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FAQs
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How can one be a successful luxury real estate agent?
Ah yes.The lifestyle of the rich and famous. Fast cars. Fancy outfits.Little stone statues at the front of the entryway. The allure is undeniable.And for real estate agents, the chance to eat a slice of the luxury pie is an alluring prospect indeed. ...Especially if that slice comes in the form of a 3% commission off of a multi-million dollar listing. But how does a realtor establish themselves as a luxury agent in the first place?Well, it’s not easy. You can obtain a GREL Certification, for starters.This will walk you down the path of becoming a legitimate, certified luxury real estate agent. But regardless, one thing is certain,To deal with luxury real estate, an agent needs to buckle down.Here are a five powerful tips that could fast track your goals to becoming a Luxury real estate agent.#1 YOU NEED TO KNOW WHAT YOU ARE DOINGBefore you even think of moving forward, ask yourself… do I know what I’m doing? There are many newbie real estate agents that jump from taking the test to becoming a luxury real estate agent.Unless you already have the background and experience in real estate, I strongly suggest you get some experience under your belt. That experience could help you avoid lawsuits and save you money.Simply taking 6 months to learn the ropes at a local real estate brokerage, while shadowing another successful luxury real estate agent, could be the difference in your failure or success. That extra experience will help you feel more confident when taking on a luxury listing and the mentor will help you develop the skills needed to be the greatest in your field.#2 YOU NEED TO LOOK THE PARTNormally we encourage real estate agents to relax and be themselves. Your clients will love you and appreciate your authenticity.Are you the laid back but trusted Realtor who wears jeans and flip flops every day? Show that in your marketing. Are you the young and modern Realtor with a focus on minimalism and technology? Show that in your marketing. I encourage agents to use their personality to market their businesses.However, when you are transitioning to luxury real estate, you need to figure out a way to make sure that your marketing and your style represents the luxury industry. Luxury real estate is a visual niche. The house, the car, the owners, the buyers and the agent all look the part.How to look like a luxury real estate agent? Here are some tipsPay for luxury branding – Make sure everything, from your website and business cards to your signs and advertising, is designed and printed to represent your luxury clientele.Dress to impress – Make sure your clothing is clean, pressed and tailored. First impressions go a long way when trying to win a listing. Just starting out? Purchase one or two neutral suits and multiple dress shirts/blouses. Keep them dry cleaned and wear those when meeting new clients or networking. The suits will be so neutral many won’t recognize you’ve worn it before. Switch up the blouses and/or dress shirts and you’ll always look professional and put together.Drive a nice car – It may sound vain, but in the luxury industry it is a necessity to make sure your car is nice, especially if you are driving luxury buyers around to look at homes. Your car should not only look nice but it should be clean and smell good as well. If you can't afford a luxury car, try Uber, a peer to peer taxi service, allows you to taxi luxury cars. Using Uber, you can sit in the back with your clients and they will get that luxury experience while going on walkthroughs.The only thing to look out for when using any taxi service is timing. This is why I don’t suggest using a taxi service when meeting with a seller unless you are paying them to wait for you outside. After presenting an amazing listing presentation you don’t want to be chilling around at a client’s house waiting for your ride.#3 YOU NEED TO UTILIZE THE LATEST IN REAL ESTATE TECHNOLOGYIf you want a luxury buyer to hire you as their agent or if you want to win a luxury listing, you need to show clients that you can provide them with the latest in real estate marketing and technology. Make sure you understand how to utilize the latest technology to find and market homes and that you can effectively combine that knowledge with traditional techniques.Remember, just having flashy tools isn’t enough. You need to know how to use them effectively to increase the client’s ROI.Technology Used by Luxury Real Estate AgentsElectronic signature softwareShowing feedback softwareInteractive yard signsBeautifully designed websites with powerful home search enginesActive social media and blogsCloud document storageVirtual phone numbersThe latest gadgets (Touch screen laptops, tablets, smartphones, etc.)#4 YOU NEED A LISTING PRESENTATION THAT WOWSTo win a luxury listing, you need to do more than click through a generic PowerPoint and pass out faded flyers and postcard examples. Instead – tweak your presentation to the property. Imagine the impression you’ll make when the seller sees a postcard with their house on it? And marketing that caters to their neighborhood and their current needs?Making those extra steps to personalize your listing presentation is worth the investment.Here are some key points to help you out.Pay for luxury branding – Make sure your listing presentation, listing package and examples are all professionally designed and printed to represent your luxury brand.Memorize your presentation – Although no two listing presentations will ever be the same, knowing the foundation of your presentation will be valuable. It will allow you to quickly and easily skip sections, answer questions without getting off-track and help you sound professional and knowledgeable about marketing real estate.Encourage participation – Get the sellers involved by allowing them to pretend to be buyers. Show them what happens when they text the number on the yard sign. Take them on a walk-through of their listings from your point of view. Luxury sellers are constantly being “sold” to. To get an edge, show them exactly why they should hire you. Actions speak louder than words.#5 YOU NEED TO SUPERCHARGE YOUR FOLLOW UPPotential clients searching for or selling traditional homes need basic follow-up strategies to convert them into clients. Those strategies include using the information collected in your CRM to send them email marketing, postcards and the occasional phone call.In retrospect, potential clients searching for or selling luxury homes need traditional follow-up combined with action to convert them into clients. Just sending a card that says happy birthday isn’t enough. For wealthy clients, sending gifts on birthdays and invitations to exclusive events in the area are key to establishing a healthy lead flow. Here are few tipsRemember the details – When you run into a potential luxury client, whether by chance or by a scheduled meeting, take notes and/or memorize the small details of their life. These small details include spouses, children, hobbies, vacation spots, etc. Make sure you put these things into your CRM and use these details to come up with innovative follow-up techniques.Use partner resources – Developing a lead funnel for luxury clients can be costly. This is why it is imperative to have partners that can provide discounts and resources to luxury amenities.The decision to buy and/or sell a luxury home isn’t an easy one. The real estate sales and lead cycle is already a long one – add in the luxury component and the lead cycle can be even longer. Don’t be discouraged if a potential client hasn’t responded after following up with them for longer than 3 months. Many times, they are busy, on vacation, or dealing with business. Unless they say “remove me from your list” keep marketing. You’ll be in the front of their minds when they are ready to hire a real estate professional.
