What the Government Hopes Won

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What The Government Hopes Won't Happen What if the good citizens did the following upon receiving a knock on their doors? The citizen calls through the door, Who is it? The reply is, I'm police officer/deputy sheriff/special agent Smith. The citizen replies, Go away. I'm not interested in spending any of my time talking to you. Get off my property. That should do it. The agent of the government might be a little more persistent, but if the good citizen understands, and asserts, his rights
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  What The Government Hopes Won't Happen What if the good citizens did the following upon receiving a knock on their doors?The citizen calls through the door, Who is it  ? The reply is,  I'm police officer/deputy sheriff/special agent Smith . The citizen replies, Go away. I'm not interested in spending any of my time talking to you. Get off my property . That should do it. The agent of the government might be a little more persistent, but if thegood citizen understands, and asserts, his rights against the government, the abovescenario is all that should happen.Why? Because no citizen is required to talk to anyone from the government unless hewants to. You have the right to be left alone. Unless the government has probable causeto suspect you of a crime, you are free to be left alone. You do not even have to produce identity papers. Yet. The Fifth Amendment protects the citizen's right to be free fromincriminating himself in a criminal case. What The Government Hopes Will Happen Upon knocking on your door, and you opening it, the police officer/deputy sheriff/specialagent will say, I'm Officer Smith and this is my partner Officer Jones. We understandyou are in possession of an illegal assault weapon and we're here to retrieve it. Theymay wave papers in your face, such as a record of sale.You say, Oh, well in that case, come on in. I'll show you where it is. I figured you'd findme. Then they will confiscate your firearm and arrest you. Later, when your attorney files amotion to suppress the evidence before your trial, the judge will deny the motion on thegrounds that you volunteered the evidence to the police. You will then be convicted of  being in possession of an illegal firearm. Other Things You May Want To Think About If you are in possession of a so-called illegal SKS Sporter or assault weapon, youshould consider purchasing an inexpensive dictation tape recorder and an inexpensivevideo camera, and keeping it near your front door. When the agents from the government(and they will come in pairs, as they are cowardly) come to your door, you should be in a position to gather evidence of their trickeries. They will  try to trick you.For example, they may say, We know you have an illegal firearm in your house. Wewant it. It is illegal for you to have it. You must let us in, pursuant to the new law. And,as mentioned above, they may say they have evidence that a certain weapon was sold toyou.  One response would be the same as above, Go away. I'm not interested in spending anyof my time talking to you. Get off my property. I'm recording this. Tell them you are recording this event. That will get their attention. You may want to setup a system whereby you can speed dial your phone to a neighbor who can also bevideotaping the officers outside your door.Another alternative response could by, Slide your search warrant under my door. Thegovernment agents will almost certainly not have a search warrant, provided you have been very circumspect in the recent past about what firearms you own. Why, then, wouldit be almost certain that the government agents will not have a search warrant? Because,according to the Fourth Amendment of the United States Constitution, no Warrants shallissue, but upon probable cause, supported by Oath or affirmation, and particularlydescribing the place to be searched, and the persons or things to be seized. Did youknow that Article 1 of the California Constitution is a Declaration of Rights, and thatsection 13 of the Declaration of Rights says: The right of the people to be secure in their  persons, houses, papers and effects against unreasonable seizures and searches may not be violated; and a warrant may not issue except on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons and things to be seized? (The full text of the California Constitution can be found athttp://www.ca.gov/s/govt/govcode.html.You must ask yourself this question, What judge is going to issue a search warrant tosearch my home for an allegedly illegal firearm, if I haven't had anyone in my homerecently who might be a snitch, who would be able to say under oath, 'I saw this man in possession of an illegal firearm of a certain type, and it was stored in this location in hishouse and I saw it this morning?' If the only evidence the government has is thatmonths earlier you purchased a certain weapon, that in itself would only tell a judge thaton that date you may have been in possession of that firearm. In the meantime, youcould have disposed of it (you could have thrown it away in your trash), you might havedismantled it, thrown it in a lake, taken it out of state, etc., etc.If you have not advertised to anyone your possession of your illegal firearms, it ishighly unlikely that the government will have sufficient evidence that probable causeexists that you are in possession of illegal contraband (that is, that you are in possessionof an illegal firearm). Thus, you must ask yourself whether you are able to take thesmall risk that you are wrong.Even if the government agent has obtained a search warrant, after complying with thesearch, you may challenge the legal sufficiency of the search warrant. The governmentwill have to sustain its burden of proof that the required showing of probable cause wasactually based on credible, recent evidence. This will be a heavy burden, because in everycase the eyewitness claiming that you were in possession of the illegal firearm wouldhave to make a showing that your possession was close in time to the issuance of thewarrant and that the eyewitness was in a position to particularly describ[e] the place to be searched and the persons and things to be seized according to the