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airSlate SignNow Electronic signature Word Later. Investigate by far the most user-pleasant knowledge about airSlate SignNow. Deal with your entire document digesting and sharing process digitally. Range from handheld, document-centered and erroneous workflows to automatic, electronic digital and perfect. You can actually produce, supply and sign any documents on any system anyplace. Be sure that your important enterprise cases don't fall over the top.
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FAQs
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What are the applications of a digital signature?
AuthenticationAlthough messages may often include information about the entity sending a message, that information may not be accurate. Digital signatures can be used to authenticate the source of messages. When ownership of a digital signature secret key is bound to a specific user, a valid signature shows that the message was sent by that user. The importance of high confidence in sender authenticity is especially obvious in a financial context. For example, suppose a bank's branch office sends instructions to the central office requesting a change in the balance of an account. If the central office is not convinced that such a message is truly sent from an authorized source, acting on such a request could be a grave mistake.IntegrityIn many scenarios, the sender and receiver of a message may have a need for confidence that the message has not been altered during transmission. Although encryption hides the contents of a message, it may be possible to change an encrypted message without understanding it. (Some encryption algorithms, known as nonmalleable ones, prevent this, but others do not.) However, if a message is digitally signed, any change in the message after signature invalidates the signature. Furthermore, there is no efficient way to modify a message and its signature to produce a new message with a valid signature, because this is still considered to be computationally infeasible by most cryptographic hash functions (see collision resistance).Non-repudiationNon-repudiation, or more specifically non-repudiation of origin, is an important aspect of digital signatures. By this property, an entity that has signed some information cannot at a later time deny having signed it. Similarly, access to the public key only does not enable a fraudulent party to fake a valid signature.
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What are the important sections of cyber laws in India?
The Government of India enacted its Information Technology Act 2000 with the objectives stating officially as: “to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "electronic commerce", which involve the use of alternatives to paper-based methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies and further to amend the Indian Penal Code, the Indian Evidence Act, 1872, the Bankers' Books Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for matters connected therewith or incidental thereto.The Act essentially deals with the following issues: Legal Recognition of Electronic Documents Legal Recognition of Digital Signatures Offenses and Contraventions Justice Dispensation Systems for cyber crimes.CYBER CRIME- Cyber Crime is not defined officially in IT Act or in any other legislation. In fact, it cannot be too. Offence or crime has been dealt with elaborately listing various acts and the punishments for each, under the Indian Penal Code, 1860 and related legislations. Hence, the concept of cyber crime, is just a "combination of crime and computer". Cybercrime means any illegal behavior directed by means of electronic operations that targets the security of computer systems and the data processed by them. Furthermore any illegal behavior committed by means of, or in relation to, a computer system or network, including such crimes as illegal possession and offering or distributing information by means of a computer system or network. Any contract for the sale or conveyance of immovable property or any interest in such property; Any such class of documents or transactions as may be notified by the Central Here are some of the sections of the IT Act 2000 which are related to cyber crimes: Section 43 - Penalty and Compensation for damage to computer, computer system, If any person without permission of the owner or any other person who is in-charge of a computer, computer system or computer network – (a) accesses or secures access to such computer, computer system or computer network or computer resource (b) downloads, copies or extracts any data, computer data, computer database or information from such computer, computer system or computer network including information or data held or stored in any removable storage medium; (c) introduces or causes to be introduced any computer contaminant or computer virus into any computer, computer system or computer network- (d) damages or causes to be damaged any computer, computer system or computer network, data, computer database, or any other programmes residing in such computer, computer system or computer network-3. (e) disrupts or causes disruption of any computer, computer system, or computer network; (f) denies or causes the denial of access to any person authorised to access any computer, computer system or computer network by any means (h) charges the services availed of by a person to the account of another person by tampering with or manipulating any computer of a computer, computer system or computer network- (g) provides any assistance to any person to facilitate access to a computer, computer system or computer network in contravention of the provisions of this Act, rules or regulations made there under, (h) charges the services availed of by a person to the account of another person by tampering with or manipulating any computer, computer system, or computer network, (i) destroys, deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means, (j) Steals, conceals, destroys or alters or causes any person to steal, conceal, destroy or alter any computer source code used for a computer resource with an intention to cause damage, he shall be liable to pay damages by way of compensation to the person so affected. Section 43A - Compensation for failure to protect data Where a body corporate, possessing, dealing or handling any sensitive personal data or information in a computer resource which it owns, controls or operates, is negligent in implementing and maintaining reasonable security practices and procedures and thereby causes wrongful loss or wrongful gain to any person, such body corporate shall be liable to pay damages by way of compensation, not exceeding five crore rupees, to the person so affected. Section 65 - Tampering with Computer Source Documents If any person knowingly or intentionally conceals, destroys code or alters or causes another to conceal, destroy code or alter any computer, computer programme, computer system, or computer network, he shall be punishable with imprisonment up to three years, or with fine up to two lakh rupees, or with both. Section 66 - Computer Related Offences If any person, dishonestly, or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to two three years or with fine which may extend to five lakh rupees or with both. Section 66A - Punishment for sending offensive messages through communication service Any person who sends, by means of a computer resource or a communication device, (a) any information that is grossly offensive or has menacing character; (b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently makes by making use of such computer resource or a communication device, (c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages shall be punishable with imprisonment for a term which may extend to three years and with fine. Section 66B - Punishment for dishonestly receiving stolen computer resource or communication device. Whoever dishonestly receives or retains any stolen computer resource or communication device knowing or having reason to believe the same to be stolen computer resource or communication device,4. shall be punished with imprisonment of either description for a term which may extend to three years or with fine which may extend to rupees one lakh or with both. Section 66C - Punishment for identity theft Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh. Section 66D - Punishment for cheating by personation by using computer resource Whoever, by means of any communication device or computer resource cheats by personating; shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupees. Section 66E - Punishment for violation of privacy Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, Explanation - For the purposes of this section: (a) “transmit” means to electronically send a visual image with the intent that it be viewed by a person or persons; (b) “capture”, with respect to an image, means to videotape, photograph, film or record by any means; (c) “private area” means the naked or undergarment clad genitals, pubic area, buttocks or female breast; (d) “publishes” means reproduction in the printed or electronic form and making it available for public; (e) “under circumstances violating privacy” means circumstances in which a person can have a reasonable expectation that-- (i) he or she could disrobe in privacy, without being concerned that an image of his private area was being captured; or (ii) any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place. shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both. Section-66F Cyber Terrorism Whoever,- with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people by – (i) denying or cause the denial of access to any person authorized to access computer resource; or (ii) attempting to penetrate or access a computer resource without authorisation or exceeding authorized access; or (iii) introducing or causing to introduce any Computer Contaminant and by means of such conduct causes or is likely to cause death or injuries to persons or damage to or destruction of property or disrupts or knowing that it is likely to cause damage or disruption of supplies or services essential to the life of the community or adversely affect the critical information infrastructure specified under section 70, Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life. Section 67 - Punishment for publishing or transmitting obscene material in electronic form Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which5. may extend to two three years and with fine which may extend to five lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees. Section 67A - Punishment for publishing or transmitting of material containing sexually explicit act, etc. in electronic form Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees. Section 67B - Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form Whoever:- (a) publishes or transmits or causes to be published or transmitted material in any electronic form which depicts children engaged in sexually explicit act or conduct or (b) creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner or (c) cultivates, entices or induces children to online relationship with one or more children for and on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource or (d) facilitates abusing children online or (e) records in any electronic form own abuse or that of others pertaining to sexually explicit act with children, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with a fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees: Section 69 - Powers to issue directions for interception or monitoring or decryption of any information through any computer resource.- (1) Where the central Government or a State Government or any of its officer specially authorized by the Central Government or the State Government, as the case may be, in this behalf may, if is satisfied that it is necessary or expedient to do in the interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence, it may, subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the appropriate Government to intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted any information transmitted received or stored through any computer resource. (2) The Procedure and safeguards subject to which such interception or monitoring or decryption may be carried out, shall be such as may be prescribed. (3) The subscriber or intermediary or any person in charge of the computer resource shall, when called upon by any agency which has been directed under sub section (1), extend all facilities and technical assistance to -6. (a) provide access to or secure access to the computer resource generating, transmitting, receiving or storing such information; or (b) intercept or monitor or decrypt the information, as the case may be; or (c) provide information stored in computer resource. (4) The subscriber or intermediary or any person who fails to assist the agency referred to in sub-section (3) shall be punished with an imprisonment for a term which may extend to seven years and shall also be liable to fine. Section 69A - Power to issue directions for blocking for public access of any information through any computer resource (1) Where the Central Government or any of its officer specially authorized by it in this behalf is satisfied that it is necessary or expedient so to do in the interest of sovereignty and integrity of India, defense of India, security of the State, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognizable offence relating to above, it may subject to the provisions of sub-sections (2) for reasons to be recorded in writing, by order direct any agency of the Government or intermediary to block access by the public or cause to be blocked for access by public any information generated, transmitted, received, stored or hosted in any computer resource. (2) The procedure and safeguards subject to which such blocking for access by the public may be carried out shall be such as may be prescribed. (3) The intermediary who fails to comply with the direction issued under sub-section (1) shall be punished with an imprisonment for a term which may extend to seven years and also be liable to fine. Section 69B. Power to authorize to monitor and collect traffic data or information through any computer resource for Cyber Security (1) The Central Government may, to enhance Cyber Security and for identification, analysis and prevention of any intrusion or spread of computer contaminant in the country, by notification in the official Gazette, authorize any agency of the Government to monitor and collect traffic data or information generated, transmitted, received or