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How can I register company in India? What problems you faced as first time experience? Plz read complete details too.
Following are the easy steps for registration :Step 1. Application for Director Identification Number (DIN) in form DIR-3 & DSC (Digital Signature Certificate)What is a Director Identification Number (DIN)?Director Identification Number (DIN) is a unique identification number issued by the Ministry of Corporate Affairs (MCA), for an existing director or a person intending to become a director of a company.Documents required for DIR-3 ApplicationIn case of Indian National a) Identity Proof: Copy of PAN Card (Income Tax Permanent Account Number (PAN) is mandatory in case of Indian National and in such cases applicant details should be as per Income tax PAN)b) Address Proof: Copy of Passport or Election/Voter ID or Ration Card or Driving license (address having pin code) or Electricity/telephone (Utilities) bill or AADHAR Card. All this should be in the “Name of Applicant” only and it should not be older than 2 months from the date of filing of the e-form.c) Passport Size Photograph (latest) : 1 photocopy or a soft-copy in (.JPEG format)d) *Current Occupatione) *Email Address of the Applicantf) *Mobile/Cell Numberg) *Educational qualificationh) *Verification to be signed by the Applicant. Important Notes :1. All the documents require “Self attestation”.2. In case, the director is residing outside India, the attached supporting documents should be attested by the Consulate of the Indian Embassy, Foreign Public Notary. In case of director, supporting documents can also be attested by Company secretary in full time employment / CEO / Managing director of the Indian company in which he / she proposed to be a director.3. DIR-3 shall be digitally signed by the same person i.e. applicant who is filing the application and by either of the following:a) Company Secretary (in whole-time practice) or a Chartered accountant (in whole-time practice) or Cost accountant (in whole-time practice)b) Company secretary in full time employment or Director of the company in which the applicant is to be appointed as a director4. While making DIR-3 Application following details are mandatory :First Name, Middle Name, Last Name, Details of father of an applicant (even in case of a married woman)In case of a Married woman, a photocopy of the Marriage Certificate is required (If DIN needs to be in the “Changed Name”)5. There could be instances of DIR3/DIN Rejection. 6. * Starred items are mandatory fields of DIR-3 application What is a Digital Signature Certificate (DSC)?Digital Signature Certificate (DSC) is the digital equivalent (i.e. electronic format) of physical or paper certificates. Examples of physical certificates are driver’s license, passport. Certificates serve as proof of identity of an individual for a certain purpose; for example, a driver’s license identifies someone who can legally drive in a particular country. Likewise, a digital certificate can be presented electronically to prove your identity, to access information or services on the Internet or to sign certain documents digitally. Since MCA accepts electronic submission of Forms on its website the DSC is mandatory for all the users.Documents required for obtaining DSCa) Digital Signature Certificate application Form (duly signed by an applicant). An applicant is required to sign across the photo.Download the DSC Application form (Class II Individual Certificate)b) All other documents are same as required for the DIR-3 ApplicationNote: All the documents require “Self attestation” and identity proof and address proof should be attested by either a Gazetted officer (Class I) or Bank manager or Post Master.Step 2. Search for the Company Name availabilityThe Promoters have to provide at least 6 names in the order of their preference/priority. The Promoters can themselves search for the available names by visiting the MCA Website: Check Name Availability It is also advisable to check any pre-existing Trademarks already registered with the Company name being Proposed, since RoC normally scrutinises the same & may reject the Proposed names on that basis (if similar TM Name is already registered). Promoters should search for any existing Trademark using Controller General of Patents Designs and Trademarks (CGPDTM) / website Check Trademark .Step 3. Application for the Name availabilityAfter drafting of Main Object of the proposed company, need to file e-Form INC-1 (Application for reservation of name) with Registrar of Companies for name availability. The Applicant needs to give 6 proposed names in preference/priority along with their meaning and significance of each word.Also refer MCA General Circular on Use of word ‘National’, ‘Bank’, ‘Exchange’, ‘Stock Exchange’ in the names of Companies or Limited Liability Partnerships (LLPs). Step 4. Drafting of Memorandum of Association (MOA) & Articles of Association (AOA)What is a Memorandum of Association?Memorandum of Association covers fundamental provisions of the company’s constitution. It covers main object and other objects of the company.What is Articles of Association?Articles of Association contain rules and regulations governing the internal management of the company. It is a binding contract between company and its members and members among themselves defining their rights and duties.As per Section 4(5)(i) of the Companies Act 2013 upon receipt of an application under sub-section (4), the Registrar may, on the basis of information and documents furnished along with the application, reserve the name for a period of sixty days from the date of the application.After name approval from ROC, the next step is to draft MOA & AOA. The subscribers need to specify Name, Address, and Occupation in their own handwriting & sign the subscription pages of MOA & AOA.Where subscriber to the memorandum is a Foreign National (residing outside India), please refer Chapter 2 of Companies (Incorporation) Rules, 2014 notified by Ministry of Corporate Affairs for knowing the procedure of obtaining attestation and notary while signing subscription pages of Memorandum and Articles of Association and other relevant document.Step 5. Filing of e-forms with RoC (Registrar of Companies)Following Forms to be filed/uploaded on the MCA Website.a) Form INC-7 : For application of Incorporation of the Companyi) Mandatory attachments to e-form INC-71. Memorandum of Association2. Articles of Association3. Declaration by Professional in INC-84. Affidavit from the subscriber to the Memorandum in Form No.INC-95. Proof of residential address which should not be older than two