IN THE HOUSE OF REPRESENTATIVES OF THE STATE OF FIRESTONE
SEPTEMBER 29th, 2024
A BILL
to extend the rights of property owners to defend their property; to extend the rights property owners have on their property
SECTION 1.
a. This Act shall be known, and may be cited as, the “Private Property Defense Act”.
SECTION 2.
a. This act shall go into effect upon the completion of the contitutionally required processes.
SECTION 3.
a. Should any part of this Act be struck down and/or declared unenforceable, then that part shall be severed with the rest remaining in full force and effect unless all is struck down and/or declared unenforceable.
SECTION 4.
a. This Act shall be enforced by all law enforcement agencies, the National Guard, and the courts.
a. For the purposes of this act, “citizens” shall mean anyone other than law enforcement officers acting in an official capacity.
b. For the purposes of this act, “law enforcement” shall encompass any and all state actors with the power to arrest, as well as members of the National Guard, acting in an official capacity. The term ‘officer’ can also be used interchangeably with Law Enforcement for this bill.
c. For the purposes of this act, “property owners” shall mean the owner of a property as defined by the Bureau of Land Management while they are the premises of their claimed land. For government buildings, the property owner shall be the highest ranking executive official related to the use of the building.
d. For the purposes of this act, designees of property owners shall carry the same authority and prividges as the property owner as perscribed within this piece of legislation.
a. Chapter Four, §18 of the Firestone Criminal Code currently states, “Citizens and law enforcement officers lawfully engaged in a use of force pursuant to the Force Liability Defense Act shall have immunity to civil and criminal liability as an affirmative defense.”
b. Chapter Four, §18 of the Firestone Criminal Code will be amended to state, “Citizens and law enforcement officers lawfully engaged in a use of force pursuant to the Force Liability Defense Act and/or the Private Property Defense Act shall have immunity to civil and criminal liability as an affirmative defense.”
a. Property Owners and the designees thereof are permitted to regulate the driving taking place on the property and may permit abnormal conduct such as burnouts, and illegal parking. Such vehicles taking part in activities permitted by the property owner are exempt from receiving a citation from law enforcement for doing so.
b. Property Owners and the designees thereof are permitted to remove trespassed citizens from the property using non-lethal force.
c. Property Owners and the designees thereof are permitted to remove and trespass any citizen from their property for any period of time desired by the property owner.
d. Property Owners and the designees thereof reserve the right to restrict the possession of firearms within their property.
e. Property Owners and the designees thereof reserve the ability to create rules and regulations surrounding the activity on their property as long as they are not discriminatory on the basis of race, gender, nationality, or ethnicity.
f. Property Owners and the designees thereof reserve the ability to request Law Enforcement to leave their property when the officer has no lawful or justifiable reason to be on the property.
g. Property Owners and employees designated as security that are able to be visually identified as such are permitted to brandish firearms in a non-threatening manner as long as they do not pose a threat to public safety.
a. Law Enforcement reserves the right to limit access and/or overrule any permissions established in Chapter Three of this Act to privately owned property in the following circumstances:
- The officer has a reasonable belief that a threat to public safety has occurred, is occurring, or is about to occur.
- The officer is a member of ESU and is partaking in an active protection operation as defined by the Executive Security Unit Act 2022
- The officer has the authority to be on property given by other legislation in effect.
b. Law Enforcement reserves the ability to order Property Owners and the designees thereof to holster their firearms and/or any weapons they are brandishing to preserve public safety if the officer deems there is a reasonable threat that their weapons may be used negligently.
Chief Sponsor(s): Representative MattSixtyNin
Co-Sponsor(s):
Author(s): Representative MattSixtyNin