Posted on 05/04/2002 9:19:51 AM PDT by mvpel
California is in trouble.
The ideals embodied in the Second Amendment can no longer be entrusted to business as ususal. We now know that traditional partisan politics in this state is no longer effective for protecting the right to keep and bear arms. We can no longer afford to keep begging our politicians for relief from irrational gun control.
The problem with lobbying politicians on gun control issues, is that the feedback mechanism is defective. Gun rights victories are counted by the laws we keep off the books. We are successful only when we succeed in keeping what is rightfully ours in the first place. Stopping a thief from taking your property does not enrich you. The effort to stop him is - ironically - a net loss.
In 1999, the Governor of California - Gray Davis - signed into law the most comprehensive gun laws in the nation. He is proud of this accomplishment. But being a political animal with aspirations for re-election, he warned the legislature in 2001 to send him no more gun control bills. They couldn't help themselves, they still sent the governor more bad gun control bills. Apparently unable to help himself either, he signed them into law.
There is now a feeding frenzy in Sacramento by politicians in both parties to outlegislate each other on gun control. A law that would impose a 1000% tax on some of the most popular calibers of ammunition is seriously being considered by our legislature.
Gun Control politicians in both parties dominate the houses of our State's legislature, and will continue to do so for the foreseeable future. If it ever was effective, it is now clear that lobbying politicians has become useless. it is a spent weapon. It is time to change the strategy of Second Amendment advocacy in California.
What Should We Do ?
We must take direct legislative action. We must amend the California Constitution. The following is a proposal to accomplish that.
RIGHT TO KEEP AND BEAR ARMS INITIATIVE CONSTITUTIONAL AMENDMENT
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.
Bill Lockyer, the Attorney General of California [and himself no friend of gun owners] prepared a legal description of what the initiative will accomplish if passed by the voters:
Amends the California Constitution to state Article I, Section 1 includes the right to keep and bear arms in defense of self, family and home. All state regulation of the right to keep and bear arms will be subject to strict scrutiny review. The Amendment and state law preempts all county, city and local government action on this subject. The Amendment does not limit the State from regulating the acquisition and possession of arms by felons, minors, the mentally incompetent, and persons subject to restraining orders based on their own violent conduct. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: This measure would result in unknown, potential costs to the state and unknown net fiscal effects on local governments.
The Legislative Analyst for the California Joint Legislative Budget Committee made these additional comments about the legal effects of the initiative:
...local jurisdictions would not be able to limit who obtains concealed weapons permits unless the applicant does not meet federal or state criteria. In addition, individuals could no longer be arrested and tried for simple possession of a weapon, unless other circumstances existed. Currently, these types of arrests are misdemeanor offenses where the individual is generally cited and released.
...[t]he measure also amends the State Constitution to require the application of a "strict scrutiny" test in judicial review of state actions that restrict individual rights to acquire and possess firearms. The strict scrutiny test presumes the challenged regulatory action to be invalid and the burden of proof is on state and local governments to show that the law serves a compelling public interest. [emphasis added]
...[s]avings could result from the potential reduction in crime resulting from a larger number of citizens possessing firearms for self-defense.
This initiative will not only stop the insanity, but it will restore the right to keep and bear arms for law-abiding citizens in California.
What Has Already Happened?
As of the date of this letter, an amendment to the California Constitution requires over 680,000 signatures to qualify for ballot access. This number is based upon the total number of voters who voted in the most recent governor.s race. A new number will be established by law after the contest in November 2002.
Twice, with no money and no support from gun rights groups, an attempt was made to gather sufficient signatures to qualify this initiative for the state-wide ballot. Twice, we have failed. And since by law, we are not permitted to use the signatures gathered to construct a database, each effort must start from scratch. But this time, we are better organized and more determined than ever.