months6. Proof of identity7. Verification of signature of subscribers i.e. Form No. INC-10, in case the company is not having share capital.8. It is mandatory to attach entrenched Articles of association if any of the articles are entrenched.ii) Optional attachments depending upon case1. Copy of in principle approval granted by the Reserve Bank of India or any concerned authority in case proposed company shall be conducting NBFI (Non-Banking Financial Institution) activities2. NOC in case there is change in the promoters (first subscribers to Memorandum of Association)3. Proof of nationality in case the subscriber is a foreign national4. PAN card (in case of Indian national)5. Copy of certificate of incorporation of the foreign body corporate and proof of registered office address6. Certified true copy of board resolution/consent by all the partners authorising to subscribe to MOAb) Form INC-22 : For Notice of situation of registered officeAttachments to e-form INC-221. Proof of Registered Office address (Conveyance/Lease deed/Rent Agreement along with the rent receipts) etc.2. Copies of the utility bills (proof of evidence of any utility service like telephone, gas ,electricity etc. depicting the address of the premises not older than two months is required to be attached).3. No Objection Certificate or permission to use4. Certification of e-form INC-22 by CS/CA/CWA (in Whole Time Practice)c) Form DIR-12 : For providing information about particulars of appointment of Directors of the company and Key Managerial PersonnelAttachments to e-form DIR-12Following are the Mandatory attachments in case of an appointment of a Director / Manager / Company Secretary / CEO / CFO.1. Letter of appointment2. Declaration by first director in Form INC-93. Declaration of the appointee director, managing director, in Form No. DIR-2Step 6. Payment of RoC Fees & Stamp DutyAfter filing of documents online, we need to make payment of RoC fees and Stamp Duty electronically which is based upon the Authorised Capital of the Company.Step 7. Verification of documents / forms by RoCAfter payment of all RoC Fees & Stamp duties, RoC verifies/scrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself. We need to make necessary changes accordingly.Step 8. Issue of Certificate of Incorporation by RoCOnce all the Forms are duly approved by RoC, the digitally signed “Certificate of Incorporation” is emailed to the Directors.As part of the Green Initiative by the MCA (Ministry of Corporate Affairs), few Certificates including “Certificate of Incorporation” are now issued only in the electronic format i.e. soft-copy (having digital signature of RoC Registrar). Once the Incorporation Certificate is received, Company can start it’s operations.Reference - Ministry of Corporate Affairs WebsiteThanks for A2A !
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Why isn't the legal system willing to accept "I never received a notice," as a valid excuse? Why don't they simply mail the impo
When “I never received notice” isn’t a valid excuse, it is because too many people will, frankly, lie about this. People also make affirmative efforts to evade service. And sometimes people decide to just up and move without bothering to tell anyone. Shocking, I know.Thus, formal rules about service make it easy to determine whether service was done properly, and a party claiming lack of notice despite compliance with the rules will be required to prove the likelihood of actual lack of notice before the excuse will be even considered. On the other hand, if the party purportedly giving notice did not comply with the rules, the notice won’t be presumed to be valid without either an acknowledgment or waiver by the defendant.There are two different categories of notices—initial process and subsequent notice.For initial process, the court must obtain jurisdiction over the defendant. Traditionally this was done by personal service within the court’s territorial jurisdiction—the defendant needed to be “tagged.” This tagging was done by the sheriff (or a deputy), an agent of the court itself. If the defendant never showed up in the jurisdiction, the case could not proceed.¹More modern concepts of personal jurisdiction do not place as much emphasis on presence within the place; as any American law student will know, the case of International Shoe Co. v. State of Washington² established that personal jurisdiction could be asserted beyond a State’s boundaries if “minimum contacts” existed and “fair play” suggests that haling a foreign defendant to answer an in-state complaint would be reasonable.Of course, personal service by the state’s sheriff isn’t possible in such a case, and so most states do permit alternative forms of service as a matter of course (sometimes those alternative methods are available domestically as well). The exact requirements may vary by type of case and in any event will be spelled out in local rules of civil procedure; for proper advice you will want to consult a lawyer in the place where the action is. But generally, when initial process is involved, some form of service that leaves no doubt about the service, and the verification of some third party—the sheriff, the Post Office, a process server, &c—is required (the plaintiff in propria persona is not usually allowed to do initial personal service as they have as much motivation to lie about it as does the defendant). That might be personal service by a disinterested adult, another jurisdiction’s deputized sheriff, or service by certified mail.³ This means that someone is in a position to submit proof of the service to the court. (A defendant may also acknowledge service or waive⁴ any defects in service.)Now, for subsequent service, the rules tend to be a bit different. Once a party has been tagged and haled into court, they have a responsibility to themself and to the court to appear and present whatever defence they have to the action. Parties are, of course, entitled to notice of things that happen in the case—ex parte and sealed proceedings are extremely limited. But, at this point, because being party to a suit involves this responsibility, part of it is to keep the court and the other parties apprised of a proper address where notices may be served with a minimum of fuss (and to notify the court if that changes). Usually this is a mailing address and service is made by ordinary mail—which doesn’t require a signature and thus is less hassle for everyone—but in some cases service by e-mail, facsimile transmission, and the like may be agreed to (in the case of electronic case filing systems, e-mail service will likely be mandated as a condition of ECF use). Personal service is still permitted as a method of serving these subsequent papers, but not required. Again as to specific methods of service, you need to consult your local rules of procedure and the local attorney previously suggested.And so, a movant or the court will not be expected to make extraordinary efforts to provide “actual notice” of every single piece of paper by certified mail or personal service and give the defendant the opportunity to delay the case by evading service of motions. Neither will the court or other parties be required to chase a party around in the event of their moving and not leaving a forwarding address.