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If you had the power of the pen, what would you change about gun control?

Before I answer many questions I first tell the reader what the original question was in case the question is altered or merged with another. This time I'm going to do something a little different by rephrasing the question just a little and then answering the rephrased question:“If you had the constituency to support, and the votes to enact legislation regarding gun control, what would you change?”I would start with Federal Preemption. No firearm law passed by the states would be valid.Next, all firearm licenses issued from any of the many states would be valid in every other state, just like a driver's license. In addition, a Federal Concealed Carry license program would be instituted to replace state programs and would be valid everywhere in the US and it's territories. All such licenses would permit interstate transport of arms as well without any kind of limitation. Note that this has nothing to do with transfers, those shall be covered in a later paragraph.Third, gun free zones would be illegal for all buildings with public access except for courthouses, Federal buildings, and office buildings in which a judge, state, or Federal congressperson, governor, or president has a permanent office. Private property that does not have a reasonable expectation of public access may still declare their facility a gun free zone. However, ALL, gun free zones would be required to provide for the safety of the public with a reasonable number of certified armed guards or law enforcement officers based on square footage of the GFZ and/or expected occupancy of the building.Taking the place of gun free zones would be “Concealed Carry Only” zones, where citizens can carry a pistol so long as it is reasonably hidden from view of the general public.Areas of an otherwise not “gun free” building that must be declared gun free because the discharge of a firearm in that area could result in severe catastrophe, or when components of a firearm might react with environmental hazards, such as nuclear, explosive, highly flammable, toxic inhalants, or biological agents might be released must have secure storage lockers located as closely as reasonably possible for employees and/or guests to secure firearm before entering the gun free zone.Private, individual residences could still be declared gun free zones by the primary resident with the final word on the matter being that of the actual resident first and foremost. If the mortgage or primary lease is held by someone other than the primary resident, then the word of the lease or mortgage is secondary to that of the primary resident. Buildings which house multiple families, for example an apartment complex, the actual individual residents in each unit have the final say on firearms in their own dwelling.People convicted of violent crimes, robbery, have a history of spousal abuse, and are adjudicated mentally insane (by a court of law with adequate in person defense) would be barred from owning and bearing firearms. A background check would be required to establish fitness to purchase. Any infringement on the right to keep and bear arms must be done through the courts, with adequate in person legal defense. It would be illegal to hold proceedings in which a person’s right to defend themselves was determined without their prior knowledge and without sufficient in-person defense. Determinations could only be made in a court of law, based on solid, provable, factual evidence. Property seized as a result of the loss of these rights would be dipped in cosmoline and entered into deep storage charged to the state. The person that has lost their rights may opt to have their property auctioned off by the state and receive 80% of the proceeds of the sale. They may also delegate a family member that currently holds a CCW permit to take possession of those arms as long as the designated family member does not live at the same address.Any person that lost their right to keep or bear arms without the above standard being met, as in those that have fallen prey to current “Red Flag Laws” would be entitled to immediate appeal, within 30 days of the passage of my law, with all costs, fees, penalties, taxes, and all other financial obligations including legal fees for the defendants falling on the state government that stripped the person's rights to begin with. Failure of the states to hear each case within the 30 day time frame would result in the defendant's right's automatically reinstated until the state could put together a case for removing them. Any property seized as a result of these Red Flag Laws would need to be returned within 5 calendar days to the person upon the return of their gun rights, and those owners would need to be compensated from the state for all damages to those firearms.Schools would be required, starting in the third grade, to teach comprehensive firearm safety catered to the students' level of understanding. Upon reaching the 7th grade a practical element would be required using at a minimum, non-firing mock-ups of weapons of the proper size, weight, and internal functions to familiarize students with the weight and feel of a real firearm along with teaching them how to recognize and properly engage/disengage overt safety features of various popular models.Castle doctine and Stand Your Ground laws would be Federal and clarified to prevent overzealous DA's from attempting to pursue convictions that are clearly self-defense. Pursuits of a conviction not to be found in good faith would carry the same punishment for the entire prosecuting team as the defendant would have served if found guilty. Deadly force would be justifiable under the law in these cases:Home invasion. A person that forces entry into your home, not under the color of authority holding a proper warrant to enter is declared a home invader and all levels of force up to and including deadly force is authorized to repel the invader regardless of whether that person is overtly armed or not. Citizens would be legally protected from both criminal prosecution and civil lawsuits that result from any self-defense action that takes places inside the dwelling of the defender. This would extend to no-knock raids in which LE officers holding otherwise proper legal paperwork enter the wrong building. Entering the wrong building is the same as being there without proper legal standing so they are not afforded the legal protections of the badge. This might incentivize departments to get things right the first time, and to check, double-check, and recheck before they enter a building.Lethal force is authorized in self-defense in cases where a person perceives a threat of severe bodily harm or death to themselves or another from a person acting with malicious intent. An exception to this rule would be when the person using force in self-defense provoked the incident or when law enforcement officers are responding to an altercation.Basically every other firearm law on the books would be repealed including the NFA of 1934. If I think of others I will add them to this list, but at the moment, this seems like a good place to start with gun control.

