Petition Forms Now Available for California Right to Keep and Bear Arms Initiative

The Alliance for Civil Rights ^

[William Tell]

The "Right to Possess Firearms" initiative submitted by The Alliance for Civil Rights has received Title and Summary from the Attorney General of California. Petition form files are available here.

This Initiative Constitutional Amendment will prohibit government infringement of the right of Californians to keep and bear arms. The initiative is carefully crafted to instruct the courts to treat the right to keep and bear arms in the same protective fashion that currently applies to freedom of speech and freedom of the press.

The proposition reads as follows:

---

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.

---

Signatures must be gathered from approximately 800,000 registered voters in order to qualify the measure for a place on the November, 2006 general election ballot.

Organizers have now identified 70 volunteers whose contact information is listed on the volunteer's web site, rkba.members.sonic.net. The 29 counties with identified volunteers contain 91% of the state's population.

If you wish to become a listed volunteer, send your contact information ( county, name, phone, email, and/or address ) to Dave at rkba@sonic.net.

If there are already listed volunteers for your county, let them know that you are willing to help now to gather signatures and distribute petitions.

Critical counties without volunteers are San Luis Obispo and Ventura. If you know of pro-gun people living in those counties please let them know that their help is needed now to ensure that the petition drive gets off to the most successful start. The goal is to have petitions and petition packets available at most gun stores in California in the first several weeks of the petition drive.

[William Tell]

As indicated in yellow on the map below, activities have begun in 29 of the largest California counties to get the word out regarding the upcoming petition drive, to recruit volunteers to gather signatures, and to distribute petition forms. Those 29 counties contain 91% of the California population.

Seventy volunteers are listed on the unofficial web site for organizing volunteers, rkba.members.sonic.net.

The first month and a half of volunteer recruiting has resulted in a doubling of listed volunteers approximately every 12 days. Your name added to the list will ensure that this pace continues and that the petition drive is successful.

The map indicates in red and gray the counties where volunteers have yet to be identified.

Especially critical is the very populous Ventura County. San Luis Obispo County is also critical because volunteers are needed to gather signatures at an upcoming gun show on December 17th. Volunteers are requested to contact Dave at rkba@sonic.net to be added to the list. Only then can coordinated county level activities begin.

Volunteer if you can, no matter how limited your time or abilities, or pass the word to people you know in the critical counties. We cannot have too many volunteers.

If volunteers are already listed for your county, contact them now to offer whatever help you can.

[P8riot]

Best of luck from a displaced native Californian now living in the free Commonwealth of Virginia.

[Nachoman]

Am I the only one who finds it strange and sad you have to ask you state gov't to grant you a right enumerated by the Constitution?

From what I hear out of the clowns in Hollywood, the first amendment seems to be safe in CA.

[William Tell]

Here's a ping to many California Freepers.

The success so far indicates that you are getting the word out. Keep up the good work and volunteer if you can.

Contact the listed volunteers in your county to get a supply of petition forms so that you, your family, and your friends can sign.

[William Tell]

Here's a ping to many California Freepers.

The success so far indicates that you are getting the word out. Keep up the good work and volunteer if you can.

Contact the listed volunteers in your county to get a supply of petition forms so that you, your family, and your friends can sign.

[Snapping Turtle]

Can we do this with our members?

[William Tell]

Nachoman said: "Am I the only one who finds it strange and sad you have to ask your state gov't to grant you a right enumerated by the Constitution? "

The federal Ninth Circuit Court of Appeals (affectionately known as the "Ninth Circus") has ruled that the Second Amendment of the US Constitution is not an individual right. The US Supreme Court has refused to reverse them.

It is certainly strange and sad that we should have to ask our state government to grant us a right to keep and bear arms.

But the fact of the matter is that we aren't wasting our time asking the anti-gun legislature of California, or its RINO, gun-banning Governor, to grant us anything.

California's Constitution, like that of nine other states, includes the right of "Initiative". By this process, the people themselves can gather signatures for an amendment to their constitution and, if the required number of valid signatures are gathered, the amendment is put on the general ballot.

If a majority of California voters approve the amendment, then it becomes the law of the land. Approval of the legislature or the governor are not required.

[calcowgirl]

I rarely use the McClintock ping list for anything else, but I think he would approve ...

PING!

[calcowgirl]

Downloaded and signed. I'll see if I can fill it all up this week.

[William Tell]

calcowgirl said: "Downloaded and signed. I'll see if I can fill it all up this week."

Printed double-sided on 8.5" by 14" legal size paper?

