California RKBA

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Lonnie, one of the main aims of this approach is to kill may issue ccw so I'm not adding that clause to the amendment.

That's going to be the real problem. Look, as a policy statement, I don't like the idea of may-issue CCW. Hell, I don't even like the idea of concealed permitting, but do I view concealed carry as a constitutional right? Remember, "bearing" does not mean open carry, not insofar as Heller and similar state analogues.

Over at Calguns.net you'll see a lot of threads of legal planning in regards to CCW. Read the Heller decision as many times as you can.

We'll get shall-issue CCW, but not through the Legislature. We'll get it via striking down PC12031 and PC626.9 and forcing loaded open carry, which will mean the sheriffs will start issuing licenses more freely, or deal with the wrath of anti-gun voters who don't want to see guns openly carried so much, who won't be able to scream to the legislature and tell them to ban open carry ever again.

When we get solid legal victories which declares that California can't just ban "Assault weapons", "high capacity magazines", and so on by the Federal Courts, or even if we don't, then we should entertain a California Constitutional amendment. Not before.

UPDATE/EDIT: Btw, you might be wondering why I'm giving so much advice on a California issue. Several reasons:

1) I live two states north of you, and I was 5 miles away from being a California native where I was born.

2) I have literally dozens of associates and friends in the State of California, and visit them on a yearly basis.

3) I taking the lead, and others here in Washington, turned around this state in terms of dealing with police agencies and local governments in terms of open carry up here.
 
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(BTW, Oregon seems to have RKBA in theirs and some bright folks tell me that theirs really isn't that great, its force is way way diminished to what's essentially a right to musketry - and that Oregon's general progun stance is still just due to the shape of the voter base.)

That's not true. There was an appellate court decision that was decided in 1992 that made that statement of freezing RKBA to guns as kind available from 1859. Of course, keep in mind that this Court of Appeals was basically made up of jurisdiction being Multnomah County only (all other court of appeals have wide swaths of territory, but Multnomah has it's own appeals court jurisdiction) A later state Supreme Court decision from the 2004 overruled that by implication.

See:

http://org.law.rutgers.edu/publications/lawjournal/37_4_Comments/Rome.pdf

http://www.publications.ojd.state.or.us/A109091.htm
 
Hey Lonnie,

I'm a little confused on whether we are agreeing here or not :)

My position is that you should be able to carry open or concealed, loaded or unloaded, or none of the above at your choice without needing anyone's permission or license.

As a notion of etiquette, I make an econometric observation that if you carry openly you increase the risk of everyone around you to being attacked by the bad guy cos he's not going to tackle you!

So if people start carrying openly I have to start carrying openly to level the playing field.

Contrarily, if some small percentage of people carry concealed, or even if they don't but the law says they can, then everyone, whether they carry or not, is made safer because the bad guy doesn't know who is or who isn't so he backs off, maybe finds another way of making money which isn't so risky to him.

So, my position is that no a priori restrictions/licensing etc on people carrying concealed as the public law position makes us all safer and should be desired by even soccer mums who would never carry. If we can educate the nongunny public to this argument I think we could get a positive view of guns adopted by a wider group.

But I'm not going to pass a law which says you shouldn't carry open, I'd just have a lower opinion of someone who does as being rude and uncaring of their neighbors and community (in my ideal community where civic minded people occassionally carry just to keep the bad guys guessing:))

Now, I think what your saying is that long term you have no problem with my position, it may even be yours but for short term tactical reasons, you want CCW to be continued to be perceived by the wider public as somehow "unwholesome" something to be restricted and licensed, however liberally, and you'll get people to begrudgingly accept that CCW stance because you push a totally unacceptable open carry right in their faces by means of court cases. Did I get that right? It doesn't seem right but I couldn't read your post any other way. Help me out here, I'm not trying to be offensive.

Now I know other gunnies who also have a view of CCW, that its not honorable, that good, true, men shouldn't do it, that everyone being armed is the way to go. Is that your position?

The other approach I'm aware of is that open unloaded carry being legal in many places if enough people do it, people get more comfortable with guns and over time we can proceed to free choice of open/concealed, loaded/unloaded, gun/no gun, live and let live, dogs and cats living together, etc. Is that where you are coming from?

