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                 THE TEST QUESTION OF FREEDOM

"For those who want expanded government but claim they don't want power,
the test question is, "If you were to determine how much of your resources
and freedom you would like to give up to government, knowing that I do not
have to give up any of mine, how much would you give up?

  Those people want the power for you to give up your resources and freedom,
for their benefit."

Contributed by Mark Spear.

  ___________________________________________________

                   50 Points Of Freedom

1) You cannot impose freedom, but you can restrain tyranny. It is only        
   through constitutionally limited government that you can keep law 
   from becoming the will of those who have the power to enforce it.

2) You cannot simultaneously advocate for freedom and abdicate 
responsibility.

3) No one who understands history will ever trust a government.Evil
almost always
moves  just below the speed of notice.

4) More attention in America is paid to automotive choice and cable
programming than to
freedom. There will never be another revolution
in the U.S. as long as there is beer and
cable television.The only way
to get most people to care about an issue is to kick them in 
 the solar
Lexus of their wallet.

5) The founding fathers had another name for "gridlock" -
they called it "checks  
and balances."  Gridlock = freedom.

6) The purpose of voting is to endorse a pre-ordained result with the
patinaof legitimacy.

7) Eternal vigilance requires the study of great books.

8) You do not want to live under efficient government. Hitler's trains ran
on time, but many of
them went to the gas chambers.

9) Today we have sickle cell government growth, which has led to a
metastasis of
government. We  have statestatic governance. If the
mastersdo not restrain
their servant government within constitutional
bounds, theywill ever toil at the capstan of collectivism at
the behest
of  bureaucratic buffoons.

10) Ask not, what government can do for the needy. Ask what the
individual could do for
them if the thieving hand of government were
not so deep in his pocket. Charity should be
an individual effort, not
a group effort.That is collectivism and that depends on theft
(taxes).

11) Do not pray for easier times - pray for greater abilities.

12) Force and violence are not equivalent. Force is the amount of energy
necessary to
produce a desired result. Violence is an excessive use of
thatforce. Shooting someone is
 not necessarily an act of violence if it
is done as a last resort of self defense against
deadly aggression.

13) If your highest value is peace, you will give anything to get there. 
One of the first things
that is  usually sacrificed to get there is freedom. 
If your highest value is freedom, you are
 then willing  to use force if
necessary to preserve it. Peace then becomes a byproduct of
the strength
of being willing to fight for worthy convictions. This requires the notion of
being willing to give war a chance.

14) Pray for peace. Dress for war. You never make progress towards peace
 by collectivizing 
security. The only way you ever make progress towards 
peace is by having the individual
citizens of the country (those who are
able-bodied) take full and individual responsibility
for the security of a 
nation. And that is called the militia.

15) Stupidity should be painful. Failure to make it so encourages stupidity.

16) Asking permission to use what you own is a stupid waste. (See #15)

17) Government will ALWAYS commit the acts that aggrandize to itself
the greatest control, 
no matter what the economic or social cost. This
will ALWAYS be touted as a benefit.

18) Freedom is usually defined by government as a "loophole." You have 
to become an
 engaged citizen, not a customer of government services.

19) Bureaucracy is a creature of hermaphroditic stimulation.

20) Freedom isn't free, but it's a lot cheaper than slavery. Freedom is the
first true blood
 sport.

21) Slavery requires one party to be bound by each end of the shackles.

22) Nothing is so pathetic as those who cling to an idea whose time has
come - and left.

 23) Freedom does not exist on a left - right continuum. If the jackboot
of government is on 
your throat, what matter if it is the left or right boot?
You are either marching towards
freedom or tyranny, and if you are 
standing still then you are sliding backwards toward
the latter.

24) The more willing and fit you are to use force, the less likely you will
have to do so to keep
peace, and your rights. The less you are willing to
use lawful force,the greater will be
your exposure to attack. If you look
like food, you will be eaten. Those who beat their 
swords into
plowshares will end up plowing for those who don't.

25) Complaining bears with it the responsibility to compliment when
thingsgo right. If all you
do is complain, you become bitter.

26) Human nature has not changed greatly in thousands of years.

27) The fact that you cannot grasp the infinite mind does not detract
from its infinity.

28) We should never let what we don't have stop us from using what we 
do have.

29) Schools today teach that self esteem is more important than result. 
There is a word for
feeling good about poor performance: delusion. Self
esteem is an undefinable quantity.
Self respect  that comes from
accomplishment is priceless.

30) In any compromise with evil, only good stands to lose.

31) Written goals greatly increase the possibility of their attainment.

32) Skill at arms requires discipline and practice. So does almost everything
else, so firearms
are a great place to start. A gun is used as a tool of
situational dominance.

33) Any government that denies its citizens the means of self defense 
need not be obeyed or
financially subsidized.

34) If you believe in the concept that "tyranny could never happen here,"
remember that Hitler
was democratically elected. Government is our tool
and it is our job to keep it well
protected, sharpened, and in line.

35) Legal and lawful are not the same. Everything Hitler did was legal.
After all, he made the
laws.

36) There is no law requiring you to talk to any agent of government.
All contacts with agents
of any authority should be electronically recorded
and documented.

37) You should never attribute to conspiracy what you can put off to
 malfeasance.

38) The installation of idiot proof technologies has only succeeded in
the universe's 
production of  more idiots. So far, the universe is winning.

39) The highest and best use of a television is at the 50 yard line on a 
firing range with .30
caliber.

40) Freedom requires the maintenance of certain tools. Among them are 
firearms, a multi-tool
which is ALWAYS carried, and a computer.

41) Never in the history of man was there a genocide that was not 
preceededby
disarmament of the  victims. It CAN happen here.

42) People who are willing to hurt others will ALWAYS acquire the means
to do so.

43) Civility fosters a fertile environment for freedom.

44) Econonics is NOT a zero sum game. As with physics, for every action,
there is an equal
and usually opposite reaction..

45) Freedom is a zero sum game in a one to one relationship with authority.
You cannot
effectively govern a free people by the same standards you 
wouldcriminal conduct.

46) People will always do what is in their own best interest. Any rules,
 regulations, or policies 
that thwart the individual's interest will always 
cause unintended consequences.
Enlightened self interest is the best
reason to do anything.

47) Government's authority is only what its citizens cede to it. It therefore
 cannot possess any
powers that the individual does not have, or he could
not have given them to
 government.