stored in any computer resource. (2) The Intermediary or any person in-charge of the Computer resource shall when called upon by the agency which has been authorized under sub-section (1), provide technical assistance and extend all facilities to such agency to enable online access or to secure and provide online access to the computer resource generating, transmitting, receiving or storing such traffic data or information. (3) The procedure and safeguards for monitoring and collecting traffic data or information, shall be such as may be prescribed. (4) Any intermediary who intentionally or knowingly contravenes the provisions of subsection (2) shall be punished with an imprisonment for a term which may extend to three years and shall also be liable to fine. Section 71. Penalty for misrepresentation Whoever makes any misrepresentation to, or suppresses any material fact from, the Controller or the signNowing Authority for obtaining any license or Electronic Signature Certificate, as the case may be, shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.7. Section 72 - BsignNow of confidentiality and privacy Any person who, in pursuant of any of the powers conferred under this Act, rules or regulations made there under, has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such electronic record, book, register, correspondence, information, document or other material to any other person shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both. These are the IPC Section codes : Section 499. Defamation Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person. It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. First Exception.—Imputation of truth which public good requires to be made or published Second Exception.—Public conduct of public servants Third Exception.—Conduct of any person touching any public question Fourth Exception.—Publication of reports of proceedings of Courts Fifth Exception.-Merits of case decided in Court or conduct of witnesses and others concerned. Sixth Exception.—Merits of public performance Seventh Exception.—Censure passed in good faith by person having lawful authority over another. Eighth Exception.—Accusation preferred in good faith to authorised person. Ninth Exception.—Imputation made in good faith by person for protection of his or other’s interests Tenth Exception.—Caution intended for good of person to whom conveyed or for public good Section 500. Punishment for defamation Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.8. CLASSIFICATION OF OFFENCE Para I Punishment—Simple imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable by Court of Session—Compoundable by the person defamed. Para II Punishment—Simple imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable by Magistrate of the first class—Compoundable by the person defamed with the permission of the court Section 420 Cheating and dishonestly inducing delivery of property Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Compoundable by the person cheated with the permission of the court. Section 383. Extortion Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits “extortion”. Example; (a) A threatens to publish a defamatory libel concerning Z unless Z give him money. He thus induces Z to give him money. A has committed extortion. (b) A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign and deliver to A promissory note binding Z to pay certain monies to A. Z signs and delivers the note. A has committed extortion. (c) A threatens to send club-men to plough up Z’s field unless Z will sign and deliver to B bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sing and deliver the bond. A has committed extortion. (d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security. A has committed extortion. Section 384. Punishment for extortion Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine or with both.9. CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.Section 463. Forgery Whoever makes any false documents or false electronic record or part of a document or electronic record, with intent to cause damage or injury], to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.Section 465. Punishment for forgery Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.CLASSIFICATION OF OFFENCE Punishment—Punishment for forgery of such document—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable. Section 503. Criminal intimidation Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. Explanation A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section. Illustration A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B’s house. A is guilty of criminal intimidation. The following are the live cases : Section 43 Related Case: Mphasis BPO Fraud: 2005 In December 2004, four call centre employees, working at an outsourcing facility operated by MphasiS in India, obtained PIN codes from four customers of MphasiS’ client, Citi Group. These employees were not authorized to obtain the PINs. In association with others, the call centre employees opened new accounts at Indian banks using false identities. Within two months, they used the PINs and account information gleaned during their employment at MphasiS to transfer money from the bank accounts of CitiGroup customers to the new accounts at Indian banks.10. By April 2005, the Indian police had tipped off to the scam by a U.S. bank, and quickly identified the individuals involved in the scam. Arrests were made when those individuals attempted to withdraw cash from the falsified accounts, $426,000 was stolen; the amount recovered was $230,000. Verdict: Court held that Section 43(a) was applicable here due to the nature of unauthorized access involved to commit transactions. Section 65 Related Case: Syed Asifuddin and Ors. Vs. The State of Andhra Pradesh In this case, Tata Indicom employees were arrested for manipulation of the electronic 32- bit number (ESN) programmed into cell phones theft were exclusively franchised to Reliance Infocomm. Verdict: Court held that tampering with source code invokes Section 65 of the Information Technology Act.Section 66 Related Case: Kumar v/s Whiteley In this case the accused gained unauthorized access to the Joint Academic Network (JANET) and deleted, added files and changed the passwords to deny access to the authorized users. Investigations had revealed that Kumar was logging on to the BSNL broadband Internet connection as if he was the authorized genuine user and ‘made alteration in the computer database pertaining to broadband Internet user accounts’ of the subscribers. The CBI had registered a cyber crime case against Kumar and carried out investigations on the basis of a complaint by the Press Information Bureau, Chennai, which detected the unauthorised use of broadband Internet. The complaint also stated that the subscribers had incurred a loss of Rs 38,248 due to Kumar’s wrongful act. He used to ‘hack’ sites from Bangalore, Chennai and other cities too, they said. Verdict: The Additional Chief Metropolitan Magistrate, Egmore, Chennai, sentenced N G Arun Kumar, the techie from Bangalore to undergo a rigorous imprisonment for one year with a fine of Rs 5,000 under section 420 IPC (cheating) and Section 66 of IT Act (Computer related Offence). section 66 A Relevant Case #1: Fake profile of President posted by imposter On September 9, 2010, the imposter made a fake