http://www.sierratimes.com/03/03/17/aras031703.htm
Time to End Unconstitutional Insanity
Help Us Prepare Second Amendment Case for a Supreme Court Hearing
By Angel Shamaya - KeepAndBearArms.com
Gun owners, gun rights activists and supporting allies tend to agree that the war being waged against the Second Amendment is in advanced stages -- that overt infringements of the right of the people to keep and bear arms are now deeply embedded into our society. Most of us are infuriated with the depth and breadth of the anti-gun forces and their puppets. Objective observers see few peaceful options left for restoring our rights.
A patriot will never hand in his firearms or abide outright gun bans. And since outright bans are the ultimate objective of the gun prohibitionists, that unwillingness presents a looming problem -- a dilemma that sane people would like to resolve through civil means if at all possible.
If you still somehow doubt that outright bans are on the anti-gunners' menu, please consider the following:
There are people sitting in jail, right now, for having exercised their right to keep and bear arms. Mere possession of banned firearms has landed people in violent prisons with convicted murderers. Carrying a firearm to defend your life, in too many places in America, is treated by law enforcement and the courts as a violent felony. Self-defense Prohibitionists want it that way everywhere, they are well funded, and they are persistent.
Handguns are banned in places like D.C., NYC and virtually banned in Chicago. Many types of handguns are also banned in Maryland, New Jersey, California, etc. Where handguns are banned from the citizenry, law enforcement officers can legally acquire those same handguns -- and use them, against The People, to enforce gun bans.
A federal law exists banning the import of numerous military-pattern semi-automatic firearms and the reasonable-capacity magazines that go with them. Oath-breaking politicians and police-statist gun prohibitionists are already screaming to renew that Clinton gun ban -- and to extend it to include more firearms. And gun ban enforcement agencies are exempt from these very laws. Law enforcement officers use machineguns and short-barreled shotguns to enforce these gun bans, too.
There are anti-gun organizations and leading individuals calling for complete bans on handguns, semi-automatic rifles and shotguns... even at least one organization calling for a complete ban on all firearms to all but the police and military -- they want a literal police state. One such organization has received over $4,000,000 in the last four years from just one socialist organization -- to further that precise agenda.
Yes, prohibition is on the agenda for many groups and individuals -- and their camp has indeed made significant headway. The infringements on the right of the people to keep and bear arms in place today were unthinkable just 75 years ago.
WHAT CIVIL OPTIONS ARE LEFT?
Peaceful options for restoring our stolen Second Amendment rights -- and for preserving them for future generations -- must be either legislative or judicial. Congress, or the Supreme Court, in other words. The other alternatives are not necessarily peaceful.
I have more faith in the Supreme Court than I do in Congress. Conservatively, at least half of the people in Congress are oath breakers, sellouts or even outright traitors. But there are only 9 Justices, and their opinions and decisions carry more weight than those of Congress -- the Supreme Court can nullify unconstitutional acts of Congress. The Supreme Court is a far better bet than Congress -- we simply must press our case in the United States Supreme Court.
So KeepAndBearArms.com and Citizens of America are helping take a Second Amendment case to the United States Supreme Court. We believe we will win this case, or at minimum the most important issues raised. And to make certain of this, gun owners and gun rights activists must help us fund the original legal research required to produce a victory. Similarly, if we fail fund the effort, its chances of success are greatly reduced -- and the case upon which we've chosen to stand is going forward anyway.
WHY SILVEIRA V. LOCKYER HAS A STRONG CHANCE OF SUCCESS
First, if you have not done so, please go to the following website and read up on Silveira v. Lockyer: http://KeepAndBearArms.com/silveira/scotus.asp. Then consider the following:
1) The necessary legal research is being done by an attorney with vast experience in Supreme Court and Circuit Court litigation spanning over three decades. His insight and foresight are based on experience. See what other respected RKBA attorneys have said about him by clicking here. The work being done on the questions presented for the certiorari petition, and on the arguments for the brief, is novel, thoroughly researched, and as well-developed as possible.
2) NRA isn't involved. Neither are any other large gun rights groups. Large gun rights organizations tend to be viewed as political entities, thus politicizing the lawsuit. That dynamic doesn't exist here.
3) The timing of this case is good. The Bush Administration opposed having the Supreme Court hear U.S. v. Emerson. The Bush Administration would sabotage themselves in the 2004 election if they opposed Silveira v. Lockyer in any way.
4) If President Bush loses the 2004 election -- a strong possibility -- the new Democrat president will likely work to undermine any pro-Second Amendment lawsuit. Again, now is the time to get such a case before the USSC.