48) The default setting on liberty is to the individual. If said individual is
not actively furthering
the cause of liberty in some way, he or she, by
default, is subtracting from it. Activism is a long, slow ascent into principle,
not a rapid parry and
thrust into victory. Be not frustrated but rejoice in
every discomfort of the anti-freedomists.  

49) Every attempt to control human conduct will cause unintended 
consequences.

50) Freedom is messy. It rarely fits our picture, but that's the great part -
It fits
the other guy's picture. The other side of the coin of freedom is
responsibility. Remember to flip that coin
as necessary so as not to 
mess up the freedom of others.

Souring The Milk Of Illegal Immigration

 

By Charles Heller

6/15/07

 

     No matter what side of the isle a person's on, they have to acknowledge we have a problem with illegal immigration. Many, many problems are caused or aggravated by it, from an increase in heretofore-eradicated diseases, to the loss of emergency rooms no longer fiscally capable of the strain, to hit and run accidents by illegals.

 

     Illegal immigration is not good for those who come here, either, although it is better for them than the places from which they come. Illegals here, are often not in a position to report crimes against them, nor can they file labor complaints. Their journey across the desert, if they come that way, is fraught with danger both from dishonest people, and nature. In short, it's a bad trip for them, and several hundred die a year trying.  No matter what side you're on, we can agree that illegal immigration is a bad thing, but how to solve it?

 

     There is a wide range of opinion, from "deport them all," to "amnesty them all." Let's look at the simple practicalities of it.

 

     "Put Troops on the border," some say. Well, we have a Southern border alone that is 1951 miles long. That would take more troops than we have to properly guard, not to mention pulling them from other areas of the world where they are needed. That does not count the Northern border or watching the coasts.

 

      "Regularize them all," proponents do not understand that many if not most of the people here illegally, are here for money, not citizenship. They either wish to work and send money home, or be a part of the social welfare network of our country. If you can do either without being a citizen, why go through the trouble of being "regularized?"

 

      "Deport them all," is an option that some of the most hard line people in the debate, espouse. Well, let's look at the practicality of that. There are about 1.2 million police officers in the United States, counting all uniform and non-uniform personnel, including FBI, Secret Service, Customs, Border Patrol, and every other local, state, and federal agency. That means that in any one shift, the very most officers on duty, on a good day are about 275,000. You cannot round up 12 to 20 million people with all those officers, let alone the few agents tasked with it.

 

     "Fine or imprison the employers who hire the illegals," say some. Well, once again, we have an enforcement personnel shortage problem there, too. There are too many workplaces and job sites in America to police them all. Furthermore, this has the unfortunate consequence of putting employers in a terrible position. They have no effective way of checking, except the Social Security System, if an SSN is matched to the name of a perspective employee. Enforcing against them, would be a placing the de facto burden of enforcement upon the private sector. That is not a good way to run a "public/private partnership," is it?

 

     "Build the fence," say many. Building a fence is a good idea. Paul Harvey says that, "good fences make for good neighbors." True. A fence is working well in Israel, as well, if we need an example, but it does not address the root cause of why people are coming here, and that is economic incentive. As long as that exists, people will find ways around a fence, through a checkpoint, and beyond their visa time period.

 

                                  So what to do? Sour the milk!

 

     The way you get people to not do a thing is to ruin their incentive to do it. It is that simple, though not that easy, to accomplish. People come here for the most part to earn money. They then send massive amounts of that money back to their home country. It is said that Mexico's second largest source of income, after oil, is money sent from abroad by individuals working outside their country. But how do you get people to stop doing what is in their interest to do? There are 6 points to sour the milk of illegal immigration. They are in the areas of money transfer, residence, automatic citizenship, health care, education, and sanctuary policy.

 

      First, Congress passes a law that is completely within the ambit of their authority: a financial act that makes it illegal to send money out of the United States if a person is not here legally, or assist anyone not here legally in doing so.  How would that work? Choke points.

 

     Money must pass through certain areas that are monitorable in order to leave the country. People either send funds through a currency exchange, a bank, wire transfer, or post office. It is a simple matter to make sure that each agent transferring money outside the U.S., make sure that a person is here legally in order to make that transfer. It is also a simple matter to have Congress include in that legislation, a requirement that a person be here legally in order to have a bank account, and reject the use of the "Matricula Consular" card, as I.D. That is the main facet of "souring the milk" of illegal immigration.

 

     Secondly, we sour the milk by impeding residency. As part of the legislation mentioned above from Congress, we make it illegal to rent or sell property to anyone not here legally, or assist anyone who does. We also include a provision that starting 180 days after the law takes effect, anyone found to have property in the U.S. while not here legally, will have it seized via criminal asset forfeiture. And the funds from proceeds of said sale go to building the fence.

 

     Thirdly, we address the "automatic citizenship" area of concern. The 14th amendment says:

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

 

     Notice that it says "subject to the jurisdiction thereof." Mexican citizens are subject to the jurisdiction of Mexico. The fact that they have come here illegally does not make them U.S citizens, neither should it make children of those born to illegals, citizens of the U.S. A law that says, "pursuant to amendment 14, all children born to persons legally in the United States, are citizens of the United States," would mitigate the "anchor baby syndrome."

 

     In 1986, a law called EMTALA, the Emergency Medical Treatment and Labor Act, required all hospitals which receive Medicare payments, to treat anyone who comes to them regardless of ability to pay or legal status. Change that law to say that in a life-threatening situation, they must treat, but not in non-life threatening situations if a person is not in the U.S. legally. That ends the unfunded mandate for healthcare for illegals, except in life threatening situations.

 

    In the fifth place, Congress should enact a law that only requires the education of children legally in the United States. If local jurisdictions chose to educate the children of illegals they may, but no U.S. tax money may go to that purpose. 

 

     Lastly, Congress needs to pass a law that denies any federal money whatsoever to any city, county, political subdivision, or state, that enacts a "sanctuary" policy in terms of its police, fire, EMT, school, or other system of or within government.

 

     What these 6 things do, taken together, is make it hard to transact money, get medical treatment for non life-threatening injuries, get education, or a place to live for people who are not here legally. If you remove the economic incentive, how many will still come illegally?

 

     This still does not address the needs of business that claim that there are jobs "Americans won't do." If that need still exists, it can be handled with an I.D. card, which contains an electronic scan of the temporary worker's fingerprints, retina, and other biometric identifiers, provided that that I.D. is prohibited by law from being used on American Citizens.