profile in the name of the Hon’ble President Pratibha Devi Patil. A complaint was made from Additional Controller, President Household, President Secretariat regarding the four fake profiles created in the name of Hon’ble President on social networking website, Facebook. The said complaint stated that president house has nothing to do with the facebook and the fake profile is misleading the general public. The First Information Report Under Sections 469 IPC and 66A Information Technology Act, 2000 was registered based on the said complaint at the police station, Economic Offences Wing, the elite wing of Delhi Police which specializes in investigating economic crimes including cyber offences. Relevant Case #2: Bomb Hoax mail In 2009, a 15-year-old Bangalore teenager was arrested by the cyber crime investigation cell (CCIC) of the city crime branch for allegedly sending a hoax e-mail to a private news channel. In the e-mail, he claimed to have planted five bombs in Mumbai, challenging the police to find them before it was too late. At around 1p.m. on May 25, the news channel received an e-mail that read: “I have planted five bombs in Mumbai; you have two hours to find it.” The police, who were alerted immediately, traced the Internet Protocol (IP) address to Vijay Nagar in Bangalore. The Internet service provider for the account was BSNL, said officials. section 66 C Relevant Cases: security number was exposed by Matt Lauer on NBC’s Today Show. Davis’ identity was used to obtain a $500 cash advance loan. University of Pennsylvania faked his own death, complete with a forged obituary in his local paper. Nine months later, Li attempted to obtain a new driver’s license with the intention of applying for new credit cards eventually.Section 66C: Punishment for identity theft Imprisonment upto three years and Fine upto Rs. 1 Lakhs.Section 66D: Punishment for cheating by personation by using computer resourceSection 66E: Punishment for violation of privacy Imprisonment upto three years and/or Fine upto Rs. 2 LakhsSection 66F: Punishment for cyber terrorism May extend to Life imprisonment -do- Non bailable.Section 67: Publishing obscene information in electronic form FirstConviction: Imprisonment upto three years and Fine upto Rs. 5 LakhsSecond or subsequent Conviction : Imprisonment upto five years and Fine upto Rs. 10 Lakhs -do- Bailable in case of first conviction only. Second or subsequent conviction shall be non bailableSection 67A: Punishment for publishing or transmitting of material containing sexually explicit act, etc. in electronic form First Conviction:Imprisonment upto Five years and Fine upto Rs. 10 LakhsSecond or subsequent Conviction : Imprisonment upto Seven years and Fine upto Rs. 10 Lakhs -do- Non-bailable in both first and second conviction.Section 67B: Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form.Section 67C (2): Deliberate Failure by the intermediary to preserve and retain information as specified by the Central Government.Section 68 (2): Deliberate Failure to comply with the order/direction of controller.Section 69 (4): Failure to extend facilities to decrypt information to govt. notified agencySection 69A (3): Punishment for failure by the intermediary to comply with the order of the notified agency to block websites etc.Section 69B (4): Deliberate failure by the intermediary to provide the notified agency with the technical assistance or online access to the computer resource.Section 70: Unauthorized access to protected system directly or indirectly affects the facility of Critical Information Infrastructure.Section 72A: Punishment for Disclosure of information in bsignNow of lawful contract Indian Arms Act 1959 Imprisonment upto three years and Fine .Bailable Imprisonment for a term not exceeding two years or to a fine not exceeding one lakh rupees or to both Imprisonment for a term which may extend to seven years and fine Imprisonment for a term which may extend to three years and fine Imprisonment up to 10 years and fine Cognizable Non bailable Imprisonment for a term upto three years or to a fine upto Rs. 5 Lakhs or to both.Chapter V – Offences and Penalties Sec.25 – Punishment for certain offencesSec.26 – Secret contraventionsSec.27 – Punishment for using arms, etc. Non cognizable -do- Cognizable Non bailable Non Cognizable BailableSec.28 – Punishment for use and possession of firearms or imitation firearms in certain casesSec.29 – Punishment for knowingly purchasing arms, etc., from unlicensed person or for delivering arms, etc., to person not entitled to possess the sameSec.30 – Punishment for contravention of licence or ruleSec.31 – Punishment for subsequent offencesSec.32 – Power to confiscateSec.33 – Offence by companies NDPS ACT On 8th September, 2011, the Government introduced the NDPS (Amendment) Bill, 2011 in the Lok Sabha. The Bill was referred to the Parliamentary Standing Committee on Finance on 13th September, 2011 for further consideration. The Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 is the central law on control, regulation and prohibition of narcotic and psychotropic drugs in India. The Act was last amended in 2001, to rationalize punishment and adopt a sentencing structure based on the quantity of drugs involved. The stringent penal structure and rigid implementation of the NDPS Act created many problems including non-availability of opioid medication and lack of access to drug dependence treatment. The Bill seeks to amend a number of provisions of the NDPS Act including:•Modification of the definitions of ‘small’ and ‘commercial’ quantity to include the entire amount of drugs involved and not only the pure drug content [Section 2(xxiiia) and Section 2(viia)]•Standardisation of punishment for consumption of drugs to a maximum of 6 months or fine [Section 27]•Transfer of power to regulate “poppy straw concentrate” from the State to the Central Government [Sections 9 and 10]•Widening provisions for forfeiture of illegally acquired property, wherein any property of a person who is alleged to be involved in illicit traffic whose source cannot be proved is termed as ‘illegally acquired property’ and liable to be seized [Sections 68-B, 68H and 68-O]•Addition of the term ‘management’ to provisions on treatment for drug dependence [Section 71] Concerns over the Bill The proposed quantity definitions would have far signNowing implications on sentencing for NDPS offences and may expose low-level drug offenders, including people who use drugs to stringent punishment. Despite standardisation of punishment for consumption of drugs, the policy of criminalisation of drug use remains unchanged. The overbroad scope of the forfeiture provision makes it susceptible to misuse and subject to constitutional challenges. Further still, the Bill fails to address key issues and contradictions that have arisen such as, death penalty for repeat offenders, immunity for treatment seeking, regulation of treatment centres, support for harm reduction measures and access to opioid medicines. Read more. The Lawyers Collective expressed these and other concerns to the Standing Committee on Finance through written and oral submissions on the NDPS (Amendment) Bill, 2011 My request to all the people is to be safe and to be alert and not involve in wrong activities.
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How do I make a PVT Ltd company in India?