5) Plaintiffs are not accused of crimes; they are upstanding citizens. In U.S. v. Emerson -- a case whose fundraising we supported when it was led by the Second Amendment Foundation -- Dr. Emerson had been accused of pointing a firearm at his wife in the presence of his child. Though he was found innocent of those charges, the case had an unfortunate element of "crime" that isn't present in Silveira v. Lockyer.
6) Silveira deals squarely with the most basic fundamental aspects of the Second Amendment, namely: A) does the Second Amendment speak of an individual right to keep and bear arms, and B) does it apply to the states. The case doesn't address a restraining order, like Emerson did, but addresses outright gun bans that apply to all people, including those who've never been accused of a crime.
7) Silveira v. Lockyer will be petitioned to the Supreme Court as a result of the adversarial 9th Circuit Court's anti-Second-Amendment ruling. The 9th Circuit Court is the most overturned Circuit Court in the nation. The 9th Circuit Court is also split among its own judges -- see Nordyke v. King's recent ruling.
8) U.S. v. Emerson in the 5th Circuit supports an individual right. The Silveira ruling, out of the 9th Circuit, supports a collective (state's) right interpretation. The Supreme Court's job is to address a discrepancy between conflicting Circuits.
9) Winning in the Supreme Court requires directly addressing the many flaws in how the U.S. v. Miller ruling has been misinterpreted and misapplied. The work being done to accomplish that objective is groundbreaking and exceptionally convincing.
SOME OF THE EXPENSES INVOLVED
1) The original research and writing being done to craft a novel, powerful petition to grant certiorari costs money.
2) The original research in locating every useful case regarding standing, individual rights, 1st Amdt./
2nd Amdt. parallels, etc., costs money. The approach being taken is cutting new trails.
3) The collection and study of all necessary books, articles, and historical documents is expensive. We're not counting on quotes in other compendiums of articles about the Second Amendment. We're doing original reading and research, from original source materials.
4) Collection and review of personal writings and judicial opinions of the Supreme Court justices comes at a price, too.
5) The crafting of a powerful, compelling, thorough original brief for this lawsuit costs money.
6) All specialized printing of necessary documents between here and the finish line has a hefty price tag.
7) Necessary travel and accommodation expenses directly related to preparing for and pursuing this
case in the U.S. Supreme Court must be covered. Practice for oral arguments, conducting a mock trial, etc.
8) If/when the Supreme Court remands the case back to the original court, yet more work is required. To completely prepare for a possible trial in California to determine the facts of the issues raised (regarding semi-automatic rifles, the danger of registration, including exhibits, expert witnesses, and travel/accommodations expenses for the latter, etc.), we must be able to fund whatever that entails.
FINANCIAL HELP NEDDED
While we deeply appreciate the many people who've contributed to this potentially historic legal battle, the funds we've raised are already spent. Our estimation of reasonable funding to prepare for this case and successfully pursue it to the end is $150,000. We've prioritized past and upcoming expenses, and we've been efficient and frugal with funds -- as we will continue to be.
If you haven't yet donated to this effort to restore the Second Amendment via the Supreme Court, please consider the following:
1) I am asking you to give money to Citizens of America for this effort, not to KeepAndBearArms.com. Being the Executive Director and decision maker of KABA, asking you to do this has means that donations to KABA will shrink. Directing money toward another organization means, likely, that regular donors will not be giving to support our operating expenses. I understand that -- and I am asking you to give to COA for this effort; it's that important.
2) COA's operating expenses are extremely LOW. There are no fancy executive suites. There is no Customer Service Battalion. Office space is donated. There is no advertising or fundraising agency to pay. COA co-founders and officers, Brian Puckett, David Codrea and Steve Silver, require no salaries. COA's sole focus at present is handling dozens of tasks required to forward Silveira v. Lockyer to and through the Supreme Court.
3) In our opinion, Silveira v. Lockyer -- a true Second Amendment case -- will be heard by the U.S. Supreme Court. Funding this case completely will be a huge step toward regaining our rights. And funding is needed TODAY -- not a few weeks or months down the road!
HOW TO DONATE TO THIS SECOND AMENDMENT BATTLE
1) You can donate by check, credit card, or e-gold from the following web page: http://www.CitizensOfAmerica.org/donatemain.htm. (Paypal is not an option. Click here to see where they stand regarding your firearms-related transactions.)
2) If you are willing to give $200 or more and would like your donation to be tax-deductible, you can get instructions on how to make the donation by emailing [email protected] with a subject of "TAX DEDUCTIBLE SUPPORT".