dictates of theFourth Amendment of the United States Constitution and section 13 of the Declaration of Rights of the California Constitution. In every case, the government will only have  reason to suspect that you are in possession of the illegal firearm based upon someinformation they received many months ago. It is just as likely that you are no longer in possession of the illegal firearm as it is that it is still in your possession; therefore,without more, there is no probable cause to believe you are currently violating the law.Since you may not be required to answer any of the government's questions aboutwhether you are in possession of an illegal firearm, the government has no way of finding out whether its suspicions are correct.If you really want to have some fun, and burn up some of the government agents' time(taking away time they might otherwise use to try to trick other citizens of their firearms),you may want to do the following:When they identify themselves outside your door, slide a Public Servant Questionnaireunder the door to each of them, and tell them you'd be happy to talk to them if they willanswer each of the questions set forth on the form. You may get a copy of the PublicServant Questionnaire athttp://www.GunTruths.com(click on the cartridge above IBelieve In Self Defense and then scroll down to the Get Involved heading). If you dothis, it is doubtful they will continue to talk to you. Probably, they will have been toldnot to waste their time on citizens who seem to understand their rights and they will leaveand go to the next name and address on their list.Assuming they do fill out the form completely, you may want to then ask them whether they are armed with loaded firearms. If they say yes, you should tell them that you willlet them into your house to talk with them only if they will return without their firearms.Then you should also tell them that you'd like to first obtain some witnesses toeyewitness the meeting in your home, and further explain that you'd like to have them sitin front of your pre-positioned video camera and near your tape recorder. If they tell youthat you don't have the right to audiotape and videotape them, they will be lying.Remember, these are your public servants . Then let them come into your house,unarmed, to ask your permission to answer some questions. Let them ask whatever questions they choose. In response to each, simply say, I choose not to answer thatquestion. Or you might ask them, in response to every question they ask, whether youare required to answer the question. Again, you'll have this all on audio tape andvideotape and have at least one witness. When they are finished, politely show them thedoor.Use your imagination. Another Right We Have At Our Disposal That The Government Fears Under Article VI of the United States Constitution, and Sections 15 and 16 of theDeclaration of Rights in the California Constitution, all defendants in criminal prosecutions shall enjoy the right to a speedy trial, by an impartial jury of twelve jurors.The AG does not want to be faced with overcoming the foregoing hurdles, plus having toconvince all twelve jurors on a jury that you ought to go to jail just because you were in possession of what just a few months earlier had been perfectly legal to own. The AGfears fully informed jurors who know that they have the power to judge both the law andthe facts, and who will be willing to acquit you of the victimless crime of possessing an  illegal firearm that was formerly perfectly legal to own. You should learn more aboutthe Fully Informed Jury Association (FIJA), which is on the Links page at The Lawyer'sSecond Amendment Society, Inc. web site,http://www.thelsas.org.The Bill of Rights of the United States Constitution is short, to the point and written inEnglish. The Fourth Amendment is easy to understand. The Attorney General hopes youdon't understand any of your rights. Don't let them trick you. If the first one hundredattempts at trickery fail, the government will give up. Don't be fooled. Learn your rightsand exercise them! Disclaimer: The foregoing is not legal advice but is for informational purposes only.You should use your own judgment or consult an attorney before deciding what todo.What to do if the police stop you. We at NCRF were lucky enough to meet Evan F. Nappen, who is most likely, the greatest personal firearms attorney in the country. It was refreshing to find a lawyer who did not believe in giving away our rights & who deeply believed in our Second Amendment rightto bear arms. He gave advice for all gun owners on what to do if the police stop you.First, remain silent. You are only required to give your name, address, & drivers license(only if driving) to the police. Do not volunteer information or answer any questions. Mr. Nappen's advice when asked if you have guns in the car is to reply by saying, Why areyou asking me that question? You see the police can only search if there is something in plain sight or if they have probable cause. If there is nothing in plain sight & you refuseto answer any question, the police will lack the cause to search you or your car. The onlyway of giving police probable cause is to answer their questions, which are designed totrap you. Do not consent to a search! As Mr. Nappen puts it, Men & women died for our rights, the least I can do is to exercise my rights. Second, ask for your attorney. Youhave a right to have an attorney present during any questioning. By asking for your attorney, you may not be interrogated. Third, do not consent to giving up your rights. Donot consent to a search without a warrant or sign statements without an attorney's advice.A right given up is a right lost. If the police stop you; do not resist physically, give your name & address only (license if driving), you do not have to answer questions or consentto a search without a warrant. If arrested say, I want my attorney. Do not be tricked,threatened, or persuaded into giving up you rights.Without a warrant or probable cause, evidence against you will most likely be thrown outin a criminal court case. For the many who are wrongly arrested for not consenting to police searches, Mr.Nappen will sue the police because they have violated your civil
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