How do I negotiate a mortgage rate reduction after bankruptcy?

How do I negotiate a mortgage rate reduction after bankruptcy?The only way for a mortgage renegotiation is via a loan modification. To begin a loan modification, see a HUD Certified Housing Counselor before you do anything else. To find such search the Department of Housing and Urban Development.From a practical standpoint you need to refinance. To refinance following a Chapter 7 bankruptcy, you need to wait 2 years from the date of discharge for a FHA, VA or USDA (rural) mortgage. For a conventional-conforming mortgage, 4 years from the discharge of a Chapter 7 must occur unless in either case you can document extenuating circumstances.In the event you can demonstrate and document extenuating circumstances, you still have a mandatory 1 year time out with FHA, VA or USDA mortgages and 3 years for a conventional-conforming mortgage.Neither the lender or servicer have any incentive to renegotiate your Promissory Note or Trust Deed. In fact, they may not have the authority, depending on the servicing contract in the event it is securitized (was sold into the secondary market - Fannie Mae, Freddie Mac or possibly Ginnie Mae).If you are referencing a Chapter 13 bankruptcy (3–5 year payment plan to the bankruptcy trustee), the rules are different. Given you did not mention Chapter 13, I am making the assumption you are referencing a Chapter 7.

If I'm declaring bankruptcy due to credit card debt, could I still make big purchases using whatever credit I have left?