I'm not asking to be confrontational, I'm trying to understand the mix of views out there because we need to build a coalition to get numbers. If your going to vote down my proposal which you 90% support but you have a position on the other 10% then I need to know how to address that.

I don't see how I can convince large numbers of people with no exposure or experience with guns to see their presence in society as a net good with arguments which smell to them as tactical moves to secure narrow interests. Open carry per se I don't see them buying, open carry as a ruse to get CCW will make them feel abused/tricked. An argument that a CCW permissive law in and of itself, without them changing their habits or ownership of guns makes them safer could fly. I'm not saying its an easy argument, it requires logic and the ability to see the obvious and the non-obvious and weigh both, etc.

Cheers
Phil
 
I'm assuming your trying to say I need 50.1% ie a majority of eligible voters?
No, exactly as you say, and just as I said
You (or anyone) need to get an additional 20.1% of those voting in the election you select to go along with you.
50.1 (or 50.01 or whatever more than half number you like) of those voting in the election.

And no, I did not mean that you needed the 'Indian Gaming' initiative marketing to get on the ballot, you need to get that level of effort to get people to vote for it.

Finally, the only group I need to sell it to is gun owners and friends and family of same. I don't need unions or corporations.
Good luck with that, partner. That alone shows you have no real idea how to do this.

It's not a personal attack. You're not functioning inside the realm of California politics. 30% is the HIGH estimate for households with guns. Expecting all of them to support the effort is just not real. And those people will NEVER be 50.01% of the votes cast - you MUST market this to the general population, probably with narrowly tailored campaigns for individual population groups.

Here's an example. Pick Compton - there are nice law-abiding people there, who have never seen a gun except in the hands of a cop (whom they, rationally, have learned not to trust) and a gang member (whom they rationally fear). How do you convince those people to support RKBA?

Pick the entire LA area: the TV stations and the newspapers only portray guns in the hands of cops and criminals. If your entire exposure to guns is the images given you by the anti-gun media, you're not going to be persuaded the RKBA is a good idea with logic. What's your plan to overcome years of misinformation and deliberate opinion-shaping? How do you get your message to those voters?

Look at the Secretary of State's site for campaign finance here. Props 94-97, the gaming initiatives, were supported by 33 million dollars and opposed by 29 million dollars, for a 55.4% to 44.6% win for the props, with ~8.6 million total votes for each proposition.

Where are you going to get 33 million dollars? Indian gaming was easy - it was pretty clearly a fight between two separate business interests, and the public didn't really care.
 
Hey Lonnie,

I'm a little confused on whether we are agreeing here or not

My position is that you should be able to carry open or concealed, loaded or unloaded, or none of the above at your choice without needing anyone's permission or license.

That's my personal policy choice. I'm a supporter of Alaska-style concealed carry and "gold star" open carry.

As a notion of etiquette, I make an econometric observation that if you carry openly you increase the risk of everyone around you to being attacked by the bad guy cos he's not going to tackle you!

I don't agree with that statement. I might also add that I myself have a Washington State CPL and licenses from several states.

So if people start carrying openly I have to start carrying openly to level the playing field.

There's nothing that says that you HAVE to open carry. You're putting the choice on me, the open carrier, to make me responsible for someone's criminal acts against others.

Contrarily, if some small percentage of people carry concealed, or even if they don't but the law says they can, then everyone, whether they carry or not, is made safer because the bad guy doesn't know who is or who isn't so he backs off, maybe finds another way of making money which isn't so risky to him.

Well, again, concealed carry only doesn't really do that. Criminals are generally stupid, and unless a state passes a shall-issue law with a TREMENDOUS amount of media attention, such as Florida back in 1987, there isn't a huge drop in crime.

So, my position is that no a priori restrictions/licensing etc on people carrying concealed as the public law position makes us all safer and should be desired by even soccer mums who would never carry. If we can educate the nongunny public to this argument I think we could get a positive view of guns adopted by a wider group.

