta), Canvasback (Aythya valisinera), Redhead (Aythya americana), Gadwall (Mareca strepera), Northern Shoveler (Spatula clypeata) American Widgeon (Mareca americana Ring Necked Duck (Aythya collaris), Harlequin Duck (Histrionicus histrionicus), Surf Scoter (Melanitta perspicllata), White Winged Scoter (Melanitta deglandi), Common Scoter (Melanitta nigra), Black Scoter (Melanitta americana), Bufflehead (Bucephala albeola), Common Goldeneye (Bucephala clangula), Barrow's Goldeneye (Bucephala Icelandica), Hooded Merganser (Lophodytes cucullatus), Common Merganser (Mergus merganser americanus), Red breasted Merganser (Mergus serrator), Blue Winged Teal (Spatula discors), Green Winged Teal (Anas carolinensis), Cinnamon Teal (Spatula cyanoptera),Greater Scaup (Aythya marila), Lesser Scaup (Aythya affinis), Snow Goose (Anser caerulescens), Ross's Goose (Anser rossii), Greater White Fronted Goose (Specklebelly) (Anser albifrons), Greater Canada Goose (Branta canadensis), Lesser Canada Goose (Branta hutchinsii).

    (2) Upland Game Birds: Mountain Quail (Oreortyx pictus), California Quail (Callipepla californica), Gambel's Quail (Callipepla gambelii), Rio Grande Turkey (Meleagris gallopavo intermedia), Merriam's Turkey (Meleagris gallopavo merriami), Ruffled Grouse (Bonasa Umbellus), Sooty Grouse (Dendragapus fuliginosus), Ring Necked Pheasant (Phasianus colchicus), Mourning Dove (Zenaida macroura), Eurasian Collared Dove (Streptopelia decaocto), White Winged Dove (Zenaida asiatica).

     

    (g) Rifle - The term “Rifle” defines a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder, and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

     

    (h) Executing Agency – The agency defined under Section 11(a), oversees execution and enforcement of the provisions set forth in this bill.

     

    (i) Freshwater bodies – Cassidy Creek, Tongva Creek, Zancudo River, Land Act Reservoir, Mount Gordo Lakes, Lake Vinewood, LS River, Mirror Park Lake

     

    (j) Saltwater bodies – Alamo Sea, La Puerta Marina Zone, Vespucci Canal Zone, Elysian Island Harbor Zone, Pacific Ocean, 

     

    (k) Anadromous Waters – Inland waters that are accessible to fish migrating from the ocean. Such as Casssidy Creek and Zancudo River

     

    (l) Inland waters – Inland waters are all the fresh, brackish and inland saline waters of the state, including lagoons and tidewaters upstream from the mouths of coastal rivers and streams. Inland waters exclude open or enclosed bays contiguous to the ocean including the waters of Lago Zancudo and the waters of Cassidy Creek at the Raton Canyon runoff.

     

    (m) Stream (includes Creeks and Rivers) – A stream is a body of water that flows at least periodically or intermittently through a bed or channel having banks and supports fish or other aquatic life. This includes watercourses having a surface or subsurface flow that supports or has supported riparian vegetation.

     

    (n) Angling – Angling means take of fish by hook and line with the line held in the hand, or with the line attached to a pole or rod held in the hand or closely attended in such manner that the fish voluntarily takes the bait or lure inside its mouth.

     

    (o) Artificial Fly – Any fly constructed by the method known as fly tying.

     

    (p) Artificial Lure – Any manufactured or man-made non-scented/ flavored (regardless if scent is added in the manufacturing process or added afterwards) device complete with hooks, intended to attract fish. Artificial lures include, but are not limited to; spoons, spinners, artificial flies, and plugs, made of metal, plastic, wood, or other non-edible materials.

     

    (q) Bait -– Any natural or manufactured product or device which is used to attract fish by the sense of taste or smell, including any product or device to which scents or flavored attractants have been added or externally applied. Bait includes, but is not limited to; scented and flavored paste, scented manufactured fish eggs, and traditional organic baits such as worms, grubs, crickets, leeches, stink baits, insects, crayfish, human food, fish, fish parts, and fish eggs.

     

    (r) Commercial fishing is the activity of catching fish and other seafood for commercial profit, mostly from wild fisheries.

     

    (s) Bycatch (or by-catch), in the fishing industry, is a fish or other marine species that is caught unintentionally while catching certain target species and target sizes of fish, crabs etc. Bycatch is either of a different species, the wrong sex, or is undersized or juvenile individuals of the target species.

     

    (t) Optimum yield means the amount of fish that will provide the greatest overall benefit to the Nation, particularly with respect to food production and recreational opportunities, and taking into account protection of marine ecosystems.

     

    (u) Fishery is the enterprise of raising or harvesting fish and other aquatic life. Commercial fisheries include wild fisheries and fish farms, both in fresh water (about 10% of all catch) and the oceans (about 90%). 

     

    (v) Trawling is dragging a net through the water behind a boat. There are two different kinds:

    1) bottom trawls -  involve weighing a net down to the seafloor then dragging it across the bottom to scoop up fish. 

    2) midwater trawls - pull a net through the water off the bottom. 