How to register a company (Pvt. Ltd.)Pre-requisites1. Have paid-up capital of INR 1,00,0002. Have minimum of 2 directors/board members and two shareholders3. Have maximum of 50 members only4.Cannot publicly sell shares. Can only invite people to buy shares by issuing aprospectusStep1: Acquire DIN (Director Identification Number)DIN is a unique identification number for an existing director or a person intending tobecome a director of a company. As per a recent amendment to the Companies Act 1956, DIN has become mandatory for all the directors. DIN is unique and specific to an individual, therefore only one DIN is allotted per individual even if the individual serves as director at multiple companies. No fee is charged for issuing DIN. This process takes approximately 3 to 5 working days.Supporting documents required (soft-copies):1.Photograph2.Proof of identity3.Proof of residenceRegister on MCA website for login ID and password(create an account)I.File eForm DIN-11.Download eForm DIN-12.Fill the form3.Attach necessary documents4.Sign using digital signature5.“Check Form”6.Upload eForm7.Pay fees by credit card, debitcard, internet banking or cash/cheque at designated banks (State Bank of India, Punjab National Bank, Indian Bank, ICICI Bank, HDFC Bank) using the pre-filed challan that will be generated8.Note the Service Request Number (SRN) for later enquiries9.Check acknowledgement by email or through MCA portalII.Intimate approved DIN To your Company (within 30 days from date of approval)a.Download Form DIN-2 and printStep 2: Acquire Digital Signature Certificate(DSC):At least one of the directors should have a valid Digital Signature Certificate issued by the signNowing Authorities (CA) and approved by the Ministry of Corporate Affairs. The Information Technology Act,2000 provides for use of Digital Signatures on the documents submitted in electronic forms, in order to ensure the security and authenticity of the documents filed electronically. Every document prescribed under the Companies Act, 1956, is required to be filed with the digital signature of the managing director or director or manager or secretary of the company. Therefore at least one of directors must have a digital signature. Any person may make an application to the signNowing Authority for the issue ofa Digital Signature in such form as may be prescribed by the Central Government. Digital Signatures are typically issued with one year validity and two year validity. The issuance cost varies depending on the CA. Digital Signatures can be obtained within an hour.One can acquire his/her Digital Signature certificates from these government listed agencies like TCS, IDBRT, MTNL, SAFESCRYPT, NIC, nCODE Solutions etc.Step 3: Apply for the company to be registeredThis is the final major step in a registration of your company which includes incorporating company name, Registering the office address or notice of situation of office and notice for appointment of company directors, manager and secretary. And also regarding the take and pay for their qualification shares.Prerequisite for Virtual eFiling1.Install the following prerequisite software:Windows 2000 / Windows XP / Windows Vista / Windows 7 –Operating SystemInternet Explorere v6.0 and above, Google Chrome, Mozilla FirefoxsignNow from version 7.5 to version 10.1.4Java Runtime Environment (JRE –latest version freely downloadable fromwww.sun.com)2.Get yourself registered at the portal (www.mca.gov.in)3.Obtains a Director Identification Number (DIN).4.Obtain a Digital Signature Certificate (DSC).5.Broadband Internet connectivity or higher.6.A scanner (above 200 DPI) for converting the attachments in the PDF format.Steps:I.Fill Form-1A for obtaining the name for the company-onlineFor obtaining name for your new company, An application in Form-1A needs to be filed with the Registrar of Companies (ROC) of the state in which the Registered Office of the proposed Company is to be situated to ascertain the availability of a name along with an official service fee of Rs.500. You also have to provide the following information in the form.• Name of the proposed company (Minimum 4 alternative names, maximum 6).Indicate the order of preference. Ensure that the company name is in accordance to the guidelines of the MCA, and also ensure the name is unique and does not resemble the name of any existing company in India. The company name must end with the words ‘Private Limited’ or ‘PVT Ltd’. In order to have specific key words in the name such as corporation, International, Hindustan, Industries, India etc., the proposed company should satisfy a minimum authorized capital criteria.• Location of registered office of the proposed company• Main Objectives of the business of the company• Names and addresses of the directors• Proposed Authorized Share Capital of the Company• DIN & DSCSubmit duly filled form to the Registrar along with fee of Rs. 500.The Registrar shall intimate, within two to three days, whether the proposed name is available or not. If the preferred name is not available apply for a fresh name on the same application. The name made available by the Registrar shall be valid for a period of six months. In case, if the company is not incorporated within this validity period, an application may be made for renewal of name by paying additional fees. Otherwise the name approval process has to be repeated by submitting new application after payment of requisite fees.In about 10 days, the ROC will inform you about approval or objections. If there are any objections then ROC will suggest you with some available names and let you choose among them. If your company name is approved then you will receive a formal letter regarding the confirmation of the same. Keep the same which will be required during registration process of the proposed company.II.Prepare documentsAfter obtaining name approval from the ROC the following documents must beprepared to incorporate the company• Memorandum of Association (MOA) The Memorandum of Association is a document that sets out the constitution of the company. It contains, among-st others, the objectives and the scope of activity of the company and also describes the relationship of the company with the outside world.• Articles of Association (AOA) The Articles of Association contains the rules and regulations of the company for the management of its internal affairs. While the Memorandum specifies the objectives and purposes for which the Company has been formed, the Articles lay down the rules and regulations for achieving those objectives and purposes. It also states the authorized share capital of the proposed company and the names of its first / permanent directors. Professional help is to be sought in the drafting of the MOA and AOA, as it contains the governing policies, rules and by-laws of the proposed venture. The draft must be carefully vetted by the promoters before printing and stamping.The MOA and AOA must be signed by at least two subscribers in his own hand, along with father’s name, occupation, address and the number of shares subscribed for and witnessed by at least one person. Then the MOA and AOA are required to be stamped & filed with the ROC. A stamp duty is required to be paid on the MOA and on the AOA. The stamp duty depends on the authorized share capital and varies between states. Details of applicable stamp duty can be obtained from here. eStamping facility is now available via MCA’s portal. The document preparation process may take five to seven days.• Form 1 –providing details of promoters of the company• Form 18 –providing details of address of the registered office of the company• Form 32 –providing details of Directors, managers and secretaries of the companyIII.Submission of DocumentsSubmit the following documents to the ROC with the filing fee and the registration fee:• The stamped and signed Memorandum and Articles of Association (3 copies).• Form-1, 18 & 32 in duplicate.• Any agreement referred to in the Memorandum & Articles.• Any agreement proposed to be entered into withany individual for appointment as Managing or whole time Director.