 

     A computer database of jobs, run by a non-profit company, can then be used to match jobs with applicants. It should be required by law that anyone not a citizen, working in the U.S., either has a job before they come to the U.S or a bond if they are coming here to run their own business, and the I.D. to swipe just like a credit card at said employer. A person losing his job or moving to another has 14 days to either get a new one or leave the country, or re-apply for more work through the database.

 

     The database could be authorized by Congress 18 - 24 months after the border has been secured, and the secretary of homeland security has certified that less than 3,000,000 illegal aliens are within the borders of the United States.

10 14 06 to The Saturday Morning Breakfast Club

 

      Good morning. It's good to be invited back. This, I believe, is the 4th time I have addressed
this august group. I distinctly remember that the first time I attended was in 1981 at the Aztec
in, when Bo Gritz spoke.

 

     Back then, at a very tender 23 years of age I asked out loud, "so will someone please tell me
what is wrong with a one world government?" My, how things have changed.

 

      It is nice to be invited to a group of people who really are interested in what you have to say.
It rather places a responsibility on the speaker, though, to say something intelligent. Seeing as
how I usually don't start until 10 AM at sounding intelligent, that may be a tall order, but I have
no intention to embarrass Carl Tretshock for inviting me. But sometimes it could be fun.

 

      Today my topic is how to do activism without getting hauled off.  Having been hauled off a
couple times, I suggest that not doing so is a better course of action, although your opinion may
vary. I wish to be remembered outside the hall of martyrs, as it were.

 

     For anyone who does not know, I host the Swap Shop Radio Show Sundays on AM 690 in
Tucson, AM 930 in Douglas, AM 1240 in Globe, from 10 AM to noon, where you can call in live
and buy, sell or trade anything you want that is lawful and moral. It is the almost unregulated free
market, governed only by common courtesy and common sense. (Although sense is becoming
somewhat less common.)

 

     From noon to one PM, Liberty Watch is about making sure government remains the servant,
not the master. At one PM is America Armed & Free, the only firearms related program originating
in the Southwest. I say firearms related, because if it has a muzzle, a nozzle, or a blade, it gets
talked about sooner of later.  That part of the show is also on KFNX in Phoenix, AM 1100.

 

     I also teach the Arizona concealed weapons course, for those of you interested in turning your
God granted, constitutionally guaranteed right, into a privilege, on pain of lack of privacy, and while
paying government to do so.

 

      I am one of the 4 founders of the Arizona Citizens Defense League, the group which this year
succeeded in getting Castle Doctrine passed and signed into law, put the burden of proof in self
defense cases back on the state where it belonged, and got the law changed to specify in writing
that governments that put up "no guns here" signs install secure lockers for storage of same.  It
is that which I am going to cover first in terms of success, however I want to cover some basics
about activism. 

 

     I'd like some audience participation. Would some of you please just call out some of the abuses
of government or authority?

 

      OK thanks, avast ye. (OK, so I overdosed on Hornblower.)

 

     Notice that there is no lack of things about which to be concerned. These are things I try to
address on Liberty Watch, but there are more abuses of both power and principle than any one
or any ten radio shows can cover.  Notice that an abuse of principle is just as serious as one of
power, parenthetically.

 

     First of all, no matter how much we want to combat all such abuses, we can't. Doing so would
require a full time activist. I'm as close as you usually get to such an animal, and I don't have time
to activate against all evils.

 

      So I'm going to suggest you select your activism targets very carefully on things you are going
to invest the capital of your time.  Figure out what it is you are most passionate about, and handle
those things as your highest priority.

     Let me give you a personal example: the largest racketeer influenced corrupt organization
operating in the US today is.. (Cup hand to ear.) That's right, IRS.  The tax honesty movement
has gained some momentum lately, and I'd love to do more with it. But right now there are other
fights that are more pressing, so I do not get involved much with it other than to stay informed,
because that is not the hill I have picked for my battle. I encourage each of you to pick your own
hill, based on what Thomas Jefferson once suggested, Q,
"laying its foundation on such principles
and organizing its powers in such
form, as to them shall seem most likely to effect their Safety
and Happiness."

      Think for a moment, if you would, what the most serious abuse is of freedom in your domain,
and work on it. You don't have to work on only one thing, but decide what one thing is your highest
priority, and do that first, and most.

 

     The nature of my work makes me somewhat multi disciplinary in my approach to the fight
against abuses of power, but most of you who know me know what my first passion is in those
abuses.  [Explain Squirt gun, use of inert objects to make point.]

 

     To that end, I come to my second point, after deciding what activism is most important to you:
study it. Become a minor expert in your topic. Read books, articles, and web sites which specialize
in that area. Join like minded groups. Get to the point where if you are in a debate or have a chance
to speak about your topic, that you can confidently quote sources and resources without having
to search all over for them. Being confident in your topic carries a lot of weight in convincing people
of the efficacy of your point.

 

      There is a saying in lawyering, "if you have the facts, pound them. If you don't have the facts,
pound the table." Well, I'm here to tell you that you don't need to pound the table if you have the
facts! 

 

     Third, associate with others that are of like mind, but understand that even like minded people
will have different ideas on how to do a thing. Don't make it so that everything has to be exactly
your way, or you will be a lonely activist.

 

      Let me give you a personal example: the core group of the AzCDL consists of 4 guys, Dave
Kopp who is the president, John Wentling who is the Vice-President, Fred Dahnke who is the
treasurer, and me, who is the secretary. Four more diverse, deep thinking people you will not find!
Dave is quiet, very soft spoken, quietly passionate, and very effective. He has been a activist for
years, and is a completely volunteer lobbyist for our group. He is tireless.

Dave does not get into arguments, he quietly persuades.

 

     John Wentling is a former Nuw Yawk cop who frequently stats a sentence with "listen you
blank blanker." A little less subtle than Dave.

 

      Fred Dahnke, our treasurer, is a quiet, retired government worker, accountant and paperwork
kind of guy, who is as committed to proficiency with a sidearm as any civilian out there. He goes
to Front Sight four times a year and takes all kinds of classes to keep up his skills. He has no
use for rifles because his eyesight does not allow for their use. Fred has what I call a "50 yeard
halo" around him, and woe betide any threat to his person at that distance.