Please keep the following in mind as you ponder how much money to donate to this effort:
“The fundraising by Citizens Of America, in coordination with KeepAndBearArms.com, is essential to Silveira v. Lockyer and has my backing 100%.â€
— Gary Gorski, Attorney for Plaintiffs, Silveira v. Lockyer
Time to End Unconstitutional Insanity
Help Us Prepare Second Amendment Case for a Supreme Court Hearing
By Angel Shamaya - KeepAndBearArms.com
Gun owners, gun rights activists and supporting allies tend to agree that the war being waged against the Second Amendment is in advanced stages -- that overt infringements of the right of the people to keep and bear arms are now deeply embedded into our society. Most of us are infuriated with the depth and breadth of the anti-gun forces and their puppets. Objective observers see few peaceful options left for restoring our rights.
A patriot will never hand in his firearms or abide outright gun bans. And since outright bans are the ultimate objective of the gun prohibitionists, that unwillingness presents a looming problem -- a dilemma that sane people would like to resolve through civil means if at all possible.
If you still somehow doubt that outright bans are on the anti-gunners' menu, please consider the following:
There are people sitting in jail, right now, for having exercised their right to keep and bear arms. Mere possession of banned firearms has landed people in violent prisons with convicted murderers. Carrying a firearm to defend your life, in too many places in America, is treated by law enforcement and the courts as a violent felony. Self-defense Prohibitionists want it that way everywhere, they are well funded, and they are persistent.
Handguns are banned in places like D.C., NYC and virtually banned in Chicago. Many types of handguns are also banned in Maryland, New Jersey, California, etc. Where handguns are banned from the citizenry, law enforcement officers can legally acquire those same handguns -- and use them, against The People, to enforce gun bans.
A federal law exists banning the import of numerous military-pattern semi-automatic firearms and the reasonable-capacity magazines that go with them. Oath-breaking politicians and police-statist gun prohibitionists are already screaming to renew that Clinton gun ban -- and to extend it to include more firearms. And gun ban enforcement agencies are exempt from these very laws. Law enforcement officers use machineguns and short-barreled shotguns to enforce these gun bans, too.
There are anti-gun organizations and leading individuals calling for complete bans on handguns, semi-automatic rifles and shotguns... even at least one organization calling for a complete ban on all firearms to all but the police and military -- they want a literal police state. One such organization has received over $4,000,000 in the last four years from just one socialist organization -- to further that precise agenda.
Yes, prohibition is on the agenda for many groups and individuals -- and their camp has indeed made significant headway. The infringements on the right of the people to keep and bear arms in place today were unthinkable just 75 years ago.
WHAT CIVIL OPTIONS ARE LEFT?
Peaceful options for restoring our stolen Second Amendment rights -- and for preserving them for future generations -- must be either legislative or judicial. Congress, or the Supreme Court, in other words. The other alternatives are not necessarily peaceful.
I have more faith in the Supreme Court than I do in Congress. Conservatively, at least half of the people in Congress are oath breakers, sellouts or even outright traitors. But there are only 9 Justices, and their opinions and decisions carry more weight than those of Congress -- the Supreme Court can nullify unconstitutional acts of Congress. The Supreme Court is a far better bet than Congress -- we simply must press our case in the United States Supreme Court.
So KeepAndBearArms.com and Citizens of America are helping take a Second Amendment case to the United States Supreme Court. We believe we will win this case, or at minimum the most important issues raised. And to make certain of this, gun owners and gun rights activists must help us fund the original legal research required to produce a victory. Similarly, if we fail fund the effort, its chances of success are greatly reduced -- and the case upon which we've chosen to stand is going forward anyway.
WHY SILVEIRA V. LOCKYER HAS A STRONG CHANCE OF SUCCESS
First, if you have not done so, please go to the following website and read up on Silveira v. Lockyer: http://KeepAndBearArms.com/silveira/scotus.asp. Then consider the following:
1) The necessary legal research is being done by an attorney with vast experience in Supreme Court and Circuit Court litigation spanning over three decades. His insight and foresight are based on experience. See what other respected RKBA attorneys have said about him by clicking here. The work being done on the questions presented for the certiorari petition, and on the arguments for the brief, is novel, thoroughly researched, and as well-developed as possible.
2) NRA isn't involved. Neither are any other large gun rights groups. Large gun rights organizations tend to be viewed as political entities, thus politicizing the lawsuit. That dynamic doesn't exist here.
3) The timing of this case is good. The Bush Administration opposed having the Supreme Court hear U.S. v. Emerson. The Bush Administration would sabotage themselves in the 2004 election if they opposed Silveira v. Lockyer in any way.
4) If President Bush loses the 2004 election -- a strong possibility -- the new Democrat president will likely work to undermine any pro-Second Amendment lawsuit. Again, now is the time to get such a case before the USSC.