     

    (w) Nonresident Commercial Fishing License (( /transfer 5000 to San Andreas Government )) - Required for any nonresident 16 years of age or older who uses or operates or assists in using or operating any boat, aircraft, net, trap, line, or other appliance to take fish for commercial purposes, or who contributes materially to the activities on board a commercial fishing vessel.

     

    (x) Commercial Boat Registration (( /transfer 10000 to San Andreas Government )) - Required for any resident owner or operator for any vessel operated in public waters in connection with fishing operations for profit in this State; or which, for profit, permits persons to sport fish.

     

    (y) Wild saltwater fisheries - Pacific Ocean

     

     

    SECTION III. ANIMAL PROTECTION

    (a) In order to maintain the vivid ecosystem in San Andreas, the State shall commit to animal protection. Therefore 3 protection categories shall be established:

    (1) State Protected/Restricted Species – Species that are at-risk of state extinction, requiring state protection;

    (2) State Regulated Game Species– Species that require monitoring and protection within the State;

    (3) Least Concern Game Species – Species that are present in abundance within the State and require no protection. 

     

    (b) The classification of species will be determined by the Lieutenant Governor through an executive order, at the advice of the biologists of the Department of Fish and Wildlife. The classifications are to be published before the first of January of each year if changes to classifications are made. Classifications shall be added to addendum 1.

     

    (c) The targeting of Category 1 species is unlawful and punishable under Section 14(c) of this Act.

     

    (d) Conservation and management measures shall, to the extent practicable, (a) minimize bycatch and (b) to the extent bycatch cannot be avoided, minimize the mortality of such bycatch.

     

    (e) Conservation and management measures shall prevent overfishing while achieving, on a continuing basis, the optimum yield from each fishery for the United States fishing industry.

     

    (f) Bottom trawling is done in sustainable areas and not in places with irreplaceable habitat. ( habitat like deepwater coral or sponge gardens. )

     

     

    SECTION IV. HUNTING

    (a) It shall become lawful for individuals to hunt within the State, if the following requirements are met:

    (1) The hunter is over the age of 21, or a minor under the supervision of over the age of 21;

    (2) The hunter possesses a valid firearm permit;

    (3) The hunter possesses a valid hunting permit as outlined in Section 12(a); 

    (4) The hunter possesses the required tags for the species targeted, if required;
    (5) The hunter is participating in a free hunting day as outlined in Section 15;

     

    (b) Not adhering to the requirements above shall be punishable under Section 14(a) of this Act.

     

    (c) Hunting within the State shall be restricted to species under category 2 and 3. Hunting specimens that fall under category 1 is prohibited and this shall be punishable under Section 14(c) of this Act.

     

    SECTION V. FISHING

    (a) Fishing on a dock shall be lawful within the State.

     

    (b) Fishing on a boat shall be lawful within the State, if the following requirements are met:

    (1) Vessels being fished from are equipped with at least one Type IV floatation device while occupied with fishermen. 

     

    (c) Not adhering to the requirements above shall be punishable under Section 14(b) of this Act.

     

    (d) No fish may be taken within 250 feet of: 

    (1) Any fishway or any egg-taking station. 

    (2) Any dam or any weir or rack which has a fishway or an egg-taking station. 

    (3) The upstream side of any fish screen. Fish may be taken upstream or downstream from any dam that does not have a fishway or egg-taking station.

     

    (d) Fishing within the State shall be restricted to species under category 2 and 3. If category 1 specimens are caught, they are to be immediately returned to the water. Failure to do so shall be punishable under Section 14(c) of this Act.

     

    (e) Commercial fishing on a boat shall be lawful within the State, if the following requirements are met:

    (1) Vessels being fished from are equipped with at least one Type IV floatation device while occupied with fishermen. 

    (2) Vessels being fished from are using trawling method ( bottom trawls and midwater trawls )

    (3) Vessels being fished from may only fish from wild saltwater fisheries

    (4) If the owner of the vessel being fished from posses the valid business license and commercial fishing license. 

     

     

    SECTION VI. HUNTING SAFETY

    (a) All visitors that are entering, traversing through or staying in a designated hunting area are to always wear the appropriate hunting attire, this includes an orange vest or piece of clothing covering their torso, with the optional orange headwear, in order to prevent hunter-on-hunter or hunter-on-visitor accidents. 

     

    (b) Hunters shall not open fire from any vehicle, be it moving or static.

     

    (c) Hunters shall not open fire on big game within 50 feet from them, unless it is done in the act of self-defense. 

     

    (d) Hunters shall use long guns or shotguns to hunt.

     

    (e) The act of hunting is to be executed within one of the designated hunting areas described in Section 9.

     

    (f) It shall be unlawful to hunt within the boundaries of Los Santos, Sandy Shores or Paleto Bay.

     

    (g) It shall be unlawful  to discharge your firearm within 150 yards of a dwelling or building without owner permission, from or across any graded or public road, or from any type of motor vehicle.

     

    (h) Failure to adhere to the safety regulations set forth in this section, shall be punishable under Section 14(e) of this Act.

    ((Example of appropriate attire: Female undershirt: 161 (color 2), hat: 141 (color 24) - Male undershirt: 131 (color 2), hat: 142 (color 24) ))

    ((Example of appropriate attire: Female undershirt: 154 (color 2), hat: 141 (color 24) - Male undershirt: 124 (color 2), hat: 142 (color 24) ))

    (i) In instances where an individual is able to establish a clear case of self-defense or an accident, they shall not be liable to punishment under Section 14(e).