⁵ Service to the “last known address” is almost universally sufficient. And the court won’t be impressed with “I didn’t get notices” when the lack of such notices is apparently the respondent’s own fault.N.B. This answer may be somewhat generalized for the United States; other legal régimes have their own ideas about notices.Notes:¹ A plaintiff unable to effect service could, of course, attempt to commence the action in another jurisdiction where the defendant could be found.² 326 U.S. 310 (1945). International Shoe is famous for the notion that an out-of-state defendant with “continuous and systematic contacts” to the state would nonetheless be susceptible to being sued there; the rule was further broadened by Burger King Corp. v. Rudzewicz, 471 U.S. 462 (1985), where even contacts that could not even be characterized as “minimum” with Florida were sufficient in the context of specifically making a comprehensive agreement to deal with a corporation legally resident in Florida.³ “Special service” or service not generally provided for by rule may be obtained by order of court only in the event that regular service cannot be obtained. Special service is usually publication. The purpose of special service is to allow the plaintiff to proceed with the action without having it stayed for an unreasonable period of time due to the absence of the defendant. The showing required for special service will vary by jurisdiction and possibly the facts of the case. And a defendant seeking to set aside a judgment obtained in this manner will have a much easier time of it than the defendant seeking to contest normal methods of service.⁴ As the primary purpose of service requirements is “notice to the defendant,” the mere fact that the defendant appears in the action suggests rather strongly that the defendant does in fact know about it. Consequently, a party seeking to challenge the validity of original service must do so at the outset and before making any substantive response to the complaint, otherwise the court will not hear such challenges and they will be deemed waived.⁵ We have this problem rather perennially in support court. I suspect it is a combination of general haplessness on the part of some of our obligors and deliberate efforts to evade our enforcement proceedings, but we get a lot of people who don’t show up at their contempt hearings because they “didn’t get notice.” The court issues bench warrants and most of the individuals are later arrested, and the failure of notice is not regarded as a defense by the court and in fact often leads to an additional contempt for failing to appear or to comply with the language in the support orders requiring parties to notify the court of address changes.
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What is your opinion on Saurabh Bhardwaj's EVM demo?
EVM is an Embedded device without any network connectivity.In General, any embedded device can be hacked predominantly in 3 ways.During System Boot upDuring firmware upgradeThrough network (if the device is connected to network or any ports are open to hack the device)1. Embedded devices will boot from Onboard/Onchip flash memories. After power up, the ROM boot loader or BIOS firmware will look for a secondary boot strap loader and copies it to system memory which in turn copies the application binary to the system memory. The current embedded devices implement what is known as Secure boot which authenticates the boot loader and also the firmware binary before loading to system memory. If by chance the device is hacked and a bad copy of firmware is stored in flash, then the secure boot fails and hence the device cannot come up. Most of the Present day embedded devices implement a Secure boot mechanism and hence they cannot be hacked during boot up.2. Embedded devices can be hacked during firmware upgrade (Locally or Remotely) by writing malicious firmware binary which corrupts the system. The present day embedded systems implement Secure firmware upgrade mechanism which authenticates the new firmware before writing to flash.3. Embedded devices can be hacked through network ports by injecting malicious packets. The present day systems implement SSL for network communication with external world and also block all the ports. The EVM’s don’t have any network connectivity and hence not possible to hack the device.So what are the possibilities of hacking EVM.The hacker can design his own custom firmware which can function as per his needs and can put the firmware in EVM. This option is ruled out in case of EVM assuming it has secure firmware upgrade implemented and also qualified/authorised people are allowed the firmware upgrade.The firmware loaded into the EVM may have some Secret logic which can be activated by pressing few key combinations! I am not sure if the firmware put into the EVM has any such secret logic and anyone is aware of that!EVM can have some default configuration (Say this configuration may contain some fixed votes for each party) which can be activated by some key press (Generally any embedded device can have a button for re setting to default configuration)So the point here is that, unless the EVM firmware has some secret logic which should be known to someone to activate, it is hard to break or manipulate the device. Else one needs to physically access the device memory using some JTAG port (Which will be blocked in production EVMS generally) and change the data/code in the memory to tamper the device!I am assuming that EVM should have implemented all the security features of the Embedded system as it used for high security application.So why AAP is doing this?Divert public attention from the Core issue of Bribery charges against Mr KejriwalThey want to feed a wrong information in the minds of public that EVM is not safe by repeatedly saying that and many educated people believed that this guy used actual EVM and is able to manipulate it so easily where as the fact of the matter is something different.Already EC has invited hackers to try and hack EVM. Let’s see if anyone can do it!
