Do you have a right to keep and bear arms in California?

The Alliance For Civil Rights ^

[William Tell]

Do you have a right to keep and bear arms in California?

NOT ACCORDING TO THE ATTORNEY GENERAL FOR THE STATE OF CALIFORNIA…

QUOTE:    “…. If Plaintiffs ( gun owners ) are implying that a right to keep and bear arms is one of the rights recognized in the California Constitution’s declaration of rights THEY ARE SIMPLY WRONG. No mention is made in it of a right to keep and bear arms. “ ( Kasler v. Lockyer 2000 )

Amending the California Constitution is the best way to restore respect for the rights of law abiding gun owners. It will also undermine attempts by local jurisdictions to restrict your right to keep and bear arms. Candidates for political office will also find that this initiative represents one of the best issues upon which to base their campaign for office. ( Remember how Al Gore lost his own state of Tennessee in 2000? ) The Democrats have learned that hostility to gun rights can lose and election. We think supporting gun rights can win one. We need volunteers to put this issue directly to the voters. As a volunteer you will play a pivotal role in making this initiative a reality at the county level. Our goal is 850,000 signatures of registered voters in California and we can only achieve this with your help!

The Proposition:

The inalienable right to defend life and liberty as set forth in Article I, Section 1 of the California Constitution includes the fundamental right of each person to keep and bear arms for the defense of self, family and home. This right shall not be infringed.

1. All State government action regulating the right of law-abiding persons to acquire and possess arms for the defense of self, family and home shall be subject to strict scrutiny, in the same respect as the freedoms of speech and of the press. All county, city and local government action on this subject is preempted by state law and this Amendment.

2. This Amendment does not limit the State from regulating the acquisition and possession of arms by: felons, minors, the mentally incompetent, and any person subject to restraining orders based upon their own violent conduct.

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The Alliance for Civil Rights         1261 Lincoln Avenue          San Jose, CA         95125-3030         24 hour message line  (408) 496-9346

[Burf]

Me thinks the 2nd Amendment to the US Constitution is applicable as the 10th Amendment gives the states rights to all items not prescribed in the US Constitution.

[drypowder]

The Liberal wacko freaks that run CA don't give a damn about what the people in this state want. If the people vote in a state amendment for the RTK&BA, AG "Lock everybody up" will pull a Gray Davis and have a judge declare it as unconstitutional. Excuse my pessimism but unfortunately I live in KALIFORNIA.

[fish hawk]

And don't forget the 9th Circuit is the most overturned court in the land. They are not God.

[vger]

The red star is for "Remember the Alamo".

And you remember what they said about gun control.

[William Tell]

TheOracleAtLilac said: "You really wanna bother w/ this considering we're under the 9th Circuit"

The Ninth Circuit is responsible for the purposeful misinterpretation of the Second Amendment as a so-called "collective right". It is mostly on the basis of this reading that there is no right to keep and bear arms recognized for Californians.

This petition drive is to amend the California Constitution to add language which explicitly rules out any such "collective" interpretation. The only way that the Ninth Circuit could get involved is if they grant an appeal based on some claim that there is a federal power to disarm. This hasn't happened in any other state so I don't think there is much concern about that.

[William Tell]

69ConvertibleFirebird said: "Some day we may be as fortunate as Iraq to have a Constitution to live under."

I think I have heard it said, "If the Iraqis need a Constitution, we should give them ours. We're not using it."

[cbkaty]

You have the RIGHT to keep and bear arms anywhere in the United States. However, Tyrants within many states, and within the federal government, might send their Thugs to arrest or kill you if you exercise that right.

Those that enforce law must be guided by a leader that knows the law...

The devastation to our constitution begins with ignorant bastards like the Police Chief of New Orleans.... obviously he never attended a civics or basic high school government class...or read the constitution.

[Blood of Tyrants]

Strangely enough, a 9th Circus judge ruled that the 1986 MG ban did not apply to a man who had built his own because it did not come under the catch-all "interstate commerce" clause. After that ruling, several people in other states applied through the ATF to be allowed to build their own. I think that the ATF denied that request so now they are suing to get the same ruling as the 9th Circus.

[RightOnTheLeftCoast]

"No mention is made in it of a right to keep and bear arms."

Fortunately, rights do not come from the Constitution, or the government.

[SF Republican]

The star imitated the lone star of Texas.

[William Tell]

cbkaty said: "... obviously he never attended a civics or basic high school government class."

Or he may have attended a civics class in Kalifornia.

When my youngest daughter heard the teacher spout the "collective" rights nonsense, she was prepared with many arguments showing the falsehood of the claim. The class came away from that lecture convinced of the individual rights nature of the Second Amendment despite the attempted brain-washing by a liberal teacher.

[TheOracleAtLilac]

I sympathize w/ your position..

....but I also remember the handling of Prop 187 & suspect "they'd" try to do the same

Call me a cynic, but if our 2nd amendment rights are ever in real danger, it'll have been too late for those who would try to deprive us of same.

[Thrusher]

This is the reason that I do not own any registered bears.

I strongly oppose the registration of bears. You start registering bears, and next thing you know, they'll be voting Democrat in every election.

[cbkaty]

When my youngest daughter heard the teacher spout the "collective" rights nonsense, she was prepared with many arguments showing the falsehood of the claim.

Good for you! Your daughter has a real teacher where it counts.

[Sterco]

Democrats vote dead people and illegal immigrants .... illegal bears? I have to reserve judgement.

[Sterco]

You will get my Bear's gun when you pry it from his dead and dieing paws!!!

[68-69TonkinGulfYachtClub]

Text of the Second Amendment
"A well regulated Militia
being necessary to the security of a free State,
the right of the people to keep and bear Arms shall not be infringed."

Anyone who actually reads AND understands the 2nd Amendment will see that there is no need or authority for any type of gun registration and there is no need for anyone to have to apply for a license to carry a gun.
Any political party, politician, judge (etc), organization or individual who trys to convince you that:
1) you must register a firearm
2) you must pass a background check
3) you must wait (x) amount of days before you can get your firearm
4) you need to have a license to carry a gun
is either uneducated about OUR rights as citizens
OR is actively working to undermine OUR country.

How Did the Founders Understand the Second Amendment?

CONGRESS in 1866, 1941 and 1986 REAFFIRMS THE SECOND AMENDMENT
The Bill of Rights, including the Second Amendment right to keep and bear firearms,
originated in the United States Congress in 1789 before being ratified by the States.
On three occasions since then--in 1866, 1941, and 1986--
Congress enacted statutes to reaffirm this guarantee of personal freedom
and to adopt specific safeguards to enforce it.

ON THE DAY BEFORE Thanksgiving 1993,
the 103d US Congress brought forth a constitutional turkey.
The 103d Congress decided that the Second Amendment did not mean what it said
("...shall not be infringed") and passed the Brady bill.
How the Brady Bill Passed (and subsequently - "Instant Check")
When the Brady Bill was passed into law on November 24, 1993,
the Senate voted on the Conference Report
and passed the Brady Bill by UNANIMOUS CONSENT.

[Sterco]

And that is why I do not own any registered Turkeys either.

[calcowgirl]

BUMP!

[William Tell]

Here's a bump to many California Freepers.

If you can become a volunteer in your California county, contact Dave at rkba@sonic.net.

Even if you don't wish to be a volunteer yourself, read the information describing "The First Day List" on the unofficial web page, rkba.members.sonic.net.

Creating your own First Day List will spread the word regarding the upcoming petition drive and help to identify additional volunteers.