     

     

    SECTION VII. BAIT FISH CAPTURE METHODS

    (a) Approved bait fish may be taken only by hand, with a dip net not exceeding 36 inches in greatest dimension, excluding handle, or with traps not over three feet in greatest dimension. Such bait fish may not be purchased, bartered, sold, transferred or traded; or transported alive from the location where taken. Any other species taken shall be returned to the water immediately. Traps need not be closely attended.


    (b) A dip net must be hand held, and the motion of a dip net shall be caused only by the physical effort of the operator. A dip net may not be moved through the water by any mechanical force or motorized device. 

     

    (c) Within the area South of North Calafia Way and North of Great Ocean Highway, approved bait fish may be taken only with dip nets with diagonal mesh size one inch and greater, or by traps in water greater than four feet in depth. Traps may not exceed three feet in the greatest dimension. Approved bait fish may not be taken by hand within this area.

     


    SECTION VIII. TAGGING

    (a) In order to keep the population of species at an acceptable level, Hunting Tags will be issued. These tags represent one dispatched specimen of a specific species and gender. These tags are to be acquired from the agency enforcing this Act.

     

    (b) Species listed under category 2 will always require a Hunting Tag, whereas species listed under category 1 do not require a Hunting Tag.

     

    (c) Upon dispatching a specimen, you are required to immediately fill in the tag with a date, time and place. And to attach said tag to the carcass of the specimen shot. Failure to do so shall be punishable under Section 14(g) of this Act.

     

    (d) When the specimen is broken down for skin, rack or meat. The tag is to be divided over aforementioned pieces. Failure to do so shall be punishable under Section 14(g) of this Act.

     

    (e) Hunting Tags are personalized permits that are non-transferrable. 

     

    (f) Possession of a carcass without a valid Hunting Tag shall be unlawful and punishable under Section 14(g) of this Act.

    (g) In instances where an individual is able to establish a clear case of self-defense or an accident, they shall not be liable to punishment under Section 14(g).

     

     

    SECTION IX. DESIGNATED HUNTING AREAS

    (a) This Act establishes designated hunting areas that are defined by the Executing Agency and are a publicly kept record.

     

    (b) Forty-eight hours prior to changing the designated hunting areas, the Executing Agency is to issue a statement stating that the designated hunting areas are changing.

     

    (c) The Executing Agency is tasked with informing their licensees via email or physical mail of the changes made to the designated hunting areas. 
     

     

    SECTION X. ETHICS

    (a) The act of hunting is always to be executed ethically. Failure to do so shall be punishable under Section 14(d) of this Act, unless the individual is able to demonstrate a clear case of self-defense or accident to have occurred. Ethics violations shall be:

    (1) Hunting with an insufficient caliber rifle.

    (i) Large game is to be hunted with  12 gauge or a .223 or larger centerfire cartridge.

    (ii) Flying game may be hunted with any size of shotgun. 

    (iii) When hunting flying game over water way or lake, steel shot shotgun shells must be used. 

    (2) Failure to dispatch specimens in an ethical manner.

    (3) Failure to follow up on a shot.

    (4) Leaving a dispatched specimen behind. 

     

     

    SECTION XI. ENFORCEMENT

    (a) This bill establishes the San Andreas Fish and Wildlife Agency. The agency oversees every aspect of the Hunting & Animal Protection Act.

     

    (b) The San Andreas Fish and Wildlife Agency is a department that falls under the Office of the Governor. Per this provision the, Governor shall be tasked with filing funding requests for the Fish and Wildlife Agency. 

     

    (c) The Executing Agency, in conjunction with the Governor's Office are tasked with the following:

    (1) Enforcement of this Act.
    (2) Designating designated hunting areas.

    (3) Designating animal protection categories. 

    (d) Should a police investigation be conducted in any designated hunting area, the Executing Agency holds the right to temporarily suspend hunting activities to ensure general public safety.

     

    (e) A director, nominated by the Secretary of State and approved by the State Legislature of San Andreas, should seek to be appointed within one calendar month of this bill becoming law.

     

    (f) In case of absence of the Executing Agency, the Governor's Office shall assume responsibility, until fully operational again. 

     

    SECTION XII. HUNTING PERMIT

    (a) A license for lawful and legal hunting will be established, to be ordered under the Office of the Governor. The Office of the Governor shall be required to ensure that the potential licensee:

    (1) Holds a valid PF/CCW License.

    (2) Is over the age of twenty-one.

    (3) Has not been convicted of a felony.

    (4) Completes a mandatory hunting safety course. 

     

    (b) The Office of the Governor reserves the right to order Law Enforcement Agencies within local and municipal governments to issue Hunting Licenses.

    (c) Hunting Licenses are liable to revocation by the issuing authority for thirty-one (31) days if three (3) consecutive offences are committed as outlined in Section 14.