We have formed The Thermopylae Group a California non-profit organization with two principal goals: (1) educating people about their constitutional rights, including the .right to keep and bear arms,. and (2) advocacy, through the legislative/initiative process, for the restoration and preservation of these important rights. The Greek Hoplite and American Minuteman are our symbols. They are historical examples of how outnumbered patriots made crucial differences in the legacy of preserving freedom. The organization is taking steps to acquire favorable tax status. We are making long range plans and building momentum for 2004.
What Still Needs to Be Done ?
First and foremost, we need to have volunteers - in the thousands - standing ready to gather signatures when title and summary are issued again in 2003. Based upon the election code, we should be submitting our petitions to county registrar of voters on or before February 20, 2004. Backing up the 150 days allowed for gathering signatures, we must have our organization in place and ready to roll by September 1, 2003. We expect to submit title and summary to the Secretary of State in July, 2003.
We should set our goal at 1 Million signatures. If we have 5000 volunteers, then each volunteer needs to gather only 200 signatures of registered voters in his/her county. Assuming we can get on the ballot with little or no cost. We still need to raise money for the campaign during the election cycle. We will also need funds to pay for an office and staff to coordinate the petition process and the campaign.
You should consider contacting any civil rights organizations you belong to and enlist their support. By way of example: With over 200,000 NRA members in California who get a monthly subscription to American Rifleman, American Hunter, and/or America's First Freedom magazines, it would be a simple matter to fold a petition into each magazine headed for California with instructions for gathering more signatures and returning the petitions to a central mail-drop. So far the National Rifle Association, and other gun rights groups, have declined the invitation to become involved in this effort. We respect their decision and applaud the good work they have already done. But we would welcome the opportunity to form a partnership with them for the sole purpose of passing this initiative.
You can use this web-site to read about the progress of the initiative and find out how you can help. You can see the documents from the Secretary of State, the Attorney General's Office and the Legislative Budget Committee from the prior two (2) efforts.
Conclusion
Sunshine patriots won't get the job done. This will require hard work, intestinal fortitude and a willingness to make commitments that will steal time away from activities and projects that all of us would rather be working on.
Remember, stopping the thief is a net loss, but it is the price we must pay to defend and preserve what is rightfully ours. There are only two other alternatives: (1) move away and abandon the home with whatever valuables you have left, or (2) stay in a home with inadequate locks and let the thieves continue taking what they want until you are left with nothing.
[signed]
Donald E. J. Kilmer, Jr.
Attorney at Law and Board Member
The Thermopylae Group
He feels that if we are defeated in California, it will become a millstone around the neck of any future gun rights efforts in the state.
If Wisconsin finally passes the CCW law over the objection of their Senate President, I fully expect Wisconsim crime statistics to fall, The Wisconsin Senate President to be voted out and Chicago's crime to rise.
Then the author presents a document to do just that. I agree that lobbying efforts are a waste of time. I'm just waiting for it to get bad enough for the alternative.
"Judgement day is coming, and that right soon."
Because the NRA doesn't do "enough".
They don't want to get on a list.
The NRA is extremist.
They can't "afford it".
The government just wants reasonable gun control
No one asked me to join.
My Union supports the democrat party.
Heston wants to ban AK's so why should I join?
I don't need to join, we have the Second Amendment.
The NRA never sent my NRA cap so I never re-joined.
The government isn't interested in banning my gun.
I quit because they were always asking for money.
I don't like the magazine.
They didn't do anything back in 1934.
THERE IS ALWAYS MORE EXCUSES TO DO NOTHING THAN THERE ARE EXCUSES TO DO SOMETHING.
It looks like Geoff and KSFO are back in game. Geoff has a show again on Sundays and links to this amendment related website.
Very true, we tried to get a bill passed in Arizona to give retired law enforcement the right to carry concealed, without having to get a permit. The Department of Public Safety, the issuing authority, and collection agency for CCW permits, provided the only testimony against it in the House, they were persistant enough that the bill went nowhere. It was very obvious that it was all about money.
Wisconsin: The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose. Art. I, § 25 (enacted 1998).
You should be able to sue the state for infringing on your rights just like the people in Ohio did.
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