 

      Now, we come to your speaker.  I'm not so soft spoken as Dave, given to an occasional
passionate outburst, although articulately so, I hope, and a good bit more gregarious than most
of the other three. My point is that we are each effective at what we do.  It does not matter that
we come from diverse backgrounds an experiences. It matters that we make the progressive
realization of our goals, more important than who gets credit for their achievement. 

 

      Fourth, decide how far you are willing to go with your activism. Let us say that you have
picked out the target of your activism, and you are informed about the laws surrounding it and
the rules that government is supposed to be following. Decide in advance how far you are willing
to go with an individual gesture of activism. Some of you know that in April of 03 (waaaay back
in aught threee) I had a little face to face meeting in Reid Park with the Tucson Police Department
about openly carrying a gun in said park. As a result of that meeting, they now have a new policy
that they will NOT arrest anyone found carrying a gun openly in the park, as was their previous
policy. Furthermore, there is now a 6 minute in service training film that all TPD officers must
watch on dealing with lawfully armed persons in the parks, which came out of Sgt. Jim
Stoutmeyer's efforts.

 

      The reason he was able to do that is because I took my activism with him to the limit of
civility, but not beyond it. I gave him room to obey the law without threatening his person or
challenging his authority.  I simply questioned his application of the law, and pointed out
nicely the consequences of violating my civil rights under color of law. Suddely the topic of
the day changed from the silly little Glock 27 on my left side, to, "Sgt Stoutmeyer, I can't
protect your certification to be a peace officer if you don't obey the law." Suddenly the basis
of the conversation was irrevocably shifted.

 

      Fifth, we come to watching your words. Everyone has a territory, and people can get
pretty territorial in their perceived "domain." Let's use my example in the park with TPD.
Here we have a situation where I am facing 4 police officers while I am openly carrying a
sidearm. They are asserting that I may not do so. I am politely explaining to them that I
am certified to teach the law they are attempting to enforce, and they are not doing so
lawfully. No tension there, right?????

 

       I am here to tell you that as a CCW instructor, more people get in trouble for what they
SAY, than what they DO. You know the Miranda warning? What does it say? Anything you
say, . (fill it in for me here guys.)

      Know what you are going to say before you meet the nice public servant or the petty
tyrant, as the case may be. You goal should be to inform them of the proper procedure or
conduct, not, to be right. If you goal is to be right, go join a debate society. Our rights and
precious freedom is too important to be sacrificed on the alter of our egos. Fold up your ego
and put it in your holster underneath your sidearm, please.

 

       In dealing with government agents and people in control of premises or areas we frequent,
being civil goes a long way. I am NOT talking here about rendering lip service to the derriere of
petty bureaucrats! You can be plenty harsh without being either coarse or truculent. People
today are not as used to civilty as they once were, and a polite, "with all due respect, that is
not what the law says, sir," will get you a lot further than crude anatomical references, like,
"no it's NOT, you elbow!"

 

     Sixth, If you are going to commit an act of civil obedience (after all, if they are not following
the law, they are the ones committing the civil disobeniance) get the circumstance right before
you do it. Record the event on video, or at least audio. Have witnesses. If possible, have a copy
of the law with you that shows that what you are doing is what is within the law. Be smart, have
a copy with you that you can afford to part with. Keep an extra copy of that law in your Palm
or PDA.

 

     Now I want no snickering out there among those of you who know that 8 years ago I was
anti-technology. We all have to grow up sometime. Besides, how else am I to maintain geek-
hood if I don't surround myself with gadgets?

 

     Speaking of gadgets, I come to my seventh and last point of activism: have the tools of activism
handy. That means carry a digital camera to your activism, and have a way of recording any
encounter with governmental employees or law enforcement officials.  And don't drive away
from your activism with expired plates - you don't want to give them a handle on you!

 

     So to recap, first, decide what abuses of power or principle are most important to you. Next,
get informed about them.  Third, associate with those of like mind. Fourth, decide how far you
are willing to go. Fifth, watch your words. Sixth, set the circumstances for your activism so that
the results fall to your favor. An seventh, carry the tools of successful activism. Oh and an adden-
dum, try not to get into pitched battles with your own side. The only results you get out of inter-
necine warring is a lot of damaged Nissans.

 

      The reason that AzCDL (Arizona Citizens Defense League) won the organization of the year
award from the Second Amendment Foundation at the Gun Rights Policy Conference this year
in Charlotte, is because we have figured out how to influence the legislature and get the gov to
sign our bills. I would like each of you here to consider joining AzCDL  Imagine what we could
do if we sent out an alert and 1000 people picked up the phone and called their legislator. That
could shake the foundations of the statist infrastructure, no? If the people lead then the leaders
will follow. I have applications here so that you can join us among the leaders.
____________________________________________________________________________
Who Is The Good Man In A Storm?

 

4/06
by Charles Heller

 

     Tom Clancy's protagonist, Jack Ryan, describes a person to be "good man in a storm." 
What does this mean?

 

     The "good man in a storm," does not lose his bearings or his balance in the rough seas of
crisis. He maintains both his attitude and his judgment in a crisis. How is this done?

                       

     First and foremost, it takes a person focused on one thing: the principle of correct action
to a correct conclusion, or the consequences of a bad conclusion despite right action. That
is not a simple statement. A person focused on doing the right thing in a crisis knows
inherently that sticking to moral action may not always yield the best of personal
circumstance. He is willing to disregard much personal risk in order that the right outcome
be obtained. This requires moral courage that is not developed over night.

 

     The foundation of right moral action is usually a set of learning experiences directed
by the good moral compass of a person's role models in life. Sometimes books can
be substituted for bad role models, but that method takes a hell of a lot more imagination
than simply following a good example. It can also sometimes be stimulated by negative
example, but that is a much harder struggle.

 

     In a practical sense, it usually comes down to small correct steps. Sometimes, really
small correct steps. It is removing the garbage in the can to the dumpster when it is full
rather than trying to compact the trash one more time. It is doing the basket of laundry
that your spouse is too tired to do, even though it is not "your job."

 

     The good man in a storm, or GMIAS for short, is not bothered by the fact that a thing
that needs to be done is not convenient. He simply does it. Next.

 

     Doing the right thing immediately is rather like re-tying your shoe when the lace has
come lose, but is not yet untied. Why bother to slow down and re-tie it if it is not untied
yet? Because when it does, the risk of tripping on it is greater than the time spent to
re-tie it.