Well, that's the issue, though. It's hard to strike up conversation with a concealed carrier because you generally won't know. Because of my open carrying, I was able to convince dozens of people to apply for their carry permits, some of them from California who moved up here and who didn't even realize that it was legal to carry at all up here (it just wasn't in their experience).

But I'm not going to pass a law which says you shouldn't carry open, I'd just have a lower opinion of someone who does as being rude and uncaring of their neighbors and community (in my ideal community where civic minded people occassionally carry just to keep the bad guys guessing)

You see, my reasons for open carry in Washington would be different from my reasons for open carry down in California. Different situations, different rules. As a Washington resident, I cannot apply for a license in ANY county at all in California, even though I visit frequently.

Now, I think what your saying is that long term you have no problem with my position, it may even be yours but for short term tactical reasons, you want CCW to be continued to be perceived by the wider public as somehow "unwholesome" something to be restricted and licensed, however liberally, and you'll get people to begrudgingly accept that CCW stance because you push a totally unacceptable open carry right in their faces by means of court cases. Did I get that right? It doesn't seem right but I couldn't read your post any other way. Help me out here, I'm not trying to be offensive.

Look, I'm not the one who put in about 200 years of constitutional law on carry. It was the state and federal courts that did that. They were the ones that viewed "bearing arms" as open carry.

Insofar as CCW, I don't want CCW generally to be considered unwholesome. I want may-issue concealed carry, with the racial discrimination issues and equal protection violations, to be considered unwholesome.

Now I know other gunnies who also have a view of CCW, that its not honorable, that good, true, men shouldn't do it, that everyone being armed is the way to go. Is that your position?

Again, I'm not the one that put in the 200 years of court cases that declared it so. Now, just to turn a phrase, I've had a LOT, and I mean, a lot of the "concealed carry only" crowd repeatedly disparage me, the open carry community, and so on, saying that what WE were doing was completely unwholesome, and so on. The biggest believers I've seen of that mindset was in California, especially centered around Orange County.

Go figure that I hear in the news that Sheriff Hutchens (the new sheriff after Mike Carona got hit with a federal corruption indictment) is just going to do it the Sheriff Brad Gates way, refuse to renew CCW's, and just not issue to normal people anymore, those same people that were downing me for open carrying anywhere in this country, with their "I've got my CCW so ha ha", now are going to find themselves defenseless in less than a year. Schaudenfruede is a treat nonetheless.

The other approach I'm aware of is that open unloaded carry being legal in many places if enough people do it, people get more comfortable with guns and over time we can proceed to free choice of open/concealed, loaded/unloaded, gun/no gun, live and let live, dogs and cats living together, etc. Is that where you are coming from?

Generally.

I'm not asking to be confrontational, I'm trying to understand the mix of views out there because we need to build a coalition to get numbers. If your going to vote down my proposal which you 90% support but you have a position on the other 10% then I need to know how to address that.

You're right, the coalition is being built and has been built up over at CalGuns.net. We have a hell of a fight on our hands, we're finally on the offensive in federal court, and the next 2 years are going to be the very key linchpin of that victory. We need a beachhead, a line that the state cannot cross no matter how entrenched the anti-gun forces are in California and how much their state court system reinterprets things.

Right now, out of 36 million people, there are 35,000 CCW holders. That is WAY too few people. I'd feel a lot better if there were 1 or 2 million CCW holders, which would be around the percentage that would be normal for the surrounding states (such as Washington, Oregon, Nevada, and Washington).

I don't see how I can convince large numbers of people with no exposure or experience with guns to see their presence in society as a net good with arguments which smell to them as tactical moves to secure narrow interests. Open carry per se I don't see them buying, open carry as a ruse to get CCW will make them feel abused/tricked. An argument that a CCW permissive law in and of itself, without them changing their habits or ownership of guns makes them safer could fly. I'm not saying its an easy argument, it requires logic and the ability to see the obvious and the non-obvious and weigh both, etc.

That's because in California, the audience for open carry isn't really the general public, it's going to be the sheriff's and police chiefs that literally played god over people's applications, deciding who lives and who dies, for the last 80 years. This is their fault for causing this mess, and it's the Legislature's fault for allowing it to continue. If San Francisco and the bay area counties, Sacramento, and LA/Ventura/San Diego Counties freely issued licenses, then we wouldn't even be having this discussion.

