Supreme Court of San Andreas,
I, Herrman Wolff, citizen of the state of San Andreas, wish to invoke Article III, Section 3.2, of the constitution:
There may be attempts to refute this notion in that there are claims that an individual has the option not to apply for the licence, and therefore it is a contentious choice, but this seems to be far detached. The avenue that individuals are required to traverse for a firearm licence reissuing is single tracked, meaning they are being railroaded into purposefully and unconstitutionally forfeiting their 4th Amendment rights.
There is considerable reason for review that, even entering into such an agreement willingly, constitutes an unbalanced agreement and is an unconscionable contract as the ability to breach and individual's constitutional rights is a disproportionately one-sided agreement. The agreeing party in return only receives the ability to obtain a firearm, that is still heavily controlled whereas they must unconstitutionally forfeit their 4th Amendment for a period of possibly their entire life, giving up basic search rights. Since individuals who have lost their licence and have had to reapply are all included together, this means numerous individuals are to be subject to these regulations and it whilst unlikely, It's still possible that over time, the majority of citizens may have to reapply, meaning that the constitutional protections do not apply to them, thus breaching the sanctity of the constitution.
The refuting argument of individuals choosing and agreeing to this is also debatable due to the new circumstances surrounding the regulations. Previously, the Firearms and Licensing Division had a FORM B and a FORM C licence and these requirements only applied to the FORM C. The Firearms and Licencing Division has stated that all issued licences will be persisted and that the FORM B and the FORM C will be amalgamated into the single Firearms Licence (CRIMINAL). The turn here is that individuals who previously were not subject to the clauses in the agreement and applied under the FORM B procedure, are not forced to be subjected to the new rules and regulations and thus have had their 4th Amendment rights unconstitutionally broken without any form of consent (not that any form of consent should be possible regardless).
I request that you undertake a Judicial Review of these regulations and declare them unconstitutional, and you advise the Los Santos Police Department's Firearm and Licencing Division on constitutional procedures and regulations.
Kind Regards,
Herrman Wolff
Citizen and Weazel News Media Manager
I, Herrman Wolff, citizen of the state of San Andreas, wish to invoke Article III, Section 3.2, of the constitution:
The Supreme Court is vested with the authority to perform the judicial review of all laws, along with public acts (decisions and determinations by tribunals, agencies and branches of government) in order to determine their constitutionality. The power of judicial review may not be excluded by any act of the government or any endeavor of the legislature through the enactment of law. Judicial review is not limited to errors of law but may also include errors of fact. Judicial review may be solicited by any citizen of San Andreas with founded and constitutional arguments
I request that the Firearms and Licencing Division requirements for Firearms Licence (CRIMINAL) is put through Judicial Review and declared unconstitutional due to its breaches of the 4th Amendment of the constitution, which states:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The 4th Amendment protects individuals from unreasonable searches and seizures, which is in direct conflict with two of the additional regulations' set out by the Firearm and Licencing Division in its Firearms Licence (CRIMINAL) regulations. The requirements are: These requirements seem to exist in contradiction to Amendment 4 of the constitution and force an individual into a situation where the search that is preformed on them can occur without probable cause and is entirely unreasonable.
- You will be subject to random stops and searches by San Andreas Law Enforcement.
- You will be subject to random visitations at any or all of your registered properties to ensure you are remaining faithful to the San Andreas Penal Code.
There may be attempts to refute this notion in that there are claims that an individual has the option not to apply for the licence, and therefore it is a contentious choice, but this seems to be far detached. The avenue that individuals are required to traverse for a firearm licence reissuing is single tracked, meaning they are being railroaded into purposefully and unconstitutionally forfeiting their 4th Amendment rights.
There is considerable reason for review that, even entering into such an agreement willingly, constitutes an unbalanced agreement and is an unconscionable contract as the ability to breach and individual's constitutional rights is a disproportionately one-sided agreement. The agreeing party in return only receives the ability to obtain a firearm, that is still heavily controlled whereas they must unconstitutionally forfeit their 4th Amendment for a period of possibly their entire life, giving up basic search rights. Since individuals who have lost their licence and have had to reapply are all included together, this means numerous individuals are to be subject to these regulations and it whilst unlikely, It's still possible that over time, the majority of citizens may have to reapply, meaning that the constitutional protections do not apply to them, thus breaching the sanctity of the constitution.
The refuting argument of individuals choosing and agreeing to this is also debatable due to the new circumstances surrounding the regulations. Previously, the Firearms and Licensing Division had a FORM B and a FORM C licence and these requirements only applied to the FORM C. The Firearms and Licencing Division has stated that all issued licences will be persisted and that the FORM B and the FORM C will be amalgamated into the single Firearms Licence (CRIMINAL). The turn here is that individuals who previously were not subject to the clauses in the agreement and applied under the FORM B procedure, are not forced to be subjected to the new rules and regulations and thus have had their 4th Amendment rights unconstitutionally broken without any form of consent (not that any form of consent should be possible regardless).
I request that you undertake a Judicial Review of these regulations and declare them unconstitutional, and you advise the Los Santos Police Department's Firearm and Licencing Division on constitutional procedures and regulations.
Supporting Documents
Glossary For Non-Judicial Individuals
Unbalanced Agreement
An unbalanced agreement in the broad sense is one that, either from the outset, or through the course of events, creates a situation where one of the parties to the agreement suffers vastly greater detriment to any benefit that may result to it under the agreement (i.e., carrying out their ‘end’ costs them much more than they gain from the agreement.)
Unconscionable Contract
An unconscionable contract is a contract that is so severely one-sided and unfair to one of the parties that it is deemed unenforceable under the law.
Unconstitutional
not in accordance with the political constitution or with procedural rules.
Firearms license
A firearms license is a license or permit issued by the Los Santos Police Department, that allows the licensee to buy, own, possess, or carry specific firearms.
Unbalanced Agreement
An unbalanced agreement in the broad sense is one that, either from the outset, or through the course of events, creates a situation where one of the parties to the agreement suffers vastly greater detriment to any benefit that may result to it under the agreement (i.e., carrying out their ‘end’ costs them much more than they gain from the agreement.)
Unconscionable Contract
An unconscionable contract is a contract that is so severely one-sided and unfair to one of the parties that it is deemed unenforceable under the law.
Unconstitutional
not in accordance with the political constitution or with procedural rules.
Firearms license
A firearms license is a license or permit issued by the Los Santos Police Department, that allows the licensee to buy, own, possess, or carry specific firearms.
Kind Regards,
Herrman Wolff
Citizen and Weazel News Media Manager
