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California Patriot Stands Up and Fights

by Brian Puckett
President,
Citizens of America

One American has had enough of politicians infringing on his right to own and use firearms, and is using the law to go after these politicians personally. 

Donald Bird, 67, of Rancho Tehama, California filed suit on June 12 against Governor Gray Davis, a number of California senators and assemblymen, and 10 John Does and Jane Does. Mr. Bird claims damages for violation of his civil rights, specifically his right to own and use firearms as protected under the Second Amendment of the U.S. Constitution. 

The suit was filed suit in the Eastern U.S. District Court of California, citing U.S. Code Title 18, which outlines various legal sanctions against government officials who conspire to misuse their offices and powers to violate the constitutional rights of their fellow citizens, and Title 42 which outlines the legal remedies citizens have for violations of constitutional rights.

Mr. Bird believes that his chance of winning in court was but one consideration in his decision to file suit. Quoted in an article by staff writer Jack Moran in the Red Bluff (CA) Daily News, Mr. Bird said, "To me, it will be worth the $150 I paid to file the suit just to have a jury hear my complaints." and further, "Hopefully, others will see what I’ve done and can improve on the lawsuit."

Mr. Bird, a retired contractor, filed suit without benefit of an attorney. Whether or not attorneys are used, such actions taken by hundreds of individuals across the nation may result in getting a Second Amendment case before the U.S. Supreme Court.

Mr. Bird – with whom I have spoken and corresponded previously – is nothing if not a serious, dedicated, and tenacious patriot. Regarding this lawsuit, he says, "If I get beaten up in court, at least I will get a chance to find out what my mistakes were. If I’m not successful, I’ll just try again."

In an article titled "A Plan to Restore the Second Amendment", originally published in Handguns Magazine, I recommended using precisely this tactic to fight usurpations and abrogations of our right to own and use firearms. This article may be read on KeepAndBearArms.com:  https://www.keepandbeararms.com/information/XcIBViewItem.asp?ID=132.

Anyone interested in filing suit against city, county, state, or federal agents or officials can email me at Brian@CitizensOfAmerica.org and I’ll email them a basic "starter kit" listing various laws and lawsuits that may be utilized to file your own lawsuit.

– Brian Puckett, President, Citizens Of America – A National Pro-Gun Rights Ad Campaign: http://www.CitizensOfAmerica.org


Other Articles from Brian Puckett

 

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 QUOTES TO REMEMBER
"Some people think that the Second Amendment is an outdated relic of an earlier time. Doubtless some also think that constitutional protections of other rights are outdated relics of earlier times. We The People own those rights regardless, unless and until We The People repeal them. For those who believe it to be outdated, the Second Amendment provides a good test of whether their allegiance is really to the Constitution of the United States, or only to their preferences in public policies and audiences. The Constitution is law, not vague aspirations, and we are obligated to protect, defend, and apply it. If the Second Amendment were truly an outdated relic, the Constitution provides a method for repeal. The Constitution does not furnish the federal courts with an eraser." --9th Circuit Court Judge Andrew Kleinfeld, dissenting opinion in which the court refused to rehear the case while citing deeply flawed anti-Second Amendment nonsense (Nordyke v. King; opinion filed April 5, 2004)

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