If they feel tricked, I really don't care. They should start asking their sheriffs why they didn't issue licenses to battered women, gay men who have been targeted for bashings, and so on, to not even cause this in the first place.
 
I think that this kind of proposal is just the ticket.
Put people who oppose basic human rights on the defensive!
Make them show their true colors. They hate the very idea of freedom and liberty. The very essence of which is a people who own and carry arms.
(The Swiss take their fully automatic rifles to the polls to show that they own the government, and are not sheep to be shorn and consummed at will.)

Use the well proven Ron Paul method of campaigning.
Low cost- high enthusiasum grassroots activism.

We have everything to gain and nothing to lose!
Well done sir!
Thank you for becoming an American, we need more people like you.
 
I am not sure whether a losing ballot initiative would harm the cause or not. It might get some people more fired up and actually help.

My guess is that the chance of it getting on the ballot is very low in the first place using the approach being suggested.

Getting it passed seems pretty iffy too, but there is probably more of a chance of getting it passed than getting it on the ballot.

Personally, I think you are better off putting your energies into existing efforts, rather than an all or nothing effort.

Just out of curiosity, is there any case of a ballot initiative getting on the ballot where no paid signature gatherers were used and it was basically a few guys in the basement running the thing?
 
Just out of curiosity, is there any case of a ballot initiative
getting on the ballot where no paid signature gatherers were used
and it was basically a few guys in the basement running the thing?

Nope, not in the last 15+ years.

Even supposedly 'populist' ballot initiatives have $big$money$ backing - be it from huge unions with much to gain or lose, biz/insurance, political parties, "Indian tribes" or tobacco.

In CA, the initiative system used to be a fairly quiet, ordinary way of doing the occasional thing the legislature didn't quite get around to - with the biggest prior-era one being Proposition 13 property tax restrictions in late 70s.

As CA's legislature became progressively more nonfunctional/spendy and impractical, ballot drives became "industrialized". With the imposition of term limits for legislators, legislators needed to throw any legislation together that could 'stick to the wall' for even a moment to get some PR for their next campaign.

These days a state legislator spends most of his time worrying about next election; his staff is the one that actually writes the legislation. I'd say a fair fraction of CA legislators can't even remember the laws they proposed or passed in prior term(s) - let alone specific details. (Hell, Don Perata, queried in 2003 or 04, didn't even remember he'd driven the SB23 generic 'by feature' assault weapons ban bill.)

This was combined with the then-evolving complete irrelevance in CA of the CA Republican party, who (after term limits in late 1990s came into effect) were willing to trade power for minority 'safe seats' in legislature (I guess these guys support "affirmative action".) The CA Rs ended up eschewing Reaganesque minimal effective gov't concepts and instead ended up being driven by a cabal of Orange County Christian "conservatives" that can't acquire or retain any statewide offices in CA beyond local legislative districts due to their perceived religious stench in more educated, more afflluent outer metro suburbs in CA. The only leverage CA Repubs have now is thru the budget process since we have a 2/3s approval vote required for budgets & new taxes.

Because of CA Republican party's overall uselessness & irrelevancy, the CA Dems have moved further to the left, including the state party funding/money structure.

Given this situation for the CA Dems - who are often involved in pie-in-the-sky loo-loo schemes - along with CA Republican irrelevance, the CA ballot initiative arena has become the area for "big retail" politics. There are a list of companies just specializing and making a living doing studies on given subissues for ballot drives. And because of the big money retail nature, I think every ballot drive in recent decade has used professional paid signature gatherers. Remember, not only do you have to get enough signatures on the ballot to qualify, you need to go quite a bit over (20+%) the required count for safety's sake, because some of those will be challenged, will be disqualified, etc.

The increase in CA's gun control efforts can be directly attributed to the decline in CA Republican party's fortunes - in turn linked to some of their crazy (for the area) foci.