     

    SECTION XIII. COMMERCIAL FISHING PERMIT

    (a) A license for lawful and legal hunting will be established, to be ordered under the Office of the Governor. The Office of the Governor shall be required to ensure that the potential licensee:

    (1) Commercial Boat Registration 

    (2) Nonresident Commercial Fishing License - Employers are legally obligated to pay one time fees for their employees. ( per person )

    (3) Has not been convicted of a felony ( Applier for the Commercial Boat Registration ( Owner/co-owner/stakeholder of the business ) must not be convicted of a felony ) 

    (4) Completes a mandatory hunting safety course

     

    (b) The Office of the Governor reserves the right to order Law Enforcement Agencies within local and municipal governments to issue Hunting Licenses.


    SECTION XIV. OFFENSES

    (a) Illegal Hunting (Misdemeanour) – The act of executing the act of hunting without meeting the requirements set forth in Section 4(a).
    This is punishable with a fine of no less than 1000 dollars and no more than 2500 dollars, and shall receive a minimum of 1 hour and a maximum of 3 hours. 


    (b) Illegal Fishing (Misdemeanour) – The act of executing the act of fishing without meeting the requirements set forth in Section 5(a) and Section 5(b).
    This is punishable with a fine of no less than 1000 dollars and no more than 2500 dollars, and shall receive a minimum of 1 hour and a maximum of 3 hours.


    (c) Poaching (Misdemeanour) – The act of dispatching specimens that are classed under category 1, or the act of dispatching a specimen they do not hold a tag for. The act of dispatching specimens without being in possession of  the required permit and tags. 
    This is punishable with a fine of no less than 2500 dollars and no more than 5000 dollars, and shall receive a minimum of 1 hour and a maximum of 3 hours.


    (d) Hunting Ethics Violation (Misdemeanour) – The act of breaking the ethics rules set forth in Section 10(a) of this Act.
    This is punishable with a fine of no less than 500 dollars and no more than 1750 dollars, and shall receive a minimum of 1 hour and a maximum of 3 hours.


    (e) Hunting Safety Violation  –
    (1) (Infraction) The act of breaking the safety rule set forth in Section 6(a) and Section 6(h).
    (i) This is punishable with a fine of no less than 250 dollars and no more than 750 dollars.
    (2) (Misdemeanour) The act of breaking the safety rules set forth in Section 6(b) - Section 6(g).  
    (i) This is punishable with a fine of no less than 750 dollars and no more than 1500 dollars, and shall receive a minimum of 1 hour and a maximum of 3 hours.


    (f) Fishing Safety Violation (Misdemeanour) – The act of breaking the safety rules set forth in Section 7.
    This is punishable with a fine of no less than 500 dollars and no more than 1500 dollars, and shall receive a minimum of 1 hour and a maximum of 3 hours.


    (g) Hunting Fraud (Misdemeanour) – The act of using Hunting Tags in a fraudulent manner, this includes but is not limited to failure to tag, wrongful tagging of species, reusing tags.
    This is punishable with a fine of no less than 1500 dollars and no more than 5000 dollars, and shall receive a minimum of 1 hour and a maximum of 3 hours.

    SECTION XV. FREE HUNTING DAY
    (a) Notwithstanding Section IV, the Director of Fish and Wildlife shall designate a day per each calendar month as "Free Hunting Day". This department, or one appointed by the Director of Fish and Wildlife, shall publish the exact dates of the free hunting days in monthly publications. 

    (b) During a free hunting day, a San Andreas resident may hunt if accompanied by a hunter who holds a valid hunting license issued by the State of San Andreas, is at least 21 years of age, and accompanies only one unlicensed hunter in the field at a time. An unlicensed hunter shall undergo and complete a hunter education course approved by the San Andreas Park Rangers, and before participation the licensing division of the aforementioned department shall express their approval in written form. While engaged in hunting activities, the unlicensed hunter shall remain in close visual and verbal contact with the licensed hunter at all times. 

    (c) An unlicensed hunter who participates in a free hunting day shall have in his or her possession all of the following:
    (1) The written approval of San Andreas Park Ranger's licensing division.
    (2) Any required tags or report cards.

    (d) An unlicensed hunter hunting pursuant to this section is subject to all limitations, restrictions, conditions, statutes, rules, and regulations applicable to the holder of a valid hunting license, except the requirement to possess a valid hunting license.

    (e) The handling departments may adopt additional minimum requirements and restrictions for licensed or unlicensed hunter participating in a free hunting day pursuant to this section.

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    State Handling of All Firearms and Training Act of 2021 (SHAFT ACT)

    in Archive

    Posted · Edited by vrb

      

     

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    State Handling of All Firearms and Training Act of 2021
     

    This act outlines the Firearm licensing and training law for the State of San Andreas.

     

    THE PEOPLE OF THE STATE OF SAN ANDREAS DO ENACT AS FOLLOWS:

     

    CHAPTER I. GENERAL PROVISIONS

     

    SECTION I. TITLE

    This title shall be known and may be cited as the "State Handling of All Firearms and Training Act Amendments of 2021."

     

    SECTION II. FINDINGS & DECLARATIONS

     

    (a) For the purposes of this law and all references to this law, "municipal authority" and all variations are referencing the primary municipal governing authority of a city/county or their agents or subdivisions, where applicable, as determined by the governing body of said region regardless of this Act.

     

    (b) For the purposes of this law and all references to this law, "licensee" and all variations are referencing the individual person in possession of an authorized firearm license, where applicable.