 

     GMIAS is not consumed with anxiety over who will get the credit for a job well done.
He is steadfast on the goal that the job get done, and is not terribly concerned with who
gets the credit. Does that mean that he is selfless? Certainly not. He understands that
in order for the world to work, he must do the things that are necessary to be accomplished,
absent any acknowledgement for their accomplishment. 

 

     This is not honesty for the sake of honesty, but acknowledgement of the principle that
what goes around, comes around. Nothing is more painful to the skull than the boomerang
of bad action. Conversely, it is not always apparent that right action will bring with it a
benefit. The good man in a storm is one who does the right thing anyway.

 

     GMIAS understands that there are moral pillars of the community, and that by his action
he may either add to their strength or to their decay. Ultimately, he realizes that the only way
to live in a healthy and safe community is to act in ways that support it, outside of a desire

 for personal gain. This is NOT altruism; it is the realization that a good society starts with
good actions. In some respects, it is a product of a long term view of enlightened self interest.

 

     The good man in a storm does not treat people with respect in order that he be treated
the same way. He simply realizes that if he does treat people with respect, that that will be
the natural result. Natural result may indeed be a good way of looking at the good man in
a storm. He is trying to stay on the right side of natural law. Another way of looking at it is
to say that he knows water does not flow uphill, so he builds his stream collection device
down stream. Though he may be hailed as a genius later for doing so, the real reason for
building it that way is a thorough understanding of gravity. The laws of sewing and reaping
do not change with those who use them. Nature is no respector of persons.

 

     GMIAS understands the principle of "the bubble." The bubble is the indicator in a level
that shows the angle of pitch or roll away from center. He does not let external circumstance
disturb his accurate view of a true level. That requires a certain objectivity and divorcement
from the temporary tirade of emotion. It also requires "tri-focality."

 

     "Tri-focality" is the ability to see what is going on right in front of you. Pilots call it "situational
awareness." But it is also the ability not to get so focused on what's going on in front of you that
you run into it. Pilots call that "target fixation." Tri-focality is the ability to see what is right in front
and around you, what is ahead in the distance, and what the result is of that course. It is the
culmination of observation and vision. It is the proper tactical application of the strategy of
right action.

 

     The good man in a storm realizes that awareness alone is not sufficient to win the day.
That requires not only awareness, but the willingness to carry the right tools of proper action
and to act.

 

     Sometimes the good of a whole country is secured by a single pocket knife. The good
man in a storm does not worship the knife, or any other tool, he simply accepts the carry
of it as necessary to the greater good of a free society.  The same is true of any other tool
of freedom, whether it shoots, cuts, or turns the lock nut of liberty. (The lock nut of liberty
tends to restrain the wing nuts of statism.)

 

     A fire extinguisher makes a lousy room decoration, but it may preserve that room or
the whole house by having it there when needed. The good man in a storm somehow
figures out the compromise between the ugly room decoration and the necessity of fire
fighting equipment. It sometimes is that simple. It is an intersection between the near
term awareness and the strategic vision of the future.

 

      In order to maintain tri-focality, the good man in a storm must not only stay current
on technology and history, but also understand how the modern world and local situation
correspond to it. This requires the constant and ongoing study of great books, as well
as the willingness to be found to be wrong and correct it.

 

      GMIAS is not afraid of the use of force, nor is he enthused about doing so.  He never
makes the need for force into an opportunity to use it. He understands that force and
violence are not the same thing at all, and that force only becomes violence when it is
excessive. Force is the amount of energy needed to produce a result, nothing more.
Violence is force that exceeds the amount necessary to produce the correct result.
The good man in a storm does not exceed that limit, so does not fear the use of
necessary force, either with people or things.

 

     Neither is the good man in a storm afraid to take charge where leadership is the
indicated function. This is done to move forward the needed accomplishment, rather
than aggrandize the self. GMIAS understands that when something needs to be done
to save life, guard against injury, or protect property, he just does what is necessary
and sorts out the details later. Although some people see this as brash, the GMIAS
does what is needed anyway, and without the so-called "stove pipe" of regulation.
He simply acts.

 

     GMIAS realizes that sometimes his actions are perceived as a threat to the
entrenched power of appointed or elected "good men before the storm," and is not
threatened or deterred by them. He sees them as neutral to the action necessary to
be done in a crisis, especially if the "good men before the storm," are not present.
He acts. He does nothing to deliberately insight the ire of such persons, other than
the natural consequence of right action offending wrong persons. He takes no delight
in the offense of wrong persons, merely pleasure in the right result.

 

     This is the natural product of correct action, the feeling of accomplishment of a job
well done, never the joy of "being right." He would view "being right" as to the detrement
of doing right, which is anathema to GMIAS. 

 

     The good man in a storm is rarely appreciated before a storm, and frequently not
afterward, either. That is his lot, and he accepts it without complaint.

 

     The good man in a storm is just as easily a woman or a man. Right action requires
no particular human plumbing. Neither is this moniker dependent upon one's function
or profession, although certainly certain personality types are more drawn to professions
where GMIAS qualities are called upon. Look around. The most likely GMIAS is the one
with the multi tool on their belt, but there are stealth good men and women in a storm
among us. Go be one of them.

H. U. E. O. & "Swivel On A Pivot"

           H.U.E.O. Means "Heads up, eyes open."

           It is a philosophy as well as a procedure. It means that you are aware of both
your ambient  environment and the consequences of it. It means that you are thinking
ahead for what the signs in that environment indicate for the future, as well the present.

           You cannot be free if you do not know where you are going or what lies ahead
of you on that path. H.U.E.O.

Condition White: The mental state of liquid paper. Unaware of surroundings.  

            If attacked while in this condition, or encounter some natural disaster, it is
difficult to shift mental gears fast enough to overcome the situation. You are likely
to get hurt if you walk around outdoors in this state. If you are too busy to look
where you are going, you are too busy.

Condition Yellow: A relaxed state of alertness undergirded with the knowledge that
there are people and things in life that can hurt you. You are non-paranoiacally aware
of them and havea plan in mind to deal with the things that might come up. You have
a plan.

 You know what to do in the event of emergencies or danger. You have the proper
tools of rescue at your disposal. You have the proper notifications in place with
your family and friends for your situation. The concept of having a spare part for
that which might break is not foreign to you.

