Keep and Bear Arms

Don Bird’s One-Man Battle Ends at Supreme Court -- But he hasn’t given up the war

by Brian Puckett
May 8, 2003

KeepAndBearArms.com -- I have been sporadically reporting on Don Bird’s fight to regain the free exercise of California citizens’ right to own and use firearms since 2001. By himself, this 68 year old patriot has waged a legal battle against the anti-freedom governor and attorney general of this liberal-controlled state. However, this particular legal battle has ended with the U.S. Supreme Court’s decision on May 5 to deny certiorari (refusal to hear the case).

In response to California’s unconstitutional ban on certain semi-automatic rifles, Mr. Bird originally filed suit on June 12, 2001 against Governor Gray Davis, a number of California senators and assemblymen, and 10 John Does and Jane Does, claiming 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 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.

The Case went through several evolutions, and in the end became a request for the high court to issue a writ of mandamus requiring Governor Gray Davis to state publicly that the Second Amendment guaranteed an individual right to keep and bear arms. After reviewing Mr. Bird’s petition, the Supreme Court declined to hear this action, and, as usual, gave no reason for doing so.

It is highly unusual for an individual with no formal legal training (such as Mr. Bird) to reach the level of the U.S. Supreme Court, and this result is a testament to Mr. Bird’s determination and intellectual abilities.

“But I’m not giving up” Mr. Bird told me in a telephone conversation. “I have another lawsuit I’m going to file. I’m going to keep at it, keep pushing them. All these lawsuits that are happening now are keeping the pressure up to get our rights back”

He’s right. And he’s a remarkable patriot for taking on these tasks by himself.

Read Mr. Bird’s story from the beginning:

1. California Patriot Stands Up and Fights

2. Don Bird Lawsuit Exposes CA Contempt for Rights

3. Don Bird Continues Unique Battle

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Written By:	Brian Puckett
	Don Bird’s One-Man Battle Ends at Supreme Court -- But he hasn’t given up the war by Brian Puckett May 8, 2003 KeepAndBearArms.com -- I have been sporadically reporting on Don Bird’s fight to regain the free exercise of California citizens’ right to own and use firearms since 2001. By himself, this 68 year old patriot has waged a legal battle against the anti-freedom governor and attorney general of this liberal-controlled state. However, this particular legal battle has ended with the U.S. Supreme Court’s decision on May 5 to deny certiorari (refusal to hear the case). In response to California’s unconstitutional ban on certain semi-automatic rifles, Mr. Bird originally filed suit on June 12, 2001 against Governor Gray Davis, a number of California senators and assemblymen, and 10 John Does and Jane Does, claiming 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 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. The Case went through several evolutions, and in the end became a request for the high court to issue a writ of mandamus requiring Governor Gray Davis to state publicly that the Second Amendment guaranteed an individual right to keep and bear arms. After reviewing Mr. Bird’s petition, the Supreme Court declined to hear this action, and, as usual, gave no reason for doing so. It is highly unusual for an individual with no formal legal training (such as Mr. Bird) to reach the level of the U.S. Supreme Court, and this result is a testament to Mr. Bird’s determination and intellectual abilities. “But I’m not giving up” Mr. Bird told me in a telephone conversation. “I have another lawsuit I’m going to file. I’m going to keep at it, keep pushing them. All these lawsuits that are happening now are keeping the pressure up to get our rights back” He’s right. And he’s a remarkable patriot for taking on these tasks by himself. Read Mr. Bird’s story from the beginning: 1. California Patriot Stands Up and Fights 2. Don Bird Lawsuit Exposes CA Contempt for Rights 3. Don Bird Continues Unique Battle