     

    (c) For the purposes of this law and all references to this law, “firearm licensing” and all variations are referencing the licensing requirements and regulations of this Act.

     

    (d) For the purposes of this law and all references to this law, "state court" and all variations are referencing the established state judiciary authority of a region, county, municipality, or other established subdivisions of government, where applicable.

     

    (e) For the purposes of this law and all references to this law, “semi-automatic” refers to the function of a firearm using the force of recoil or gas to eject the empty case and load another cartridge into the firing chamber for the next shot per trigger pull and rifles that are equipped with up to 2x magnifying optics.

     

    (( The following items meet the definition (e): Combat Pistol, Heavy Pistol, Pistol, Pistol .50, SNS Pistol, Vintage Pistol, Pistol Mk II, SNS Pistol Mk II))

     

    (f) For the purposes of this law and all references to this law, “machine gun” refers to a firearm that has the function of firing more than one shot without manual reloading, by a single function of the trigger.

    (( The following items meet the definition (f): AP Pistol, Assault Shotgun, Assault SMG, Combat MG, Combat MG Mk II, Combat PDW, Gusenberg Sweeper, Machine Pistol, MG, Micro SMG, Mini SMG, SMG, SMG Mk II, Assault Rifle, Assault Rifle Mk II, Bullpup Rifle, Bullpup Rifle Mk II, Carbine Rifle, Carbine Rifle Mk II, Compact Rifle, Special Carbine, Special Carbine Mk II, Minigun ))

     

    (g) For the purposes of this law and all references to this law, “modified weapon” refers to any firearm with the following modifications:
     

    - Silencer
    - Bump Stock
    - Any and all modifications that alter a firearm into a machine-gun

     

    (h) For the purposes of this law and all references to this law, “ destructive devices” refers to any of the following:

    ·    (1) item of explosive, incendiary, or poison gas which has a propellant charge of more than 4 ounces, missile having an explosive charge of more than 1/4 ounce, mine, as well as any device that may launch any of the aforementioned items.     

    (( The following items meet the definition (1): Compact Grenade Launcher, Grenade Launcher, Railgun, Rocket Launcher, BZ Gas, Grenade, Molotov Cocktail, Proximity Mine, Pipe Bomb, Sticky Bomb, Tear Gas ))    

     

    (i) Devices used for signal purposes only (i.e. flares or smoke) are exempt from the destructive device definition so long as the launcher, if applicable, is not accompanied with the aforementioned items found under definition (1). However if signal devices are used in an anti-personnel manner then they shall be deemed destructive devices.

    (( The following items meet the definition (1(i)): Flare, Flare Gun, Firework Launcher ))       

     

    (2) Any weapon by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or another propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter (.50 inches or 12.7 mm), except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes;   

    (( The following items do not meet the definition (2): Pump Shotgun, Heavy Shotgun, Pump Shotgun Mk II, Bullpup Shotgun ))

     

    (3) Any combination of parts either designed or intended for use in converting any device into a destructive device as defined in subparagraphs (1) and (2) and from which a destructive device may be readily assembled.   

     

    (4) Any firearm or launcher used in conjunction with anti-personnel ammunition that easily expands or flattens in the body; ammunition that is designed to penetrate ballistic armor and protective shields intended to stop or deflect conventional bullets; ammunition that consists of a soft core encased in an outer shell of harder metal. Any and all special types of incendiary-effect rounds and shells that may consist of magnesium pellets/shards, or any pointed steel projectiles that have a vaned tail for a stable flight.  

    (( The following ammunition types meet the definition (4): Incendiary Rounds, Armor Piercing Rounds, Full Metal Jacket, Dragon’s Breath Shells, Flechette Shells, Explosive Slugs, Explosive Rounds, Hollow Point Ammunition ))

     

     

    (i) - For the purposes of this law and all references to this law, “bolt action” refers to the function of a firearm requiring the manual action of operating the bolt in order to eject and load cartridges per shot, per trigger pull.    

     

    (j) - For the purposes of this law and all references to this law, “lever action” refers to the function of a firearm requiring the manual action of operating the lever in order to eject and load cartridges per shot, per trigger pull.    

     

    (k) - For the purposes of this law and all references to this law, “revolver” refers to a firearm with a revolving cylinder with multiple chambers and only one barrel for firing.

    (( The following items meet the definition (k): Double Action Revolver, Heavy Revolver, Heavy Revolver MkII ))     

     

    (l) For the purposes of this law and all references to this law, “break action” refers to a firearm in which the barrel is hinged to the bore axis and requires for it to be rotated to expose the breach.

    (( The following items meet the definition (l): Marksman Pistol ))         

     

    (m) - For the purposes of this law and all references to this law, “short-barreled rifle” refers to a rifle having a rifle barrel of less than 16 inches in length or a weapon made from rifle having an overall length of less than 26 inches or a barrel(s) of less than 16 inches in length.          

     

    (n) - For the purposes of this law and all references to this law, “short-barreled shotgun” refers to a shotgun having a smoothbore barrel or barrels of less than 18 inches in length or a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel(s) of less than 18 inches in length. 

    (( The following items meet the definition (n): Bullpup Shotgun, Sawed-Off Shotgun, Sweeper Shotgun ))         

     

    (o) - For the purposes of this law and all references to this law, “any other weapon” is any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive other than a handgun with a rifled barrel. 