Bill Wiese
San Jose CA
 
Bill,

Thats a great summary of our sorry situation. My only comment is that indeed the retail politics with big money will obviously use the paid gatherer companies (of which there are about five national ones) and so that is what you typically see.

Because that appears to be the way "everyone" does it us small money mom&pops have been perhaps mislead into thinking thats its the ONLY way to do it.

I think my approach is viable and can succeed. I'm desperately trying to find what means they are going to use to stop it and if anyone can point at actual legislation/regs etc where my approach will be cut off I would welcome it - 1) so I can see if I can circumvent it or 2) it may well invalidate my approach and I will stop wasting my and everyone elses time, effort and money. BUT I'm not persuaded simply by the argument that what everyone else has historically done is the only way.

I have sent questions to the AG and the SOS offices to test the signature gatherer/signer relationships which are/aren't allowed and am contacting some county elections offices to see if they have anything which blocks self-gathered signatures.

Bill, if you could ask the very bright connected people you know if they can see how this particular technical approach could be blocked that would be really helpful. Clearly, the gov/officials are not above simply tossing something on some pretense with no backing of the law or regs and say "so sue me." Again, while that means I might fail cos I don't have the money for a lawsuit it gets them on record and such flagrant disregard for due process may get other people to take up the gauntlet at that point. Either way, I don't think I've failed at that point. If there's some pre-existing, established law or reg or court finding which already prevents my approach that's a different matter, fair cop, they've already stitched me up.

I think this is a loophole which is overlooked by the regs and officials because everyone is lulled into the "paper/people/parking lots" mentality. I'm sure they won't like this and will try to block it after we are successful with it.

Cheers
Phil
 
Lonnie,

Thanks for taking the time to reply to me. I now understand your position and where you are coming from and respect it. Which is the right way to go if only one is possible is full of imponderable assumptions about criminal and human psychology and relative densities of people susceptible to the different styles of argument. I say we try 'em both but try not to undermine each others pitch to our respective audiences.

Right now, out of 36 million people, there are 35,000 CCW holders. That is WAY too few people.
But the important number is the latent demand, how many people would apply in a shall-issue California. I'm in Ventura, the sheriff is reportedly fairly pro-issue if you have good cause to cover his ass with the AG, but there's over a year to wait! How many people are there who again are hiding in the woodwork cos they've better things to do that fight this petty officialdom stuff.

With a low threshold of effort for them to actually contribute plus something which addresses their issue, they may come out. Thats what I'm looking for.

Lurkers, if you don't want to go public on a board email me if you think I'm onto something.

Cheers
Phil
 
The increase in CA's gun control efforts can be directly attributed to the decline in CA Republican party's fortunes - in turn linked to some of their crazy (for the area) foci.
My personal opinion is that the CA republican party died when it tried to become a lite version of the democratic party. If you have no real principles, republicans are not interested in voting for you.
 
I think this is a loophole which is overlooked by the regs and officials because everyone is lulled into the "paper/people/parking lots" mentality. I'm sure they won't like this and will try to block it after we are successful with it.
Why? So long as the petitions follow the Election Code in format - layout, typeface, spacing - any signature ought to be acceptable.

Get enough, you're on the ballot. It's getting enough that has recently brought in the paid signature-gatherers, and I'm not aware they have a lobby to advocate limiting other ways.

SOS says
The number of signatures required for initiative constitutional amendments must be equal to at least 8% of the total votes cast for Governor at the last gubernatorial election.
So they further say
Number of Signatures Required for an Initiative Constitutional Amendment: 694,354
[8 percent of 8,679,416 (Art. II, § 8(b), Constitution)]
For 2009, 2009, 2010. Not likely to change too much after next gubernatorial election. General wisdom seems to be collect 150%-200% of the requirement to allow for the validation process.

(This presumes you jump though all the other hoops required for the initiative before signature gathering begins. Hire a lawyer - not free, but spending some $$ to do it right the first time is confidence building for your supporters. "Whoops, we'll do it better next time" tends to alienate people.)

If you haven't done it yet, see this 2006 thread and the related threads on that topic.
 