Condition Orange: You have detected something wrong, out of place, or dangerous.
You smell natural gas in your home, someone begins to change lanes through you,
your car or home alarm system goes off. A specific threat or danger exists. Because
you were in yellowwhen it happened, you either already knew what you would do if
this occurred or formulated a quick plan.

Condition Red: You are in flight or fight. You are either removing yourself and family
from danger or in a life or death struggle to defend same.

            The H.U.E.O. mindset allows you to be ahead of the activity in your life, rather
than behind the curve of it. Instead of the activity around you being a trailing indicator
of reality, it is a leading indicator. You can then be at cause of what happens to you,
rather than at effect.

            One method of maintaining the H.U.E.O. mindset to stay in condition yellow
is what I call, "swivel on a pivot." It means that your consciousness can look at any
angle to perceive a threat, danger, or important fact about your environment. It
includes some study of the evil of which man is capable, a sharp eye to what is
going on, and the willingness to look around corners and have a bright flashlight
for the occasional dark corner, both physically and metaphysically.

            "Swivel on a pivot," means that you can and do turn to face any threat,
physical danger, and internal or external crisis with the flexibility of a view toward
a solution. That view may be either standard or asymmetric, but it looks toward
solution and survival. The important point is that it always looks.

If Dr. Seuss Talked To Your Minister

If your minister says it's sinister cause y'all go out and shoot

Cause about the Bill Of Rights he doesn't give a hoot,

Then get savvy  bout your history and you'll soon become astute

On the lessons that it teaches about freedom, faith and truth

 

If he says that they are evil and you shouldn't own a gun      

And he thinks they are for killing - never safety, food or fun,

Then ask how St. Gabriel of Posenti saved a town when in the lurch,

by a pistol demonstration with the blessing of the church!

 

If he says that they're too easy for children to obtain

Ask why 40 years ago most schools contained a range

And rifle teammate members gladly brought them on the bus 

And never once an incident for anyone to fuss

 

If your minister says it's sinister 'cause your family you'll defend,

And he does not understand why your firearm is your friend,   

"Cause he thinks the cops must save you if 911 you dial,

Just ask him if a court has ever said such at trial?

 

The state's not liable says the court to grant for you relief by tort

From evildoers' rape and pillage, if cops fail to save our village.

If all that's necessary for evil's reign, is from works of good we abstain,

Then by who's hand will evil be rooted, if not by good they are shooted?

 

So ask your reverend - teacher - friend, who it is that will defend

"gainst murder, robbery, plunder, rape, when laws say guns must be in safes? 

And what if - God in Heaven forbid - of another Hitler we must be rid?

With blessing for tyrantacide, by what method will good abide?

If not by rifle, pistol, bludgeon, knife, by what means will we protect life?

 

       =================================================

        THE JUSTIFICATION FOR THE USE OF FORCE IN SELF DEFENSE

                                by Charles Heller

     In order for you to be able to use force to defend yourself under Arizona law,  the threat
against you must have both of two conditions:

1) The threat against you must be immediate.

     You CANNOT use force against a future threat. If someone says to you, "I'm going to
go home, get my .45, load it with  hollow points, then come back and shoot you in the
second shirt button", you CANNOT use force on this person. It is a future threat.

2) The treat against you must be an UNLAWFUL act.

     The act that someone commits must be a crime for you to be able to use force
against them.

A burglar has no "right" to self defense during the burglary. The standard of the use of
this force
in self defense is what a reasonable person would believe is immediately necessary
under the circumstances.

     The use of physical force is NEVER justified by verbal provocation alone, or to resist an
arrest that the person knows or should know is being made by a peace officer or someone
acting at the direction of a peace officer, unless that force used to make the arrest exceeds
the amount of force allowed by law. Resisting arrest is a felony.

     In order to maintain the viability of self defense in any prosecution, the user of the force
must clearly communicate to the other combatant that they have no desire to engage in a
fight, and to stop using force if the assailant withdraws or clearly communicates their desire
to withdraw.

     Example: You're on a Saturday husband drag through the local busy mall. While distracted
by the widow display at Fredrick's, a local baggy pants home boy, bumps into you, then
becomes irate. As he approaches you in a hostile manner, YOU must deescalate the conflict.
Even though he bumped into you, it is wise to apologize and carefully withdraw from the
conflict. If you engage in any fighting words, or you assume a "fighting stance", the witnesses
will report "an altercation". This will not go well for you when the police arrive. If on the other
hand, you carefully back away from the assailant with your hands in front of you, palms out
so that you can shove him away if necessary, you preserve your physical posture and your
legal defense as well. The witnesses will now report an "attacker" and a "defender".

     Tell him that you are sorry, and that you want no part of him, and to leave you alone. If
he persists, order him away in a increasingly louder tone. If he gets within striking distance,
tell him you'll use force to defend yourself. If you have a defensive tool such as pepper mace
or an ASP baton, now is a good time to get it ready. Remember that unless he has a weapon,
deadly force is neither called for nor justified.

     If you are a guy, don't use profanity. It sounds angry. If you are a woman, get as blue as
you can. It shocks a bad guy because it is less expected from women and it tends to throw
a bad guy off guard.

     One more thing - if you carry any weapon and you allow an altercation to escalate without
trying to deescalate, the fact that you brought the weapon is evidence against you as to the
premeditation to use force. Remember that courts have little to do with the truth. They have
to do with what you can make people believe. 

                                                Charles Heller

           ___________________________________________________________

  Op Ed in Az Star 3/03:

           As an investigative journalist, I have gone along with the US Border Patrol on foot
and vehicle, in Douglas, Nogales, Tucson, and Arivaca, and have been in the tunnels under
Nogales.  I have also gone under my own aegis by vehicle and on foot.

          The courageous foot soldiers of our Border Patrol are held in political stalemate by
bureaucratic rules. They are overrun with illegals in a revolving door scheme of "catch and
release," as pointed out in Michelle Malkin's book, "Invasion, How America Still Welcomes
Terrorists To Our Shores." 

          As to violence, there is not one documented case along our border of any lawful group
causing a death or injury to an illegal. There are many cases of illegal entrants causing injury
and worse. May I call your attention to the fact that a great  American, US Park Ranger Chris
Egele, was recently murdered by such a trespasser on our soil?