    (( The following items meet the definition (o): Double Barrel Shotgun ))

     

    (p) - For the purposes of this law and all references to this law, “suppressor” is any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts intended for use in assembling or fabricating a firearm suppressor.        

    (( The following items meet the definition (p): Suppressor ))           

     

    (q) - For the purposes of this law and all references to this law, “scoped rifle” refers to a firearm with a magnifying optic greater than 2x magnification.

    (( The following items meet the definition (q): Sniper Rifle, Heavy Sniper, Heavy Sniper Mk II, Marksman Rifle, Marksman Rifle II, Hunting Rifle ))     

     

    (r) - For the purposes of this law and all references to this law, “law enforcement officer” refers to any individual who is an employee or volunteer of a government agency, whose duties include the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest.     

     

    (s) - For the purposes of this law and all references to this law, “used firearms” refers to a firearm that has had at least one owner registered with its serial number.          

     

    (t) - For the purpose of this law and all references to this law, “new firearms” refers to a firearm that has had no owners registered with its serial number.        

     

    (u) - For the purpose of this law and all references to this law, “law enforcement agency” refers to any agency responsible for the enforcement of federal, state, and/or municipal laws, within the jurisdiction of the State of San Andreas.

     

    (v) - For the purpose of this law and all references to this law, “place of business” refers to any store, warehouse, manufacturing establishment, place of amusement or recreation, service station, food handling establishment, or any other place where people are employed or are served services.

     

    SECTION III: GOVERNMENT LICENSING AUTHORITY

     

     (a) The State of San Andreas hereby delegates authority over the issuance and enforcement of all firearm licensing within their established jurisdictional bounds. This authority is delegated to the municipal authority by the state and shall include, but not be limited to, the following sorts of licenses and/or permits;

     

    ·    Personal Firearms License

    ·    Concealed Carry Firearm License

    ·    Security Guard License

    ·    Law Enforcement Concealed Carry of Weapons License


    (b) The State of San Andreas authorizes the municipal authorities to levy fees regarding the issuance of a license or permit. The fees are to be defined as follows;

     

    ·    No fee shall be charged for a Personal Firearm License

    ·    $5000 for a Concealed Carry Weapon License

    ·    $5000 for a Security Guard License


    (c) The San Andreas State Senate shall be the only body authorized to form additional regulations, restrictions or to amend the SHAFT Act at the request of the municipal governments and, or, the delegated authority over the issuance and enforcement of firearm licensing.

     

     

    SECTION IV: PERSONAL FIREARMS LICENSING

     

     

     (a) The State of San Andreas declares that the following requirements for obtaining and maintaining a Personal Firearm License must be observed. These requirements are as follows;

     

    ·    Licensee must be at least eighteen years of age if intending to purchase a rifle or shotgun, or twenty-one years of age if intending to purchase a handgun.        

     

    ·    Licensee must be a lawful resident in the State of San Andreas.      

     

    ·    Licensee, as a condition of receiving the license, must submit a valid photograph and fingerprint card in line with the licensing authority’s requirements. 

     

    ·    Licensee must not have been convicted of a felony, violent misdemeanor, or the following misdemeanors:

    Any San Andreas Penal Code, Title II misdemeanor

    Any San Andreas Penal Code, Title VI misdemeanor

    506. Possession of a Controlled Substance

    507. Possession of a Controlled Substance with Intent to Distribute

    In the United States of America, unless that conviction has been overturned or expunged.
     

     

    ·    Licensee is not a fugitive from justice, is not on probation, and is not on parole.        

     

    ·    Licensee must not be an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance.      

     

    ·    Licensee must not have been adjudicated as mentally defective or have been committed to a mental institution.    

     

    ·    Licensee must not have been dishonourably discharged from the armed services of the United States military.         

     

    ·    Licensee must not be subject to any court order restraining the licensee from harassing, stalking, or threatening a child or an intimate partner or child of such partner.

     

    ·    Licensee shall not be subject to a court order of protection or any court order to not own or possess firearms.

    ·    Licensee must not have been convicted of any form of domestic violence.    

     

    ·    Licensee must be a citizen or a permanent resident of the United States of America.          

     

    ·    Licensee must have never renounced their United States citizenship.        

     
    ·  Licensee must possess a San Andreas State-issued Driver’s License, or a valid document that meets the statutory definition of an identification document in the United States of America.    

     

     

    SECTION V: CONCEALED CARRY WEAPON LICENSE

     

    (a) The State of San Andreas declares that the following requirements for obtaining and maintaining a Concealed Carry Weapon License must be observed. These requirements on a state level are as follows;

     

    ·    Licensee must possess a valid Personal Firearms License and adhere to all requirements outlined in this Act. 

     

    ·    Licensee must pass a knowledge exam demonstrating an understanding of safe firearm handling through the licensing authority or approved vendor by said licensing authority.

     

    ·    Licensee may need to provide ‘good cause’ to the municipal authority, ‘good cause’ shall be defined by the licensing authority. 

     

    ·    Licensee must not act as a security guard of any type with a concealed firearm or exposed firearm unless they have a Guard Card.

     

     

    ·    Licensee must only concealed carry firearms denoted on their license.