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What are some of the pragmatic solutions for preventing mass shootings in the US that both liberals and conservatives find mutua
For the benefit of people who don’t have a lot of time to read, I’m going to list a short version of my proposals in bullet points after this paragraph. However, if you have the time, I strongly suggest reading this answer in its entirety because it explains the proposals in fairly granular detail. The proposals are nuanced because gun control is a complicated issue when looked at objectively.Standardize on a process which flags individuals in the FBI’s Terrorist Screening Database for a delay in the background check process when said individuals try to buy a gun. During the three day delay period, the FBI has the opportunity to investigate and take legal action against the individuals if necessary.Create a secure electronic background check system which is available to the public so individuals selling firearms to residents of the same state can know whether it is safe to proceed with a transaction.Require membership in the Civilian Marksmanship Program for the purchase of semiautomatic centerfire weapons and centerfire magazines with more than ten rounds of capacity.Create a national permitting process for carrying concealed handguns which overrides state laws.The Gun Control Act of 1968 mandated that manufacturers and commercial sellers of firearms had to obtain a Federal Firearms License (FFL). This was done under the guise of regulating interstate commerce, trade which crosses state lines. The federal government is generally not allowed to regulate intrastate commerce, trade which remains entirely within a state. In 1994, the Brady Handgun Violence Prevention Act mandated that FFL holders had to perform a background check on any firearm transferred through the FFL to a individual who does not hold an FFL. In 1998, this process was streamlined into the National Instant Criminal Background Check System (NICS).With that in mind, we’re going to look at how firearms are legally purchased currently so we can have a perspective on potential improvements to the process.When buying a gun through an FFL, buyers must fill out BAFTE form 4473. I strongly recommend readers view the form. Buyers must submit valid photo identification (usually a driver’s license) to the FFL holder to verify their identity and some of the information on their form 4473. There are three categories of firearm which can be bought through a standard FFL dealer: handguns, long guns (rifles and shotguns), and “other firearms”. Buyers must be 18 years of age to buy long guns and 21 years of age to buy handguns from an FFL. “Other firearms” are a weird category which includes receivers for firearms (which is generally the serialized portion of a firearm) or firearms which do not fit the legal definition of a handgun or long gun but are also not regulated by the National Firearms Act. If the “other firearm” can be made into a pistol, the buyer must be 21 years of age. After a buyer has completed their form 4473, the FFL holder calls NICS and relays the completed information to the FBI.Source: (NICS Process in Motion for the Gun Buyer Video Transcript)The FBI runs the information through the NICS database. If the buyer’s provided information has matches within the NICS database, this will generate a “hit”. At the moment, hits include indictments and convictions for felonies, indictments and convictions for domestic violence, indictments and convictions for other crimes which are punishable by one or more years of imprisonment, known fugitives, dishonorable discharges, adjudications which determined an individual to be mentally defective, restraining orders for children or intimate partners, renouncements of citizenship, unlawful users of controlled substances, illegal aliens, and resident aliens who do not meet very specific criteria.If no hits in the NICS database are generated, the FFL is told to “proceed” and the FFL may complete transferring the firearm at the business’s discretion. If the buyer’s provided information generates a hit, the call will be transferred to an FBI employee who will review the information and determine whether the hit matches the rest of the buyer’s provided information. If the hit is valid and the buyer is a prohibited purchaser, the FFL will be told to “deny” the transfer. If the FBI employee determines the hit is invalid, the FFL will be told to “proceed”. If the FBI employee can not immediately determine the validity of a hit, the FFL will be told to “delay” the transfer and the FBI will do more research to determine the validity of a hit. At this point, the FBI is allotted three business days to tell the FFL to “proceed” or “deny”. If those three business days pass without a final judgement, the FFL may proceed with the transfer at their discretion. The system is set up this way so the FBI can not delay a buyer they can not prove is a prohibited possessor of firearms indefinitely, essentially amounting to a denial without due process of law. Nevertheless, some FFL holders maintain a policy of not proceeding with transfers which have do not receive a definite “proceed”; that is the business’s prerogative.If at any point in this process the FFL holder or its employees believes a buyer is purchasing a firearm on behalf of another person, then the FFL will deny the transfer independent of any judgement made by the FBI. Purchasing a firearm on behalf of another person is illegal.Now what about “internet gun sales”?Websites in the business of selling firearms are legally required to acquire an FFL. Since the website which holds an FFL can not visually verify a buyer’s identity, this means the firearms they sell are legally required to be transferred to an FFL near the buyer. At the FFL which facilitates the transfer, the buyer will be required to complete a form 4473 and go through a background check as described above.On auction sites which deal with firearms, buyers and sellers who do not hold FFLs will submit the information of an FFL near each party and arrange for the firearm to be transferred. The seller’s FFL will ship the firearm to the buyer’s FFL and once again the buyer will complete a form 4473 and go through a background check.The final category would be classified websites which allow firearms to be posted for sale. These are essentially the 21st century equivalent of posting a classified advertisement in a newspaper. In these cases, a buyer contacts the seller who posted the advertisement and the two parties enter negotiations. If the buyer and seller legally reside within the same state and are able to meet face to face to conduct a transfer, the firearm in question may be legally bought under federal law without a background