          One of the most notorious serial killers, Rafael Resendiz, an illegal alien, murdered 7
US citizens AFTER being in and out of INS custody, due to bureaucratic malfeasance. He
had already killed 5, and FBI knew who he was, asked that a hold be placed on him, and
managers at INS failed to do it. That is the level of "service" offered by our government. It
is but one of a litany of such cases, according to Michelle Malikin when I interviewed her
on my radio program.

          Among those whose silence is deafening on this issue are environ-mentalists. The
damage caused to native plants and species is horrific. The damage to  livestock from
ingesting garbage left by illegals along known egress routes is appalling.

          Chris Simcox's group consists largely of retired military and law enforcement officers.
Roger Barnett, a rancher who has made armed arrests of illegal aliens, is  criticized by those
who place emotion over fact. Most don't realize that he's a retired sheriff's deputy. If you
trusted these people to serve the country when they received a government paycheck,
why not now?

          Respectfully, I remind you that in our constitutional republic, the people are the
government. It is our job to keep the leadership from falling into folly, not the reverse.
We the people must show leadership and set the example for  proper conduct of officials.

          Simcox's group is NOT taking the law into their own hands. They are taking it upon
themselves to deliver the illegals to the hands of the law. That is NOT  "vigilantism." It is
the highest spirit of volunteerism.

          As to citizen arrests of illegal immigrants. I call your attention to Arizona Title 13,
Chapter 3884:   A private person may make an arrest :

     1. When the person in his presence committed a misdemeanor amounting to  a breach
of the peace, or a felony.

          Would that Barnett or Simcox's group would have peaceably arrested Egel's  killer
before the fact, or a Rafael Ramirez BEFORE their vile acts of predation upon a peaceful
people. Simcox and Barnett should  be seen as protectors, not transgressors, as some
have painted them.

           The Tenth Amendment says, "The powers not delegated to the United States  by the
Constitution, nor  prohibited by it to the states, are reserved to the States  respectively, or
to the people." "The people," like Simcox  standing in the gap created by government's
malfeasance. Long may they stand.

          Let's roll - to the border.

                    Respectfully,

                    Charles Heller

                    Concealed Weapons Instructor

                    Liberty Watch Radio AM 690. Sundays,Tucson

            ________________________________________________________________

 9/9/00:

                I had an "encounter" with the Pima County Sheriff's Dept. tonight that may prove
instructive. I did not remain completely silent, breaking my own rule, and to my detriment.
Read on, especially one of the questions asked by TPD, who backed up the stop, as did
3 other sheriff's deputies.

                Joann and I were on the way home, her Toyota following my van. I had just spent
5 hours being stranded in front of the Coronado Post Office on Rosemont & replacing a
starter, missing an important business meeting. At 2225 an S.O. vehicle slipped between
Joann's Toyota and mine and pulled me over, just West of Alvernon on Ajo. Deputy Pastian
(#1158)  asked for my license, registration, and insurance, which I provided. He explained
that I had no license plate bulbs, a broken taillight, and expired registration. (All true.)

                He noticed that I was wearing a white tyvek set of coveralls ($5 at Harbour Freight -
a good idea for a trunk item in case your car breaks down and you have to lay on the ground
and fix it without ruining your good clothes) and asked what I had been doing tonight. I said
that I had spent the last 3 hours under the car replacing the starter. He asked if I had been
drinking. I responded that I practice an alcohol free lifestyle, and did not even like aspirin.

                He then asked what the contents of the rear of the van were under the sheet. I
responded that I reserved all my rights, including that of the privacy of my goods. He then
asked "is there anything you want to tell me about what's in your van - anything I should know
about?" I again reaffirmed my desire for privacy, informing him that I didso with the utmost
respect for him and his department, and that I had no ill will.

                He went away for a few minutes, then came back and asked me "if there is anything
in here that could stick me shoot me, or blow me up?" I told him that there was nothing
dangerous to him within my immediate reach or control in the vehicle, but that it didn't matter
if there was, as I had no harmful intent against him. He asked again and I gave him the same
answer. He told me that it would be a few more minutes.

                Unbeknownst to me, Joann had circled back around the block and parked behind
the arriving backup units. The first one she encountered was an affable TPD officer, to whom
she volunteered that she was my wife, in case they wondered what she was doing there.
When he asked her for I.D. she declined, saying that her I.D. was in the fanny pack on the
seat next to her with her gun and CCW permit, and she had no intention of touching it, but
he was welcome to take it and take her I.D. from it. (Smart

girl, wonder who's class she learned that in?) To her suprise he stated that he thought honest
people's posession of guns was a good idea, especially responsible ones like her, and it was
O.K. with him if she picked it up, just please take out the wallet and leave the pack on the seat.
She complied, then said, "don't you think all the other officers would be more comfortable if
I stood away from the car?" He quickly agreed (gee, why didn't THEY think of that?) and she
got within 25 feet of where I was now standing. (She did this to be a better witness, not comfort
the cops.... Experience has taught us to stick together on these things...)

                Deputy Pastian had by then asked me to exit the vehicle and lean on the fence in front
of Bishop Auto Sales. I took my planner, put the keys (2 sets) ON THE DASH BOARD, exited
and LOCKED the vehicle, complying by sitting on the fence. Deputy Pastian then explained
that he was awaiting the arrival of the drug dog. I informed him that the Supreme Court had
set 20 minutes as a reasonable limit. He told me, "that  never happened". I offered to get him
the cite, and he repeated, "that never happened." (Somebody PLEASE give me the place
where I can get a copy to give this guy.)

                Joann was merrily chatting away with the "sworn" congregation, as the drugcopmutt
investigated my (locked) van, twice around, escorting a large, in shape deputy (condition one
.45 in SAS drop rig, set far too low to be effective. Had to be S.O.) They asked her why I was
"acting weird, driving poorly, and wearing a "chemical suit"? She told them that they'd act
wierd too after 3 hours under the van, and if I drove poorly it was due to tiredness. Also, that
wasn't a "chemical suit" but a coverall she insisted I wear to protect my cloths.  They wanted
to know why I didn't reveal what the contents were, and what were the contents? She mentioned
my full set of tools and advertising catalogs and samples, and explained that we believed in
preparedness as I had learned in Scouts. They asked her if I had a gun in the van and she
said it was possible, but that I probably didn't have it on. At that point Deputy Pastian
approached me and asked if I was armed, and to see my CCW permit. I complied, stating
that "seeing as how ARS 13-3112 requires it, I would comply. (And did. I thought about
refusing, as I was not armed, but what would that achieve?    