     

    SECTION VI: SECURITY GUARD LICENSE

     

    (a) The State of San Andreas declares that the following requirements for obtaining and maintaining a Security Guard License must be observed. These requirements on a state level are as follows;

     

    ·    Licensee must possess a valid Personal Firearms License. Law Enforcement Officer Concealed Carry Licenses may be substituted for this requirement.        

     

    ·    Licensees must also have never been convicted of any crime where deception was a factor (ie: theft, embezzlement, fraud) unless that conviction has been overturned.         

     

    ·    Licensee must possess a valid High School Diploma or GED.        

     

    ·    Licensee must display a copy of their security guard license upon request to a police officer when in possession of an exposed or concealed firearm during active work within their scope of employment.

     

    (b) Municipal authorities may dictate the title for the Security Guard License as long as the title chosen conveys that the license identifies the individual as a certified Security Guard.

     

    SECTION VII: LAW ENFORCEMENT OFFICER CONCEALED CARRY WEAPONS LICENSE 

     

    (a) The State of San Andreas declares that the following requirements for obtaining and maintaining a Law Enforcement Officer CCW License must be observed, as the baseline for which additional regulations and requirements may be codified by the municipal agency. These requirements on a state level are as follows;

     

    ·    Licensee must have read and understood the licensing requirements for the PF and CCW licenses.

     

    ·    Licensee must have an official endorsement and sponsorship by an accredited law enforcement agency in the State of San Andreas.

     

    ·    Licensee must have passed their probationary period as denoted by the sponsoring agency.

     

    ·    Licensee, as a condition of receiving the license, must submit a valid photograph and fingerprint card in line with the municipal authority’s requirements.

    ·    Licensee must hold a valid Personal Firearms License, obtained prior to the application for a Law Enforcement Officer CCW License.
     

    (b) The Law Enforcement Officer Concealed Carry Weapon License will carry the same privileges as only the PF and CCW license.

     

    SECTION VIII: POSSESSION OF FIREARMS

     

    (a) No person shall be authorized to be in possession of a firearm unless;

     

    ·    The person holds a valid Personal Firearms License.        

     

    ·    That person is a government employee authorized to carry a firearm by a licensing authority and is acting within the scope of employment.      

     

    ·    The person is an employee of a business where handling firearms is part of the scope of employment and has the appropriate license (ie: gun stores).        

     

    ·    The person is in temporary possession of a firearm at a licensed gun store and is not prohibited from obtaining a valid Personal Firearms License.

     

    ·    The person is in temporary possession of a firearm within a hunting or sporting zone designated by the State or Municipal Government and is not prohibited from obtaining a valid Personal Firearms License.         

     

    ·    The person is in possession of the firearm for a verifiable reason that promotes public safety such as but not limited to;      

     

    ·     Finding an abandoned firearm in public and turning it over to the police.

     

    ·     Taking control of a weapon from a suicidal or homicidal person.

     

    SECTION IX: CARRYING OF FIREARM

     

    (a) No person shall carry an exposed firearm unless;

    (i) ·    The person is a law enforcement officer or an authorized state official while on duty; or

    ·    The person holding a valid Guard Card, in accordance with Section VI of this Act, is on company property, acting within their scope of employment.

    (ii) ·    The person holds a valid Personal Firearms License; and

    ·    The person is located within the designated unincorporated areas of San Andreas, as defined under Section XVI of this Act.

    (iii) ·    The person is on private residential property or place of business owned by them, or a person who consents to them carrying the exposed firearm on their property.

     

    (b) Any person open carrying their firearm must adhere to the following;

    ·    The person must keep their handgun properly holstered to their hip or leg; and

    ·    The person carrying their holstered handgun may keep the handgun loaded or unloaded; and

    ·    The person carrying a long gun must never point the muzzle at another person. The person may carry the long gun using the trail carry, two-hand carry, side carry, cradle carry, shoulder carry, or sling carry technique; and 

    ·    The person carrying the long gun must keep it unloaded at all times.

     

    (c) No person shall carry a concealed firearm unless;

     

    ·    The person holds a valid Concealed Carry Weapon License, in accordance with Section V of this Act, or a Law Enforcement Concealed Carry Weapon License, in accordance with Section VII of this Act.

    ·    The person holds a valid Security Guard License, in accordance with Section VI of this Act, is on company property, acting within their scope of employment. 

    ·    The person is a law enforcement officer acting or an authorized state official acting within the scope of their employment.

    ·    The person is on private residential property owned by them or a person who consents to them carrying a concealed firearm on the property.

     

    (d) No person shall carry a firearm on them, except law enforcement officers or licensed security professionals acting within their scope of employment, or any individual with expressed or written permission from an authorized representative of the property into the following properties or zones: Government owned buildings, Police Stations, Fire Stations, Courthouses, Hospitals, Schools and/or Universities and Correctional Facilities.

     

    (e) A person who displays a firearm in a valid self defense situation, with no viable legal alternative will enjoy protection from a charge under Title VI of the penal code. 

     

    (f) The legal open carry of a firearm alone shall not constitute probable cause for a police stop.

     

    (g) No person under the influence of marijuana, narcotic drug, mind altering drug, any other controlled substance, or exceeding 0.08% BAC shall be in the possession of a firearm on their person.
     