• Declaration of Compliance by an advocate or company secretary or chartered accountant or director, manager or secretary of the company• Name availability letter issued by the ROC.• Power of Attorney authorizing a person, on behalf of subscribers, any documents and papers filed for registration. The power of attorney should be given on Non-Judicial stamp paper of appropriate value and shall be submitted to the Registrar.After submitting these forms, once the application has been approved by MCA, you will receive a confirmation email regarding the application for incorporation of a new company, and the status of the form will get changed to Approved.IV.Payment of Registration FeesThe fees payable to the Registrar at the time of registration of a new company varies according to the authorized capital of a company proposed to be registered. Payment for the Registration and Filing Fee must be made by Demand Draft/Banker’s Cheque if it exceeds Rs.1000/.V.Obtaining Certificate of IncorporationThe ROC will issue a Certificate of Incorporation after careful review of documents submitted. Section 34(1) cast an obligation on the Registrar to issue a Certificate of Incorporation, normally within 7 days of the receipt of documents.A Private Limited Company can start its business immediately on receiving the Certificate of Incorporation.Check these documents before submission of a company:1.DIN of all those directors of a proposed company.2.DSC –Digital Signature Certificate3.Original copy of the formal letter issued by ROC regarding availability of Company name.4.Form-1 for incorporation of a company.5.Form-18 for situation or address of the proposed company.6.Form-32 for particulars of proposed directors, managers and secretary.Formalities to be followed while incorporation of a company:1.Obtain a TAN card2.Obtain a Permanent account number (PAN) from income tax dept. India3.If required: Documents obeying shop and establishment acts.4.If required: For foreign trade, Registration documents of import export code from Director General of foreign trade.5.If required: Registration documents of Software technologies Parks of India (STPI).6.If required: RBI approval for foreign companies investing in India and FIPB approval.7.Both Indian and foreign directors need to have valid Digital Signature Certificates from authorized agencies.For any further clarifications, please visithttp://www.mca.gov.in/MCA21/Regi...Thanks & Regards,Stay4u.
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How do I establish a private limited company?
A private limited company is the most common form of business entity in India. It is easy to maintain and raise funds, offers limited liability to its members, offer flexibility, easy bank loan accessibility.Read Advantages of Private Limited Company. Following are the steps involved in the registration of private limited company Basic requirementThere must be at least 2 members in the companyThe company shall be made for legal business and must not harm the society. The company object should not be illegal.In case, if the registrar issue the certificate of incorporation to such business entity , then certificate will be void and registration will be itself cancelled by the Central Government and appropriate proceeding will take place against the entity and the Registrar.Read in detail Pre-Requisites for Registration of Private Limited Company Step 1: Obtaining Director Identification Number (DIN) & Digital SignatureThe First step isObtaining Director Identification Number (DIN) for the proposed Directors in the CompanyObtaining Digital Signature for one of the Directors of Company.After this, application for name of Private Limited Company must be applied. Step 2: Applying for the nameThe promoters should propose one or more suitable name for the name of company as it offers the flexibility and choice to registrar to select the name in case some names are identical or similar to registered business entities or trademarkThe name should not be similar or identical to any registered company or trademark.The name should not be one prohibited under the ‘Emblems and names Act, 1950’.The name of company must have suffix “Private limited Company “.After submission of name, registrar will review and approve one of the name .It usually takes 3 to 5 working days to approve the name for company .Read tips for Choosing the right name for your company registration for easy approval of name by ROC.Step 3: Filing for Incorporation/Establishing of Private Limited CompanyAfter the name approval, promoters should submit the application, prescribed fees and below said following documents to the registrar.Articles of Association, if anyMemorandum of AssociationDeclaration from DirectorsAffidavits of the DirectorsA declaration stating that the requirements of the Act and the rules framed there under have been compiled with. This declaration is required to be signed by an advocate of the or Supreme Court or an attorney or a pleader having the right to appear before or a High Court or a Chartered Accountant in whole time practice in India who is engaged in the formation of a company, or by a person named in the Articles as a Director, Manager or Secretary of the Company.Besides the aforementioned documents, the company must provide relevant information regarding of its registered office within 15 days of registration or during filing of incorporation documents.Step 4: Subscribing to the Private Limited CompanyAs per the Companies Act 2013, a subscriber must sign their names and must be subscribed to the shares of the company incorporated. It means each subscriber must have at least one share of the company. Each subscriber should sign the memorandum in presence of at least one witness and must clearly state the following:AddressPersonal DescriptionOccupationNo of shares subscribedNature of shares etc.Likewise both (Article and Memorandum of association) must be duly signed and stamped.Step 5: Certificate of IncorporationAfter filing the above-mentioned documents and payment of necessary fees, the certificate for incorporation would be issued by the Registrar of Companies. Upon Incorporation, the company becomes a legal person separate from its members.The process to register a private limited is complex and time-consuming. Our team at LegalRaasta can help startups and Entrepreneurs Register Private Limited Company in 14-15 days @ 13,999/- only (inclusive of government fee) saving 40% compared to typical CA/CS
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Why do some people go straight to the boss when they have a (sometimes very minor) problem with a coworker?
There might be many reasons. These are some which I have encountered:a) cry for help: the problem is minor but persistent, or minor but manifold. The co-workers cannot resolve it so they have to ask the boss for help. For instance, I had a teammate who always came late. If the event prep started at 9am, she came at 9:30, just when the laborious prep work like arranging the tables and chairs was completed. She would gracefully take a seat, fire up the computer and look prim and proper while the rest of us fumed. We ended up complaining to the boss again and again as the girl was quite shameless and saw nothing wrong with what she was doing.b) tattle-tale: one of our HR heads was always whispering in the CEO’s ear. Every time there was a meeting of the heads of departments, she sat right next to the CEO, and frequently muttered, “I told you about it” whenever a problem was reported. I could hear her because I was taking minutes and sat near the CEO. She cultivated an all-knowing reputation to curry favour with the CEO. Her “power behind the throne” reign ended when we had a new CEO.c) sensitive matters: sometimes people aren’t comfortable talking to co-workers about certain matters. They want to preserve the working relationship. So they ask the boss to deal with it. Sensitive matters I’ve encountered are poor personal hygiene, unwillingness to assume responsibility, sexism and religious proselytizing.