Firstly you do not treat Bankruptcy lightly, it is not an “easy way out” as it has ramifications further down the line. People see it s a way of avoiding debts but that is far from the truth.As soon as you file for your own Bankruptcy (voluntary not compulsory) you have made a Statement in Court that you are unable to pay your debts as they fall due. Automatically all your money, both assets at bank including Shares cash saving and other forms of assets are frozen. That would include your house if you owned in part by way of mortgage and had money over (Equity). A property under “Forced Sale”(repossession) fetches a lower amount of money on the open market, mainly because it needs to be sold quickly.All accounts bearing your name are blocked and you are required to file to Court a list of all your Creditors (people you owe money to) along with the amounts due; along with a list of assets, as mentioned above.Assets are written down in the right hand of the page with the narration value That would include the value of the propertyLiabilities are written down on the left had side again with narration & value, again that would include the amount of money due against the property (whether a legal Charge or Mortgage).You add the two columns up and if you are indeed Bankrupt (note insolvency is slightly different) then your debts will exceed your assets; usually that is quite significant, particularly if there is going to be a shortfall on the houseYou may well have some lines of Credit which have more money available e,g, a Credit Card, an if you have not applied for Bankruptcy you may be able to do a balance transfer in to your current account (cheque book) and pay off the debts which are causing a problem and Creditors pursuing you. However that is a VERY expensive move.However in reality all you are doing is changing the balance of one account, from one to another, but your overall debt remains the same, irrespective if you take out the additional funds- actually you are making matters worse.So on paper you are bankrupt, that is to say you owe more money to Creditors than you have saved in any form to settle them. Now this brings me to the point I made at the beginning about Insolvency and Bankruptcy.In the case of insolvency, although your liabilities exceed your assets, you may have a stream of income; say a salary /wages or income from investments.Depending on the level of that income if it exceeds the amount of money which you pay out then you may be technically bankrupt, but you are not insolvent.To be insolvent means that you cannot pay your debts as they fall due. So providing you have enough income even to make a reduced payment as agree with your Creditors then you are indeed able to pay the instalments or debts as they fall due. To that end you are technically solvent.The twist comes if one of your Creditors that they no longer want to stay in the informal agreements, and can demand the money immediately in full. This is particularly true of an over-draft with a bank, which if “called in” has to be paid in 24 hours; although the accepted period is 7 days.They can go down two routes, the more pleasant (if there is such a thing) is that they get Judgement Order for you to pay the money in instalments, secure that (take the equivalent of a second mortgage) against a fixed asset such as a property.The other less pleasant route is that they can “Petition” for your Bankruptcy. That is a far more serious matter and has to be dealt with immediately. In short a petition is brought (rather like a Summons) and is a demand for immediate payment. In the context of (English) Insolvency Law ( The Scots and Irish have their own systems) more than one person can be named as the petitioner. What is known in the English Legal systems as a joint and several petition; if it is more that 15 it is know as a “Class Action”.The significance is with a sole name petitioner you have to clear just them to prevent the Bankruptcy from proceeding to your assets being taken control of by the Court appointed “Insolvency Practitioner ”. If you an clear them in one go, then the Petition is “Satisfied”.In the case of a Class Action, ALL the co-petitioners have to be satisfied to prevent the petition to be “executed” (not as dangerous as it sounds -:) ). However it does mean that the control of all your accounts is taken away from you, closed by the bank(s) and handed to the Official Receiver, who in turn appoint the Practitioner to investigate the cause, and hopefully come to an arrangement with the Creditors. If not they then become Liquidators.That now means that the entire Estate is sold and the money placed in to a central “pot” and the Creditor paid out usually on a pro-rata basis. asset-v- debt due as a ratio. In the case of secured Creditors they HAVE to be paid in full on the Liquidation, as they are “preferential”. If you owe money to the likes of tax authorities or similar Government operations, they are “pre-preferential” and get paid before the secured/preferential Creditors.If there are still amounts outstanding, after the pro-rata paymnets have been made (and there usually is) you are declared bankrupt. That will mean that:You cannot hold a bank account with any form of overdraft.Usually in the case of 1. you will not be allowed a cheque book, these days a debit card; may be an ATM card with a “Strict Limit” if you are lucky.You cannot work in any area of the Judicial system or in local authorities.Obviously you cannot work for a bank or any form of investment organisation.You cannot be a Director of a company, nor Partner of a partnership.You cannot be an: Accountant, Solicitor, Member of Parliament, any of the Emergency Services (including ambulance), Customs Officer or a senior armed forced member i.e. corporal or above.If you are a Doctor or a senior Nurse, you are automatically “struck off” (The rational behind that is so you do not murder anyone to steal their money to pay off your debt).You cannot have an account where you owe more than £100; that is to cover issues like food and basic needs as heat, light and water. These days most utilities will not give you a credit account but a “pay as you go” type meter, rather like the coin-slot machines you had in the late 19th early 20th Centuaries, however these are the electronic equivalent. So to a large extent extinct.So in short if you are declared bankrupt all lines of Credit, whether utilised in full or not a stopped and you cannot access them.As you can see from 1–8 above, the implications of being made Bankrupt are very far reaching and unless you later come up with the money to discharge the Order, then that stays in place for 10 years, when you are automatically discharged. The Creditors in the previous bankruptcy can not re-file their claim.You do not declare Bankruptcy for the fun of it. There are people who get around the issues, the favourite being opening lots of companies and swapping one debt to another company but they are not declared as “group accounts”. The other trick is to have you name deleted (resigned) from the list of Directors and appoint another person(s) to be the Director on you behalf (often known as Ghost Directors or Puppet Directors) but you are actually telling them how to run the company.I am actually dealing with such a case at the moment where the true owner is using his son as a “front man”, but when the company does well takes his son out of the list of Directors and pays himself the profits leaving his son out of it.There is a further twist in so far a s like above, he has lots of little companies which are dormant or semi-dormant and have no assets other than their issued capital and therefore not worth pursuing. Usually that type of underhand operation works on a cash only basis and effectively the money “stuffed under the mattress”; so actually trying to recover the money can be difficult.In the case where there is plant an machinery on site, the chances are that they are all on lease so the debtor has not legal “Interest” in them as effectively they do not belong to him, but the leasing house.So be careful how you tread since if it is seen that you are using these underhand forms of operation and frankly outright fraud, you can easily find yourself out of Civil Court but in Criminal Court on charges of fraud and false accounting, to mention two.

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