    SECTION X: POSSESSION AND CARRYING OF PROHIBITED FIREARMS

     

    (a) No person shall be in possession and carrying of a machine gun, short-barreled rifle, short-barreled shotgun, modified weapon, scoped rifle, any other weapon, destructive device, or suppressor unless;

     

    ·    The person is authorized by the delegated authority over the issuance and enforcement of all firearm licensing, also known as a licensing authority, as outlined in Section III of the SHAFT Act, and

    ·    The person is fit to carry a firearm in accordance to the criteria set forth by this Act, as outlined by Sections IV, V and, or, potentially VII.
     

    ·    The person is a law enforcement officer employed by a law enforcement agency and is acting within their scope of employment or is an authorized state agent acting within the scope of their duties.

     

    (b)  A person found in possession and carrying of a machine gun, short-barreled rifle, short-barreled shotgun, modified weapon, scoped rifle, any other weapon, destructive device, or suppressor while retaining the authorization to do so under Section X(a) shall do so by adhering to Section IX of this Act.

    (c)  A person may be in the possession and carrying of a scoped rifle whilst complying with the Hunting and Animal Protection Act of 2021.

     

    SECTION XI: TRANSFERRING OF FIREARMS

     

    (a) No person shall transfer a firearm unless:

     

    ·    The transfer is temporary, is done for either hunting, fishing, camping, or a training purpose, and the owner of the firearm does not have reason to believe that the person they are temporarily transferring the firearm to is not prohibited from obtaining a valid Personal Firearms License. Firearms can also be temporarily transferred to other persons for display or recreational conversation as long as the weapon is not loaded.

     

    ·    The firearm is being given to an on duty Law Enforcement Officer who is acting in the scope of their employment.

     

     

    SECTION XII: SALE OF FIREARMS

     

    (a) No person shall sell a used firearm unless the sale is conducted in conjunction with the licensing authority, before finalizing the sale of the firearm.

     

    (b) No person shall sell a new firearm unless the sale is conducted by a business with the appropriate licensing as determined by Section 201 of the San Andreas Business Licensing & Municipal Accountability Act or unless the sale is conducted by a licensing authority.

     

    (c) Violation of this Section shall be treated as an offence, punishable with up to 24 hours imprisonment or $5,000 fine, or both.

     

     

    SECTION XIII: FIREARM TRACKING & ACCOUNTABILITY

     

    (a) All firearms manufactured, sold, or possessed within the state are required to have a valid serial number etched onto the receiver of the firearm and to have that serial number registered with the U.S. Bureau of Alcohol, Tobacco and Firearms (ATF). Firearms that have been manufactured, sold, or possessed before the enactment of this law that does not meet these requirements will be given a grace period of one month from the date of enactment of this law to ensure registration is achieved with a licensing authority.

     

    (b) Firearms that do not have valid serial numbers on them are required to report to a licensing authority to have a serial number etched onto the firearm and to have it registered or to have the firearm destroyed by a licensing authority.

     

    (c) Firearms that are to be destroyed must be taken to a law enforcement officer and surrendered to the appropriate representative of the law enforcement agency.

     

    (d) Firearms that are lost or stolen must be reported within 72 hours, failing which the owner shall only be liable to civil consequences that may arise out of the use of such firearms.

     

    (e) Firearms must be accounted for, by their owners, at an interval not exceeding 24 hours, with any loss or theft thereof being reported in accordance with sub-clause (d) above.

     

    (d) The State of San Andreas shall, through a local liaison with the U.S. Bureau of Alcohol, Tobacco and Firearms (ATF), provide information, transactional history and serial numbers via the Firearms Transaction Record form to law enforcement agencies. 

     

     

    SECTION XIV: STORAGE & TRANSPORTATION

     

    (a) Firearms that are in the process of being transported in a vehicle, or from a resident or commercial property from one location to another will be subject to the following provisions:           

     

    · Must be announced to law enforcement in the event of a law enforcement stop. The announcement is to be made at the beginning of the stop, as soon as contact is made with the law enforcement official. This provision shall not apply to concealed carrying of legal firearms. 

     

    · The firearm will be unloaded and transported in an enclosed container. Devices that are listed as acceptable would be an enclosed compartment of a vehicle, or a metal or fabric gun case. Carrying a firearm concealed is an exception.

     

    ·    This shall also apply to any searches of residential or commercial property where firearms are present as long as the proper licenses have been issued.

     

    SECTION XV: SHAFT & PENAL CODE AUTHORITY

     

    (a) All violations of the SHAFT Act shall be given special standing and definition under the San Andreas Penal Code. A SHAFT violation will not be charged in conjunction with another Title 6 crime, instead, the Title 6 crime will be charged instead.

    (b) Being charged with any crime that would result in violating any of the sections of the State Handling of All Firearms and Training Act will result in an indefinite suspension of all firearm licenses during the court proceeding and revoked upon conviction, if applicable. Otherwise, all suspended firearm licenses shall be reinstated. 

     

    SECTION XVI: DEFINING INCORPORATED AND UNINCORPORATED AREAS OF SAN ANDREAS

     

    (a) The Office of the Governor of San Andreas shall determine boundaries of unincorporated and incorporated areas of San Andreas with the consent of the San Andreas Senate by a simple majority vote.

     

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