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What kind of gun rules and regulations does Joe Buettner believe in?
We’re going to examine homicide statistics in the United States from 2010 to 2014. It’s a recent five year span which should be proportionately representative of the present and the period doesn’t contain any particularly large statistical anomalies. In this context, it’s important to note that murder is specifically defined as the willful, unlawful killing of another person. Murder is distinct from justifiable homicide which involves the willful, lawful killing of a felon by a law enforcement officer or private citizen.[1]Seen below is a table showing the number of murders in the United States categorized by weapon:Image by the Federal Bureau of Investigation (Expanded Homicide Data Table 8)One of the striking things about those statistics is the disproportionately large number of murders committed using handguns. That number is consistently more than twice that of every other single category of weapon and every other category of firearm combined (even assuming the category “Firearms, type not stated” excluded all handguns, which it most certainly does not).The disproportionate use of handguns in murders isn’t unique to the United States either. In most nations where handguns are in widespread circulation, they are the weapon of choice in murders. In most nations where handguns are not in widespread circulation, knives are the weapon of choice in murders. The prevalence of both handguns and knives as murder weapons can be reasonably assumed to be the result of both weapon types being convenient and easily accessible during an argument or concealable enough to allow a murderer to get fairly close to a victim. This assumption is reasonably well supported by the available data outlining the circumstances of murders.[2] However, an important difference between knives and handguns is that knife attacks are substantially less likely to result in a fatality than attacks using handguns. It’s also much easier to block or run away from a knife than a handgun.Things get even more interesting though when we look at justifiable homicide data.Image by the Federal Bureau of Investigation (Expanded Homicide Data Table 14)Image by the Federal Bureau of Investigation (Expanded Homicide Data Table 15)The numbers for law enforcement aren’t especially surprising because virtually every officer in the United States carries a handgun on a daily basis. It makes perfect sense that the bulk of justifiable homicides by law enforcement officers are performed using handguns. Likewise, it’s not surprising that the bulk of justifiable homicides by private citizens are performed using handguns given the prevalence and convenience of handguns. What is surprising is just how few justifiable homicides happen in comparison to murders. It would seem the common narrative that good guys with guns frequently kill bad guys with guns is grossly overamplified by proponents for gun ownership.However, it can be said with accuracy that many self defense cases involving guns do not end in a justifiable homicide. Unfortunately, there is no solid statistical data on just how many people defend themselves with guns every year. Research conducted by organizations biased towards gun ownership consistently use statistically unsound methods which result in estimates of multiple millions of defensive gun uses each year. Research conducted by organizations which use statistically sound methods results in yearly estimates in the 60,000–80,000 range, but the scope of the research may be too narrow and therefore omit a statistically signNow number of defensive gun incidents.What good statistical data is available for is the number of robberies and aggravated assaults involving firearms. There are consistently around 120,000 robberies involving firearms every year and usually over 140,000 aggravated assaults involving firearms every year. Although the firearms used in these robberies and aggravated assaults are not broken down by type, there’s no reason to believe that the distribution would appear signNowly different than that seen in homicide. In other words, it seems most likely that the type of firearm most commonly seen in these non-fatal violent crimes is a handgun.Image by the Federal Bureau of Investigation (Table 15)Image by the Federal Bureau of Investigation (Table 15)Regardless of the statistical frequency of non-lethal defensive gun use, it is readily apparent to me that the illegal use of handguns is a signNow problem in the United States.Furthermore, it’s my experience that handguns are categorically the worst defensive firearms available. The problem isn’t that they can’t make holes that incapacitate people, they’re all clearly quite capable of that. The problem is that handguns are extraordinarily difficult for most people to shoot accurately in any conditions which remotely resemble a lethal confrontation because handguns can only be aimed using a single point of contact, the grip. It requires an asinine level of training to become competent in shooting a pistol under stress.By contrast, long guns, rifles and shotguns, can be shot much more accurately because the user can hold on to the grip with their firing hand, plant the buttstock against their firing shoulder, and stabilize the long gun with their non-firing hand by holding on to the forend. Those three points of contact make it quite possible for relatively new users to accurately shoot long guns with relatively little training and press long guns into defensively usage easily.So when people advocate for handguns as defensive weapons, I become highly skeptical about the credibility of those claims. The only things handguns are good at are being compact and convenient. Long guns are superior in every other way. In military combat where handguns and long guns are both convenient and available, you will always find that long guns are the cause of nearly all non-explosive related casualties and handguns cause so few casualties that they’re almost not statistically signNow. Handgun accuracy among law enforcement officers, people ostensibly trained and competent in the use of handguns, is statistically abysmal. Essentially what I’m saying is that the reverence for handguns in the United States is severely misplaced and not grounded in reality.So what should be done about handguns in the United States?If you look at the weapons regulated by the National Firearms Act of 1934, the list is perplexing without historical context. Placing controls on machine guns makes sense from a public safety standpoint because machine guns fire immense volumes of bullets in a short period of time. Regulating silencers seems like an obvious attempt to prevent gunshots from going unnoticed when guns are fired illegally. Meanwhile, somewhat concealable firearms like short barreled rifles and shotguns have regulations placed on them while even more concealable handguns are unregulated.If you read through the 1934 congressional hearings on the National Firearms Act (NFA),[3] you’ll find that handguns were very much intended to be regulated in a similar manner to short barreled shotguns in the original legislation. Interestingly, when