I think this is a loophole which is overlooked by the regs and officials because everyone is lulled into the "paper/people/parking lots" mentality. I'm sure they won't like this and will try to block it after we are successful with it.
No loophole. The CA SOS's office specifically states this is acceptable.

http://www.sos.ca.gov/elections/initiative_guide.htm

Petition Signatures

Only persons who are registered, qualified voters at the time of signing are entitled to sign the petition. A person can only sign a petition that is being circulated in his or her county of registration. If a petition circulator is a registered voter, he or she may sign the petition he or she is circulating (Sections 102, 105, 9021). Each signer must personally place on the petition his or her signature, printed name, residence address (or physical description of the location if there is no street address), and the name of the incorporated city or unincorporated community (Section 100). None of the above may be preprinted on the petition. Each signer may sign an initiative petition only once (Section 18612).
 
ilbob said:
bwiese said:
The increase in CA's gun control efforts can be directly attributed to the decline in CA Republican party's fortunes - in turn linked
to some of their crazy (for the area) foci.

My personal opinion is that the CA republican party died when it tried to become a lite version of the democratic party. If you have no real principles, republicans are not interested in voting for you.

CA is a minority-Republican state, has been for a long time. When CA R's were having better fortunes (i.e, they hadn't shot themselves in the foot) decade or so ago, they could count on some fair number of crossover votes to help out.

But CA Rs keep bringing up issues of abortion/choice in discussion which is a 100% dead losing unwinnable issue in CA, and there's all sorts of 'family' codewords in their speeches which scares a fair fraction of folks who have family members that may be a bit, um, 'nontraditional' in sexual preference.
So not only do CA Rs scare off that 'nontraditional' individual they also scare off a whole buncha his family. Combine that with folks worried about Creationism slipping into public schools (every once in awhile some R looloos vociferously defend some dumb teacher bringing up the Bible in a high school science class) and you can see why folks run scared of 'em.

The biggest demographic the CA Rs have lost is the suburban educated professional homeowner demographic. These folks used to vote quite frequently for CA Rs but ran away when the religious tilt really hit - the CA Rs became so distasteful to their mindset they're willing to pay higher taxes to avoid them. When you have a product like that, the marketing stinks, and in a free economy the marketing managers would be fired.

When the CA Rs lose their perceived religious taint they'll start winning again.
Their leadership doesn't understand that "conservative" is entirely separable from religion. If they return to the Reaganesque message of minimal effective gov't + low taxes they'll get traction back in another decade.


Bill Wiese
San Jose CA
 
So to get back on topic...

My thread seems to have been hijacked by Republican and NRA poohbahs decrying the decline of the old days and saying if we just wait a decade everything will be alright...

So I'll stipulate that neither the Dempublicans or the Republicrats will help our cause and being the two sides of the same ruling elite the system is setup so that third parties can't get in and disturb them. Working with in them for reform also seems wasted.

So we have to use whatever levers we can wiggle to try and disturb them and herd them is somewhat the right direction...

One set of levers are the courts and we've been assured that there are plenty of people wiggling those to varying degrees of actual and perceived success. Keep it up guys, I'm with you.

I'm simply proposing that the other set of levers, the initiative process, has some levers that are actually easier to wiggle in the modern internet days, as opposed to the "old" internet days, so we should go and give them a good shake too!

Ilbob and Librarian are now starting to explain things that I've written on my linked pages, we know the numbers, we know that the obvious online guidance documentation and the published election code says that what I'm proposing is apparently valid - thats why I started this exercise.

I've been accused of not planning this out or thinking it through.

Guys, I came to a board with a stated mission to constructively improve things and come up with campaigns. I came to the sub-board where these ideas can be germinated and developed. I came at least six months before I plan to go fully public and start the campaign in earnest, to try and get advice and tips from those with experience in the trenches as to what are the unpublished and not widely known dirty tricks which might be deployed against me, for advice on how to more successfully do all that will need doing. I even harbored some hope of offers to help.

All I've got so far is "It won't work, cos I tried it before and I failed" and "wow thats a big task, how you going to do that all on your own".