Please keep in mind that only registered voters of the county named on the petition can sign.

There is a page of instructions for gathering signatures on the volunteers web site, rkba.members.sonic.net, which contains important instructions for circulating such petitions.

If, while gathering signatures, you should come across a particularly energetic signer, please suggest that they volunteer by contacting Dave at rkba@sonic.net.

Thanks for signing.

[Carry_Okie]

Am I the only one who finds it strange and sad you have to ask you state gov't to grant you a right enumerated by the Constitution?

The original Constitution limited only the Federal government in most instances. The Fourteenth Amendment incorporated some of the BOR, but the Second Amendment is still considered applicable only to the Feds while firearms regulation has been left to the States.

If you want to learn more about the Orwellian selective incorporation doctrine, consider this piece.

[calcowgirl]

>>Printed double-sided on 8.5" by 14" legal size paper?

Yep! I followed the instructions exactly (and got the right county). :-) I've been through this drill a couple times now.

I should be able to fill it up with friends and family. But if I happen across some eager helpers, I'll send them Dave's way!

[janetgreen]

Thanks for the ping!

[E.G.C.]

BTTT

[PsyOp]

Can the petition forms be downloaded online?

[PsyOp]

Found the place to download, but I cannot print them out in the specified format. Which of the volunteers can send me a petition form or two. I can probably gather a few names.

[PsyOp]

Let's try this again...

Found the place to download, but I cannot print them out in the specified format. Which of the volunteers can send me a petition form or two. I can probably gather a few names.

[William Tell]

Many large counties have volunteers listed on the volunteers web site. The quickest way to get a supply of petition, if you are unable to print them yourself, is to have a hard-working volunteer near you supply some to you.

You can also take the electronic file to a Kinkos or OfficeMax and they can make copies. They will want about 18 cents a copy, which is why we are recruiting people who can print and ship petitions at cost.

There is such a volunteer in Sacramento, Kirk Haley, who will print and ship at his cost, using his own printer. Kirk's email address is also on the volunteers list.

Let me know if you still need help. Also, there is no pre-determined commitment to being a listed volunteer. We are all just doing our best to get this measure on the ballot. If you can sign up, it will reduce the work others need to do by whatever help you can offer.

What county are you in?

[Czar]

"I rarely use the McClintock ping list for anything else, but I think he would approve ..."

He would indeed. Thanks.

[Czar]

"Printed double-sided on 8.5" by 14" legal size paper?"

Damn! My HP printer doesn't do anything but 8.5 x 11.

Will have to take other steps to get copies.

[PsyOp]

I'm in San Diego co. Escondido to be specific. I'll see if I can download the file and take it to Kinkos as suggested. I shold be able to get about a dozen signitures on my own.

BTW, do you have anyone going to the Del Mar gun show this weekend?

[OrangeBlossomSpecial]

What are the CA laws that pertain to carrying a concealed weapon? Are guns taxed every year like they do in NY?

[calcowgirl]

I got one of those fancy HP laser-thingies. LOL.

[William Tell]

Czar said: "My HP printer doesn't do anything but 8.5 x 11. "

Most such printers have a feed tray of some kind which is 8.5x11, but they also have a feed slot which is 8.5 inches wide. You may find that you can reconfigure the printer to print on 8.5x14 paper and "manual feed". The printer will then wait for you to insert the 8.5x14 paper before printing it.

For double sided printing, you wait until the first side is printed and then re-insert the paper with the other side up to print the second side.

You may have a printer that only printes 8.5x11, but it doesn't cost the manufacturer much to handle the situation as I have described, so they tend to include those capabilities.

[William Tell]

PsyOp said: "BTW, do you have anyone going to the Del Mar gun show this weekend?"

I'm not aware of such a show. Can you identify the promoter for me and verify the date? We would certainly want to have volunteers there.

Please post the information and email it to Dave at rkba@sonic.net.

[William Tell]

OrangeBlossomSpecial said: "What are the CA laws that pertain to carrying a concealed weapon? Are guns taxed every year like they do in NY?"

California has what is called a "may issue" concealed carry law. This allows the county sheriff or the city police chief to use his discretion in deciding whether a person has "good cause" to carry a concealed firearm.

The result is that about 4,306 people have "good cause" in Kern county (population 665,367) and only 10 permits in San Francisco County ( population 780,963). I got this information from www.packing.org, the California page.

And no, the anti-gun legislature has not yet tried to put an annual tax on firearms. This might be because California requires a two-thirds majority to enact new taxes, I think, and the Demoncrats lack such a super-majority.

