Judicial Review - Change in Seizure Regulations (NR056-23db)

[Cyrus Raven]

Supreme Court of San Andreas,

I, Cyrus Raven, citizen within 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's latest regulations announced under ''Change in Seizure Regulations (NR056-23db)'' is reviewed by the courts 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. The newest regulations established by the Los Santos Police Department and the Governor's Office infringe on these constitution protections. Specifically:

• When in possession of a firearm, and upon the request from a Peace Officer, you must present your firearms license, and if requested, temporarily surrender your firearm along with any modifications.

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Arguments

• The 4th Amendment requires that searches and seizures be based on probable cause. Mandating the presentation of a firearms license is arguably a balanced compromise between public safety and the constitutional rights of citizens. However, the temporary surrender of a firearm without any indication of suspicious or unlawful activity would constitute an unreasonable seizure, especially if an individual has already presented their firearms license.
• The 4th Amendment generally requires law enforcement to have what is called ''individualized suspicion'' before conducting a search or seizure. In other words, probable cause via specific and articulable facts that a specific individual is in possession of an illegal firearm or modification. A blanket requirement for all individuals in possession of firearms to surrender their firearm lacks the necessary individualized suspicion. This approach treats law-abiding citizens as suspects without any reason to believe they are engaged in criminal activity, which is exactly the type of behaviour the 4th Amendment is designed to prevent.
• The mandated surrender of a firearm may have a chilling effect on the exercise of a citizen's 2nd Amendment rights. Citizens may be reluctant to exercise their constitutional right to bear arms if they know that doing so opens them to immediate and intrusive encounters with Law Enforcement, even in the absence of any evidence of criminal activity.
• Allowing Law Enforcement to temporarily seize a firearm without clear guidelines or restrictions may lead to arbitrary enforcement. Without defined criteria or limitations, there is a risk of subjective decision-making by law enforcement officers, potentially resulting in a biased treatment of individuals based on factors such as race, gender, or other protected characteristics.
• Law Enforcement requiring the temporary surrender of a firearm may be overly intrusive, particularly when less restrictive measures already exist that allow Law Enforcement to stop and identify anyone in the state with a firearm on their person. As such, this additional regulation would not serve any additional purpose besides further degrading the protections under the 4th Amendment.

It is with the above legal arguments that I request an immediate and urgent Judicial Review of the latest regulations by the Firearms Licensing Division under the Los Santos Police Department.

Supporting Documents

San Andreas Constitution
The Constituion Can Be Found HERE

Change in Seizure Regulations (NR056-23db)
Announcement can be found HERE

Firearm License Requirements & Regulations
Requirements & Regulations can be found HERE

Kind Regards,
Cyrus Raven
Citizen