check being conducted provided the seller does not have reason to believe the buyer is a prohibited possessor. If any of those conditions are not met, or if state law prohibits intrastate commerce in this fashion, then FFL holders must once again be involved. These conditions apply to all private person to person sales. One noteworthy quirk, under federal law, persons between the ages of 18 and 21 are not prohibited from purchasing a handgun through a private sale. This is in fact one of the very few ways citizens in this age group can exercise their constitutional right to possess handguns.What about gun shows?If a person buys a firearm from an FFL participating in a gun show (this constitutes the majority of firearm sales at gun shows) then a 4473 is filled out as normal. If a person is buying a firearm from a private party, laws regarding private sales apply. Think of gun shows simply as a way for people who might be interested in buying or selling firearms to all be in the same place at the same time. There’s nothing sneaky or tricky about them, they literally happen in convention centers and on fairgrounds. Local police and BATFE agents are always present at gun shows.Now that we have all that basic information out of the way, we can talk about actual changes to federal law.First let’s take a look at prohibiting suspected terrorists from purchasing firearms. We can all agree we hate terrorists, but they still have due process rights. Fortunately, the FBI is in charge of both the Terrorist Screening Database (TSDB) and the NICS database. Prospective gun buyers with records that produce a match in the TSDB could generate a hit in the NICS database. The FBI could then investigate the hit and, assuming the hit actually matched the buyer in question, determine whether or not to tell the FFL to delay the transfer. Within the current three day delay window, the FBI could bring the case before a judge. Should the judge find probable cause, the transfer could be legally halted. At this point the buyer should be notified and be interviewed as part of the investigation. If charges are appropriate, the FBI can file charges in a timely manner. Otherwise, the suspect should be allowed to go about their business without further interference. That puts a lot of burden on the FBI, but it isn’t supposed to be easy to legally strip citizens’ rights in the United States. Remember, the burden of proof always lies upon the accuser, not the defendant.One rather common gun control proposal in the United States is that of universal background checks on all firearm sales, including private intrastate sales. On a practical level, compliance and enforcement of a universal background check would be very difficult without some kind of national firearm registry linking specific firearms to their owners. No national firearm registry exists for regular rifles, shotguns, or pistols at the moment and it’s actually illegal to create one because of the Firearm Owners Protection Act passed in 1986. There remains a visceral fear of a firearms registry among many conservatives; the concerned parties believe that all firearm registries are nothing more than a precursor to the total confiscation of all firearms. This belief is objectively refuted because numerous firearm registries in multiple US states and democratic countries as well as a national registry on firearms regulated by the National Firearms Act exist and have not been precursors to a total confiscation of all firearms. However, many conservatives latch onto the words of a select handful of extremist politicians who espouse a desire for confiscation as proof that confiscation is the inevitable result of all registries.With all that being said, what might be feasible as an alternative to a universal background check is creating an online version of form 4473 so the public could voluntarily conduct background checks without going to an FFL. This is actually something most gun owners want because, at the moment, there’s no way of conducting a background check for a private intrastate sale in most states without involving an FFL. Involving an FFL introduces a financial disincentive because FFLs are businesses and usually charge for their services. I’ll propose the best system I’ve thought of so far which allows for minimal fraud and abuse.First, create a secure electronic variant of the 4473. It should include the buyer and seller information along with contact information for both parties. Once the form is completed, a unique confirmation number is sent out to both parties using the provided contact information. Both parties enter their confirmation numbers, then the form is submitted to the FBI and run through the NICS database. A single transaction number is generated for the NICS check and provided to the buyer and seller. The parties then call a phone number for a NICS automated line and enter the transaction number along with their unique confirmation numbers. This transfers the call to a live operator who examines the results of the NICS check performed for the transaction. The operator then tells the seller to “proceed”, “delay”, or “deny” just as they would with an FFL.The idea behind the whole system is that it allows for an effective background check to be done while offering a reasonable measure of privacy for the buyer. Sure, somebody could abuse the system if they wanted to put in enough effort, but they wouldn’t get very much information. It also removes a financial disincentive; it only costs individuals time to do a check like this and the check and be performed virtually anywhere, not just at FFL locations.Now, let’s discuss assault weapons and magazines which hold more than ten rounds. The problem with the Federal Assault Weapons Ban of 1994 was that it didn’t do anything except drive up prices on the magazines and weapons described by the ban. There was no measurable impact on crime during the ten years the Assault Weapons Ban was in effect.Here is how assault weapons were defined in 1994:Semi-automatic rifles able to accept detachable magazines and two or more of the following:Folding or telescoping stockPistol gripBayonet mountFlash suppressor, or threaded barrel designed to accommodate oneGrenade launcher mountSemi-automatic pistols with detachable magazines and two or more of the following:Magazine that attaches outside the pistol gripThreaded barrel to attach barrel extender, flash suppressor, handgrip, or suppressorBarrel shroud safety feature that prevents burns to the operatorUnloaded weight of 50 oz (1.4 kg) or moreA semi-automatic version of a fully automatic firearm.Semi-automatic shotguns with two or more of the following:Folding or telescoping stockPistol gripDetachable magazine.All of those things are cosmetic features that can be designed