Good grief Charlie Brown, where's the can do American spirit that I spent my life saving to emigrate to this country for? Where's the minimal "well I don't think that will work, but boy, if you get it up there I'll download and sign it for you and if it gets on the ballot I'll vote for it but you'll have to excuse me doing any more cos I'm busy with some other stuff thats already underway - say maybe you'd like to help me as well?"

I'll stipulate again to what I wrote in my linked web pages, I'm not asking you or your supporters for money, I'm not asking them for their free time to campaign or solicit. I'm doing something which is minimally disruptive to anything else you guys may be doing. All I was asking was for you to pass along a message across your network of supporters.

I'm asking you now, when it goes ahead will you download, sign and post and will you at minimum mention the website in your email sigs, forum sigs, when jawboning and shooting the breeze will you mention it?

Of the five or so people who've responded I've got one yes, a maybe, and three hell no. On this forum, with its stated goals, out of 13, 000 "active" members...., wow, and they wonder why CA is in the state it is.

There's another thread on this site where people are signing "anonymously" on a web petition site where the petition date has closed and its a petition to nobody just to see if they can get a million signatures and people on this forum are posting "yeah, I signed it" and patting themselves on the back like they've achieved something.

Another thing I've picked up on is that many many people seem to think that CA is one day going to "catch up" with the rest of the nation. "Look, forty states are now shall issue, won't belong now guys..." Now don't get me wrong I think thats great 'n' all but in many cases the NRA is pushing at open doors, taking low hanging fruit. This great and powerful, well endowed organization won't push in CA or DC because "we've no chance of winning there" we need to "save our resources" and "spend them where they can make a difference." The latter means where we can win easily and use it in our ad campaign for more donations.

This is like saying, "Oh there's a break in the lines over there and the enemy is pouring through, so we'll send reinforcements over here where things are less dangerous, don't want to waste them"

Now I'm not proposing that we should re-enact the pointless slaughter of WWI but at some point you have to engage and fight battles which you might lose in order not to lose the greater war.

I don't like to "bash" the NRA, honest (I signed up as a Life time member when I first arrived on these shores), but it seems to me Bill's description of how a parties leadership can lose its way applies to the NRA. I think the NRA has just grown to big and cumbersome. When you are up to your ass in alligators its difficult to remember that your original job was to drain the swamp... industrializing the process of killing alligators, no matter how good you get at it, isn't getting the job done.

The East and West Coast bastions are not waiting to follow the rest of the country. CA is the eight biggest economy in the world on its own... Those who run it and its west coast cousins enact their experiments and trial balloons here before running them out on the rest of the country. If you want to save the country you have to save the "PRK", together these are the bridge and the engine room of the ship of state. Rearranging the deck chairs on the sun-deck isn't going to turn the ship around...

I'm only one person, but I am one. I am not giving up on this, I'll continue to monitor this site and try to respond but this was just my first port of call. You'll probably see me popping up on other sites and forums you frequent. Maybe this just wasn't the right place to plant the first seed...

And if anything I've said has offended anyone I sincerely apologize... we really are on the same side we're just arguing tactics right?

Cheers
Phil
 
Thank you Scrat.

You response crossed with my last one, so just to reiterate, I'm not abandoning this thread but I'm going to start spreading the word elsewhere as well. Gotta get this ball rolling somehow. When I start responding to other people's threads about this when I find a new site/forum/blog instead of initiating my own we'll be good.

Cheers
Phil
 
My thread seems to have been hijacked by Republican and NRA poohbahs decrying the decline of the old days and saying if we just wait a decade everything will be alright...

1) No one said anything about a decade to push for this petition. Remember, previous attempts to put this on the ballot failed repeatedly.

2) Lawsuits against California laws on incorporation issues with the Second Amendment are going to be decided in the next 6 months at the maximum (Nordyke v. King in the 9th Circuit)

3) I'm currently not bemoaning the Republicans not being in power. I'm not a employee of the NRA.
 
A thought I posted on another board. I thought it might be appropriate here as well.

It seems to me that there is enabling legislation when a new state enters the union. Logically, part of that enabling legislation might well have been some kind of requirement that the new states abide by the US Constitution.

It may be that the 2A has already been incorporated legislatively and no one realized it.