[William Tell]

PsyOp said: "I should be able to get about a dozen signatures on my own. "

That's great. Don't hesitate to get enough petitions to push things to the next level. People who are willing to sign may know other people who are willing to sign. Provide them with a petition form. But make sure you get their signature first on your form.

Also ask whether your signers know of any good volunteer candidates.

[jnojr]

Yes, there will be forms at the Del Mar show!

I'm still working on organizing a schedule for volunteers. I'm planning on being there Saturday afternoon and at least some time on Sunday. I'm going to do my absolute best to have someone there Saturday AM. But even if our table is empty at any given point, there's a guy who has a table for CCW classes who will have petitions available.

[William Tell]

PsyOp said: "BTW, do you have anyone going to the Del Mar gun show this weekend?"

As jnojr points out, there will be volunteers there, but there is a need for somebody to work the table first thing in the morning on Saturday and Sunday may not be fully covered.

If you can volunteer a few hours during those periods, contact Dave at rkba@sonic.net.

[don asmussen]

The proposition reads as follows:

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.

Nachoman said: "Am I the only one who finds it strange and sad you have to ask your state gov't to grant you a right enumerated by the Constitution? "

Willam Tell replies:

The federal Ninth Circuit Court of Appeals (affectionately known as the "Ninth Circus") has ruled that the Second Amendment of the US Constitution is not an individual right. The US Supreme Court has refused to reverse them.
It is certainly strange and sad that we should have to ask our state government to grant us a right to keep and bear arms.

If a majority of California voters approve the amendment, then it becomes the law of the land. Approval of the legislature or the governor are not required.

Let's hope that this passes.. It would be a good start to reversing Ca's prohibitive 'laws' that infringe upon our 2nd Amendment rights.

Unfortunately, as it is worded, it seems to do nothing to prevent further legislative prohibitive 'regulations', or correcting the ones in effect.
--- Or am I missing something?

[PsyOp]

"I'm going to do my absolute best to have someone there Saturday AM."

I am planning to go to the show on Saturday. I would be happy to help out for awhile. I might even be able to fill the early slot for you. What time?

[William Tell]

don asmussen said: "Unfortunately, as it is worded, it seems to do nothing to prevent further legislative prohibitive 'regulations', or correcting the ones in effect."

The reason that so few regulations exist regarding the First Amendment is that the courts keep a watchful eye over such laws. If a person is charged with a crime for "lap dancing", for example, the courts have a responsibility to consider whether such a law is constitutional or not. Typically it is higher courts that do this, but lower courts probably do have this power and could, given that an amendment has been recently passed, take it into account.

"Strict scrutiny" is a difficult bar to meet. Existing laws will not be immune from review using this standard.

Also, the amendment spells out the power of the government to "regulate acquisition and possession" by "felons, minors, the mentally incompetent, and any person subject to restraining orders based upon their own violent conduct". For all others, the right shall not be infringed. One might argue that this amendment will not strike down every provision of every existing gun law in California. But it would not be reasonable to expect that existing gun laws will not be greatly affected.

I don't have a lot of information about it, but I believe that Wisconsin passed their own right to keep and bear arms amendment. Their courts are just now struggling with pre-existing laws. There is great impetus for the legislature to act now, in accord with the amendment, before the courts completely invalidate existing laws.

[William Tell]

Snapping Turtle said: "Can we do this with our members?"

From what I see on Rabid Dog's FR personal page, you may be referring to a Ventura County FreeRepublic chapter.

Most Freepers would, I think, want to sign the petition and get their friends and neighbors to sign. There is no pre-determined commitment for volunteers. We are all very busy, productive people and have lives of our own. Most of us just want the government to leave us alone.

From time to time, however, there is a need to become pro-active to preserve our rights. This is one of those times. Success depends upon those who can do "something", deciding not to do "nothing". Becoming a listed volunteer is just a way to make sure that people can begin a local effort to gather these signatures. There is no way to do all of this from one location in the state. Even if we had the money to pay signature gatherers, there would have to be some local presence to organize that.

A FreeRepublic Chapter would be a fine vehicle for getting the word out. If you find any good volunteer prospects, have them contact Dave at rkba@sonic.net.

A volunteer has just stepped up in San Luis Obispo County. He is going to gather signatures at the upcoming Paso Robles Gun Show. There may be people in Ventura County who could make it to that show to help.

[Czar]

"You may find that you can reconfigure the printer to print on 8.5x14 paper and "manual feed"."

I'll get some paper stock and give it a try. Thanks.