around. In fact, they frequently were and are designed around. Even today in states with more stringent feature based assault weapon bans, like California, there exist so called “featureless” firearms which are perfectly legal and not objectively worse for killing people than assault weapons. Now we could try an assault weapon ban again and again have no impact on crime… or we could recognize that semiautomatic centerfire weapons are undeniably the arms of choice in a militia. Police and military forces all over the world use semiautomatic (or fully automatic) centerfire weapons almost exclusively. As such, it makes more sense to more stringently regulate all semiautomatic centerfire weapons, not just a certain subset with specific cosmetic features. At the same time, we can breathe new life into the militia concept described by the Second Amendment to the United States Constitution, even make the militia well regulated.In the United States, we currently have an organization called the Civilian Marksmanship Program, a federally chartered corporation whose purpose is:To instruct citizens of the United States in marksmanship;To promote practice and safety in the use of firearms;To conduct competitions in the use of firearms and to award trophies, prizes, badges, and other insignia to competitors.Among numerous other things, the CMP sells M1 Garand rifles. The Garand is a .30–06 semiautomatic battle rifle roughly twice as powerful as common AR-15 or Kalashnikov rifles. The Garand was the primary infantry rifle of the US military during the Second World War and the Korean War. The CMP literally sells them so people can practice target shooting with a weapon of war.Image by Curiosandrelics - Own work, CC BY-SA 3.0, File:M1-Garand-Rifle.jpg - Wikimedia CommonsLet’s take a look at eligibility requirements for the CMP:REQUIREMENTS FOR PURCHASEBy law, the CMP can sell surplus military firearms, ammunition, parts and other items only to members of CMP affiliated clubs who are also U.S. citizens, over 18 years of age and who are legally eligible to purchase a firearm.PROOF OF U.S. CITIZENSHIP:You must provide a copy of a U.S. birth certificate, passport, proof of naturalization, or any official government document (When using a military ID to prove citizenship, must be an E5 or above) that shows birth in the U.S. or states citizenship as U.S.PROOF OF AGE:You must provide proof of age. Usually proof of citizenship also provides proof of age. In those cases where it may not, a driver’s license is sufficient.MEMBERSHIP IN CMP AFFILIATED ORGANIZATION:You must provide a copy of your current membership card or other proof of membership. This requirement cannot be waived. The CMP currently has over 2,000 affiliated organizations located in many parts of the country. CMP Club Member Certification Form- If your CMP affiliated club does not issue individual membership cards, please have the club fill out the CMP Club Member Certification Form and return it with your order.Membership in many of these organizations costs $25.00 or less and can be accomplished online. A listing of affiliated organizations can be found by clicking on our Club Search web page at http://ct.thecmp.org/app/v1/inde.... If you have any difficulty in locating a club, please contact the CMP at 256-835-8455 or by emailing CMP Customer Service. We will find one for you. In addition to shooting clubs, the CMP also has several special affiliates. Membership in these organizations satisfies our requirement for purchase. These special affiliates include: Congressionally chartered veterans' organizations such as the VFW, AL, DAV, MCL, etc. U.S. Military services (active or reserves), National Guard, to include retirees. Professional 501(c)3 law enforcement organizations and associations such as the FOP, NAPO, NSA, etc. The Garand Collector's Association is a CMP Affiliated Club. You can download a Garand Collector's Association Application Form.Note: Club membership IS required for purchase of rifles, parts, and ammunition.Club membership is NOT required for instructional publications or videos or CMP memorabilia.MARKSMANSHIP OR OTHER FIREARMS RELATED ACTIVITY:You must provide proof of participation in a marksmanship related activity or otherwise show familiarity with the safe handling of firearms and range procedures. Your marksmanship related activity does not have to be with highpower rifles; it can be with smallbore rifles, pistols, air guns or shotguns. Proof of marksmanship participation can be provided by documenting any of the following:Current or past military service.Current or past law enforcement serviceParticipation in a rifle, pistol, air gun or shotgun competition (provide copy of results bulletin).Completion of a marksmanship clinic that included live fire training (provide a copy of the certificate of completion or a statement from the instructor).Distinguished, Instructor, or Coach status.Concealed Carry License.Firearms Owner Identification Cards that included live fire training. - FFL or C&R license.Completion of a Hunter Safety Course that included live fire training.Certification from range or club official or law enforcement officer witnessing shooting activity. Complete the CMP Marksmanship Form to signNow your range firing and the required marksmanship related activity for an individual to purchase from the CMP.No proof of marksmanship required if over age 60. Proof of club membership and citizenship required for all ages. NOTE: Proof of marksmanship activity is not required for purchase of ammunition, parts, publications or memorabilia.BE LEGALLY ELIGIBLE TO PURCHASE A FIREARM:The information you supply on your application will be submitted by the CMP to the FBI National Instant Criminal Check System (NICS) to verify you are not prohibited by Federal, State or Local law from acquiring or possessing a rifle. Your signature on the Purchaser Certification portion of the purchase application authorizes the CMP to initiate the NICS check and authorizes the FBI to inform CMP of the result. IMPORTANT: If your State or locality requires you to first obtain a license, permit, or Firearms Owner ID card in order to possess or receive a rifle, you must enclose a photocopy of your license, permit, or card with the application for purchase.As you can see, the CMP eligibility process is quite a bit more involved than the background check system we have now. It seems to have worked for keeping the powerful semiautomatic Garand rifles out of the hands of mass murderers. The last mass shooting on US soil that I know of which involved an M1 Garand was the Kent State massacre and that involved the Ohio National Guard shooting anti-war protesters, not civilians who were sold rifles through the CMP. I haven’t been able to find any records of crimes committed with