Not being a lawyer, I am not quite sure how to research such a law. It may be there is a US code that spells this out.
 
ilbob said:
...It seems to me that there is enabling legislation when a new state enters the union. Logically, part of that enabling legislation might well have been some kind of requirement that the new states abide by the US Constitution.

It may be that the 2A has already been incorporated legislatively and no one realized it....
I seriously doubt it.

The doctrine that the Bill of Rights did not apply to the states was first stated in 1833 in Barron v. Baltimore. The Supreme Court began applying the Bill of Rights to the states piecemeal beginning in the 1890s. I find it hard to believe that in all that time, and in all the litigation involved, everyone just missed an "easy fix."
 
I find it hard to believe that in all that time, and in all the litigation involved, everyone just missed an "easy fix."
Who knows. One would think someone would have thought of the idea that the CA already incorporates the 2A a long time ago too.
 
Ianal

Hey, I know we all just hate to play lawyer on the internet but Fiddletown nailed it.
CA's first constitution was after Barron, ie BOR doesn't apply to the states, and its revised constitution, the basis of the current one, was before the 14th and the mongrel incorporation doctrine. So that as they say is "settled law"

Evidently it takes a supreme court level of legal mind to hold two contradictory doctrines in your head and still claim to make logical derivative arguments :confused:
 
The 2nd Amend/RKBA is not 'incorporated' into California until further resolution in courts.

A very very long shot could be some text in CA's own state constitution, but practically speaking, really the shortest path to incorporation in CA is via the current Nordyke gunshow litigation (which happily wandered from 1st amend issues over to RKBA, partially courtesy of the judge) or the Guy Doe case in San Francisco (gay man in public housing banned from owning a gun).

We also have the new post-Heller attacks in Chicago on their ban, which are somewhat clones of the DC situation, but whose major difference is that they don't occur on Fed-only (Wash DC) territory.

If we get wins in both CA and Chicago, good. If we get a win in one and loss in the other, we happily get "circuit split" which is the very fast track back to the Supremes with the same guys voting the same way.

The near-disastrous Silivera v. Lockyer case - which essentially affirms we DON'T have RKBA in California - did have one hidden happy note: Steven Reinhardt noted that if the 2nd were an individual right, it would indeed have to be 'incorporated' within California.


Bill Wiese
San Jose CA
 
The near-disastrous Silivera v. Lockyer case - which essentially affirms we DON'T have RKBA in California - did have one hidden happy note: Steven Reinhardt noted that if the 2nd were an individual right, it would indeed have to be 'incorporated' within California.
was that the majority view? or just one judge?
 
I haven't found a sequence numbering requirement in the CA regs yet...

There might or might not be a numbering requirement, but it would probably be a good idea to sequence the responses that you get mailed in anyhow to make it easier to establish an accurate count by the officials.... and you, too. What I'm getting at is if they start at 1 and end at 53128, and all the numbers in between look sequential, there isn't much need to actually count them.

Sequence numbering stamps are available for about $40 at mostlarge Office Supply stores.

You might want to contact Doug Bruce, who almost singlehandedly got the "TABOR" amendment through here in Colorado a couple of years ago. TABOR = Taxpayers' Bill Of Rights, which stopped most tax increases without a direct vote of the people.

Funny thing is to watch the oily politicos squirming and slithering and writhing around to slip tax suppositories into us anyhow. And if Doug Bruce gets a splinter or a hangnail, they all rejoice.

I'm pretty sure he's pro gun and might be able to give you good advice, although he's pretty busy irritating the Colorado State Legislature as a Representative from El Paso County CO. He's a native Californian, by the way.

http://en.wikipedia.org/wiki/Douglas_Bruce

This is not a very complementary article in Wiki, in fact it's a bit of a hatchet job... which only demonstrates that he's a feisty SOFemale Dog, and is one Don Quixote who actually tilted at and killed a windmill. A favorite character of mine...

... as you can tell.

Home page:

http://www.douglasbruce.com/

I would suggest not contacting him at the State Capitol office, lest all those who would rejoice at his getting a splinter pounce all over him for not doing exclusively State Business at his Capitol office.

Wie ein Held, zum Siegen!
 
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