5) Plaintiffs are not accused of crimes; they are upstanding citizens. In U.S. v. Emerson -- a case whose fundraising we supported when it was led by the Second Amendment Foundation -- Dr. Emerson had been accused of pointing a firearm at his wife in the presence of his child. Though he was found innocent of those charges, the case had an unfortunate element of "crime" that isn't present in Silveira v. Lockyer.
6) Silveira deals squarely with the most basic fundamental aspects of the Second Amendment, namely: A) does the Second Amendment speak of an individual right to keep and bear arms, and B) does it apply to the states. The case doesn't address a restraining order, like Emerson did, but addresses outright gun bans that apply to all people, including those who've never been accused of a crime.
7) Silveira v. Lockyer will be petitioned to the Supreme Court as a result of the adversarial 9th Circuit Court's anti-Second-Amendment ruling. The 9th Circuit Court is the most overturned Circuit Court in the nation. The 9th Circuit Court is also split among its own judges -- see Nordyke v. King's recent ruling.
8) U.S. v. Emerson in the 5th Circuit supports an individual right. The Silveira ruling, out of the 9th Circuit, supports a collective (state's) right interpretation. The Supreme Court's job is to address a discrepancy between conflicting Circuits.
9) Winning in the Supreme Court requires directly addressing the many flaws in how the U.S. v. Miller ruling has been misinterpreted and misapplied. The work being done to accomplish that objective is groundbreaking and exceptionally convincing.
SOME OF THE EXPENSES INVOLVED
1) The original research and writing being done to craft a novel, powerful petition to grant certiorari costs money.
2) The original research in locating every useful case regarding standing, individual rights, 1st Amdt./
2nd Amdt. parallels, etc., costs money. The approach being taken is cutting new trails.
3) The collection and study of all necessary books, articles, and historical documents is expensive. We're not counting on quotes in other compendiums of articles about the Second Amendment. We're doing original reading and research, from original source materials.
4) Collection and review of personal writings and judicial opinions of the Supreme Court justices comes at a price, too.
5) The crafting of a powerful, compelling, thorough original brief for this lawsuit costs money.
6) All specialized printing of necessary documents between here and the finish line has a hefty price tag.
7) Necessary travel and accommodation expenses directly related to preparing for and pursuing this
case in the U.S. Supreme Court must be covered. Practice for oral arguments, conducting a mock trial, etc.
8) If/when the Supreme Court remands the case back to the original court, yet more work is required. To completely prepare for a possible trial in California to determine the facts of the issues raised (regarding semi-automatic rifles, the danger of registration, including exhibits, expert witnesses, and travel/accommodations expenses for the latter, etc.), we must be able to fund whatever that entails.
FINANCIAL HELP NEDDED
While we deeply appreciate the many people who've contributed to this potentially historic legal battle, the funds we've raised are already spent. Our estimation of reasonable funding to prepare for this case and successfully pursue it to the end is $150,000. We've prioritized past and upcoming expenses, and we've been efficient and frugal with funds -- as we will continue to be.
If you haven't yet donated to this effort to restore the Second Amendment via the Supreme Court, please consider the following:
1) I am asking you to give money to Citizens of America for this effort, not to KeepAndBearArms.com. Being the Executive Director and decision maker of KABA, asking you to do this has means that donations to KABA will shrink. Directing money toward another organization means, likely, that regular donors will not be giving to support our operating expenses. I understand that -- and I am asking you to give to COA for this effort; it's that important.
2) COA's operating expenses are extremely LOW. There are no fancy executive suites. There is no Customer Service Battalion. Office space is donated. There is no advertising or fundraising agency to pay. COA co-founders and officers, Brian Puckett, David Codrea and Steve Silver, require no salaries. COA's sole focus at present is handling dozens of tasks required to forward Silveira v. Lockyer to and through the Supreme Court.
3) In our opinion, Silveira v. Lockyer -- a true Second Amendment case -- will be heard by the U.S. Supreme Court. Funding this case completely will be a huge step toward regaining our rights. And funding is needed TODAY -- not a few weeks or months down the road!
HOW TO DONATE TO THIS SECOND AMENDMENT BATTLE
1) You can donate by check, credit card, or e-gold from the following web page: http://www.CitizensOfAmerica.org/donatemain.htm. (Paypal is not an option. Click here to see where they stand regarding your firearms-related transactions.)
2) If you are willing to give $200 or more and would like your donation to be tax-deductible, you can get instructions on how to make the donation by emailing [email protected] with a subject of "TAX DEDUCTIBLE SUPPORT".
Please keep the following in mind as you ponder how much money to donate to this effort:
“The fundraising by Citizens Of America, in coordination with KeepAndBearArms.com, is essential to Silveira v. Lockyer and has my backing 100%.â€
— Gary Gorski, Attorney for Plaintiffs, Silveira v. Lockyer