guns sold through the CMP. I’m sure it has happened at one point in time or another, but the occurrence is so rare that there hasn’t been any documentation. My point is that the CMP has a really great track record in the United States for making sure guns don’t go to bad guys.Since the Assault Weapons Ban of 1994 didn’t have any measurable impacts on crime and the CMP has great results, I propose we extend the CMP eligibility requirements to all semiautomatic centerfire firearms and centerfire magazines with more than ten rounds of capacity. This means only people who meet the listed criteria will be able to buy the types of weapons most useful in a militia which are also the weapons we primarily see used in mass shootings from an FFL. The proposal also effectively introduces a mandatory training and basic competency requirement before individuals can purchase semiautomatic centerfire weapons from a gun store. The inclusion of CMP eligibility for the purchase of centerfire magazine over ten rounds creates a strong incentive for existing gun owners and individuals who purchase firearms through private intrastate sales to get training and join the CMP if they want easy access to centerfire magazines over ten rounds.The word centerfire is really important because there is another class of firearms which use rimfire cartridges.A collection of rimfire and centerfire cartridges, left to right: .22lr (rimfire), .22WMR (rimfire), .357 magnum (centerfire), .30–06 Springfield (centerfire), 12 gauge shotshell (centerfire)Rimfire cartridges aren’t very powerful; they’re mostly used for small game hunting and target shooting. Most countries allow ownership of semiautomatic rimfire rifles with only basic licensing; countries like Canada and the UK don’t even have restrictions on magazine capacity for rimfire rifles. Could they be used by a mass shooter? Sure, anything could, but semiautomatic rimfire firearms just aren’t a threat compared to semiautomatic centerfire firearms or even non-semiautomatic centerfire firearms. Wounds caused by bullets fired from rimfire cartridges are almost always less severe than wounds caused by bullets fired from centerfire cartridges. Very precise shot placement is required for rimfire weapons to instantly kill a person and mass shooters are unlikely to take the time to precisely place their shots.Seen above are four rimfire rifles made by Marlin.Regulating firearms in this way allows new gun owners to hunt, shoot targets, and defend themselves using semiautomatic rimfire or manually operated firearms. If new gun owners want easy access to semiautomatic centerfire firearms which are useful in a militia context, they can join the CMP, effectively becoming a member of a well regulated militia, after demonstrating themselves to be competent and well trained.I have some final thoughts on the CMP related proposal before moving on to the next topic. CMP eligibility introduces additional layers of human interaction between people and semiautomatic centerfire weapons and centerfire magazines over ten rounds. Barring major advances in mental healthcare and adjudication in the United States, layers of human interaction are the best way for red flags to be raised about somebody who might want to kill large numbers of people with a firearm. Additional layers of human interaction also introduce a larger hurdle for straw purchasers, people who buy firearms for people who can’t pass background checks because they’re ineligible to own firearms. Additional layers of human interaction make law enforcement investigations slightly easier as well.At the moment, laws, standards, and permits for carrying concealed handguns vary wildly. Some states have no requirements while other states functionally don’t allow anybody except police officers to carry handguns in any way. While the percentage of the US population which actually carries handguns regularly, concealed or openly, is relatively small, those who do carry handguns regularly can often face great legal peril for no particularly good reason when crossing state lines. At the same time, it would be good for the public to know that people carrying concealed handguns are actually competent and not a hazard to the public. In essence, a balance would be preferable to the extremes which currently exist.I propose creating an national permit for carrying concealed handguns in any state. Police officers already enjoy something similar to this. The permitting process should include a standardized class which can be taught by police officers or other qualified instructors. Before attending the class, applicants should undergo a background check. Among other things, the class should cover the legal use of deadly force, safe firearms handling practices, and conflict deescalation practices. Then applicants should be given a written test on the subjects. If the applicants pass, they should then undergo a practical handgun handling and shooting competency test. If applicants are able to both handle handguns safely and shoot accurately, they will then be issued a carry permit which is valid for a certain number of years; three to five years seems reasonable. If applicants fail either test then they go home without a permit and can retake the whole class the next time it is offered if they still wish to carry a concealed handgun.
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What are the best property management systems?
There is no one property management system that is ideal for every use case. It depends on who you are and what you are looking for in the system.For residential property managers:If you are a professional property manager and have full service clients, then I have found the best softwares are Yardi and Appfolio. Yardi is a bit more of a “legacy” system — robust but not as fresh as Appfolio, promoting a great UI/UX (user interface and user experience). If you are a property manager and do not use software, then IMO - you are failing at your business. Software will reduce your overhead costs and help mitigate risks of forgetting lease renewals, late fees, etc.. The cost and time related to the setup can be gruesome, but it is well worth it in the end. You’ll be able to take on more clients and provide them with a much better experience.For residential property owners:The majority of owners across the US (80%) self manage their properties. Most of them do not use software, because it is a relatively new concept for them. From a systems perspective, it will depend on what you are looking to accomplish with your real estate goals.Here is an article that all owners should read to understand what kind of management system they want (passive or involved) and what type of solutions cater to their needs.
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