asked about dropping pistols from the NFA in favor of increased regulations on machine guns or sawed-off shotguns, the Attorney General of the United States in his testimony explicitly warned “I think it would be a terrible mistake to adopt any half-way measures about this. I think the sooner we get to the point where we are prepared to recognize the fact that the possession of deadly weapons must be regulated and checked, the better off we are going to be as a people.” In the end though, handguns weren’t regulated by the NFA. I happen to think that statistics have proven the Attorney General correct some 84 years later.At this point, I very much believe that handguns can and should be regulated like short barreled shotguns under the NFA. I believe that one of the major problems with various incarnations of the “Assault Weapons Ban” is that said laws are inherently not retroactive and do nothing about existing weapons. This is not the case in regards to guns regulated by the NFA; all firearms described by the NFA, with the exception of antiques, must be registered with the federal government.In order to come into possession of an NFA firearm, normally an individualmust obtain approval from the ATF, pass an extensive background check to include submitting a photograph and fingerprints, fully register the firearm, receive ATF written permission before moving the firearm across state lines, and pay a tax.[4]Although legislating that existing handgun owners must register their handguns under the NFA sounds complex, it really isn’t and our existing legal code is already set up for adding new classes of firearms to the National Firearms Act with nothing more than simple legislation. The following provisions are buried within the Internal Revenue Code:[5]Section 207 of Pub. L. 90–618, as amended by Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095, provided that:“(a) Section 201 of this title [enacting this chapter] shall take effect on the first day of the first month following the month in which it is enacted [October 1968].“(b) Notwithstanding the provisions of subsection (a) or any other provision of law, any person possessing a firearm as defined in section 5845(a) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (as amended by this title) which is not registered to him in the National Firearms Registration and Transfer Record shall register each firearm so possessed with the Secretary of the Treasury or his delegate in such form and manner as the Secretary or his delegate may require within the thirty days immediately following the effective date of section 201 of this Act [see subsec. (a) of this section]. Such registrations shall become a part of the National Firearms Registration and Transfer Record required to be maintained by section 5841 of the Internal Revenue Code of 1986 (as amended by this title). No information or evidence required to be submitted or retained by a natural person to register a firearm under this section shall be used, directly or indirectly, as evidence against such person in any criminal proceeding with respect to a prior or concurrent violation of law.“(c) The amendments made by sections 202 through 206 of this title [amending sections 6806 and 7273 of this title, repealing sections 5692 and 6107 of this title, and enacting provisions set out as a note under this section] shall take effect on the date of enactment [Oct. 22, 1968].“(d) The Secretary of the Treasury, after publication in the Federal Register of his intention to do so, is authorized to establish such period of amnesty, not to exceed ninety days in the case of any single period, and immunity from liability during any such period, as the Secretary determines will contribute to the purposes of this title [adding this chapter, and sections 6806 and 7273 of this title, repealing sections 5692 and 6107 of this title, and enacting provisions set out as notes under this section].”This means that the Secretary of the Treasury can at any time authorize an amnesty period in which owners of unregistered (read as illegally possessed) NFA firearms can register those firearms and never be prosecuted for anything related to those firearms. Additionally, while normal NFA registrations require a $200 tax, there is no requirement for a tax to be imposed on amnesty registrations, so there is no legally mandated financial disincentive. Although there hasn’t been an amnesty since 1968, the last one was implemented for the purposes of getting war trophy machine guns registered and was wildly successful. Everybody who registered their previously illegal (and in some cases outright stolen) machine gun got to keep their registered gun and the government got to know where more machine guns were to help with record keeping.There are several effects that regulating handguns under the NFA would have:Everybody who isn’t irrationally paranoid about the federal government confiscating guns would register during the amnesty period and be fine.People who are irrationally paranoid about the federal government confiscating guns and refuse to register could be prosecuted for NFA violations piecemeal as they became noticed.Straw purchases for new handguns would virtually disappear because NFA requirements are signNowly more stringent than normal and link specific people to specific guns. Straw purchases are cases in which people buy guns for other people who can’t pass a background check.The black market for handguns will shrink and prices for black market handguns will rise as handguns are inevitably removed from circulation and fewer handguns flow into the black market as replacements due to a severe reduction in straw purchases.If future executives and lawmakers actually wanted to keep handgun buying constituents happy, those executives and lawmakers would have to properly and adequately fund the Bureau of Alcohol, Tobacco, Firearms, and Explosives if they wanted the NFA approval process to work in a timely manner. This would have the additional positive side effect of allowing the BATFE to better enforce all laws instead of being hamstrung by wholly inadequate funding. Finally, since NFA regulation has historically proven to decrease the frequency in which regulated firearms are used in crime, it is reasonable to assume that the frequency of handgun usage in criminal activity would decrease over time.Although I don’t think regulating handguns in this manner would see popular support, there are several regulations which I do think would see popular support.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.It’s worth noting that if my suggestion to regulate handguns under the National Firearms Act were ever implemented, creating a national permit for carrying concealed handguns would practically become a necessity. At the moment, written approval from the BATFE is required before crossing state lines with an NFA firearm. That system would not be sustainable in terms of labor costs and paperwork if handguns suddenly came under the purview of the NFA.Footnotes[1] Murder[2] https://ucr.fbi.gov/crime-in-the...[3] National Firearms Act[4] National Firearms Act - Wikipedia[5] U.S.C. Title 26 - INTERNAL REVENUE CODE
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