                Now here's the kicker: They asked, "are you a CONSTITUTIONALIST?" her answer:
"Why yes, ever since 8th grade when I learned about our wonderful founding document. If you
mean by that "am I a member of a militia" then no, I'm a Republican, and I VOTE!" They then
asked if I had any "chemicals" in the van, and she said, "not unless you consider a fire extinguisher chemicals." (TPD laughed, S.O. scowled.)

                Deputy Pastian left me with a ticket for expired plates and no bulb after 35 minutes.
He was clearly not pleased that I had challenged his "authority" to know the contents of my
vehicle. I wish Joann had not said anything about my stuff,  but she is a "peacemaker" with
an aversion to seeing me lead off in irons at the roadside again. Guess this is the collision
at the intersection of feminine and principle, but I was happier to have her company (and
testimony, if it came to it) than the exact "right" answer.

                Lessons:

1) Them thar ocifers of the law have got a lot of "profiles" for people to fit.

2) My "police officers deserve better pay sticker did me no good, and has now been

    disproved anyway. I'll think about it, but it's probably history.

3) Keep your vehicle in TOP shape to deny probable cause for a stop.

4) I should have refused to converse from the very start.

5) KNOW WHAT YOU'RE GOING TO SAY BEFORE HAND EVERY TIME!

6) Resistance is NOT futile! I suspect the deputy may have tried to let deputy dawg  into my
van for a sniff if it was not locked.

7) Boy would it have been easy to plant evidence if I hadn't locked it!

8) To the fullest extent possible prep your wife with the "right" answers. (She won't decline to
converse so as not to "make them more suspicious" I wish I could  find some way to teach
her about admissions against interest.... Good suggestion are welcome, if they don't end in
"yes, dear".)

                                                                 In Liberty,

                                                                Charles Heller

                                                                Tucson, Arizona

                                                                (520) 419-2500

       ________________________________________________________________________

When they took for the second amendment, I didn't own guns so I said nothing,

When they took the fourth amendment, I didn't deal drugs so I said nothing.

When they took the fifth amendment I was inocent, so I said nothing.

Now they've taken the first amendment and I can say nothing.

       __________________________________________________________________________

                              5 Proposed Constitutional Amendments:

                                                           AMENDMENT 28

          All laws made by congress shall expire 12 years from their enactment  date. Laws enacted
by congress before 1940 shall expire 5 years from the enactment of this amendment. Laws made
between 1940 and the enactment date of this amendment shall expire 10 years from the
enactment date of
 this amendment.

          Congress shall not delegate the authority to any agency, department, or office of the
government to make law or administrative rules that bear as a consequence a penalty of more
than $100, or any term of imprisonment. All such rules in existence at the time this amendment
is enacted shall expire three years after its enactment date.

          No law passed by Congress shall include more than one subject in the most narrow d
efinition. No omnibus or multiple topic legislation shall issue from Congress except the federal
budget, which shall contain money disbursements only, with no riders.

          The number of votes needed to pass a bill from either house  is 2/3 of the total members
of each respective body.

          All laws of The United States shall be interpreted in the strictest definition of their meaning
in plain language, and shall remain law notwithstanding any court decision, except by finding of unconstitutionality, in which case the whole of that law is voided.

                                         __________________________________

                                                               Amendment 29

          Only those persons born in the United States to citizens of the United States, are citizens.

                                               _______________________________

                                                               Amendment 30

          The 16th amendment is hereby repealed.

          Congress shall have the power to tax the states no more than 1% of the money exchanged
in the business transactions within each state, but not between individuals.

          No other taxes of any kind except a maximum 5% excise tax, or user fee, shall be levied,
assessed, or collected.

          No tax, levy, or excise fee shall be collected upon constitutionally enumerated rights, in all
articles.

          Congress shall spend no more than 98-1/2 % of the actual receipts of the taxes on the
annual budget, except in time of declared war or declared national emergency by 2/3 of both
houses.

          The 1-1/2 % surplus shall be used to pay the debt of the United States. When paid, the surplus
shall be kept in perpetuity for contingencies and emergencies as Congress shall deem appropriate
by a 2/3 majority.

          The standard of the United States shall be gold, and this shall be  printed or stamped on all
currency.

                           ________________________________________

                                                          Amendment 31

          The 17th amendment is hereby repealed. Senators will be elected by the legislative bodies
of the respective states.

                            _________________________________________________

                                                                             Amendment 32

          No forefeiture, seizure, or holding of assets shall commence under civil or criminal law
without first due process of law before a jury of one's piers, and upon felony conviction.

__________________________________________________________________________

TPD Changes "Guns In Parks Policy" Due to Activist's Efforts

4 29 03

           Today I had an encounter with 6 of TPD's finest. Long story, short point. I held my

ground and won.

 

            This morning at Reid Park in Tucson at the band shell I attended a support the

 troops rally, representing KJLL Radio and Liberty Watch. As a free person, I open carried 
my Glock 27 in a black leather strong side thumb break with offside mag pouch. I wore a
KJLL AM 1330 t-shirt and BDU slacks.

 

            About half way through I was at the front in the shade next to the news director

 Nicole Cox when TPD Sgt. Stoutmeyer walked up. He was eyeing the crowd very

 pointedly. He was very alert and observant. I struck up a conversation with him

 for about 10 minutes as he scanned the crowd, then walked off. My open carried

 magazine was within 20" of him.

 

            At about 11:20 I visited the latrine and on the way back was politely hailed by 2

 TPD officers, one a fellow named Brown. They told me I couldn't be in the park with a

 gun. I thanked them for being observant, gave them a business card (they had not

 asked for I.D. but I wanted to be open with them.)

 

            I told them that respectfully, ARS 13-3108 prevented them from regulating that 

 when I had a CCW permit, and showed them the permit. Brown asked me if that was

 an ASP in my front belt line. When I replied in the affirmative, he asked to see it, and I

 handed it to him. He commented how light it was, then hung onto it. (Smart cop. The

 baton is far more of a threat to him at our range than the gun.) They never took the

 gun or assumed an offensive posture with me. They asked nicely if I'd wait for their

 Sergeant, and I said, "Sgt, Stoutmeyer? I just talked to him."

 

             Stoutmeyer came over looked at me, and said, "you?" I stood next to you

 for 10 minutes and saw no gun. I replied, "yeah, I talked to you in part so you could

 discuss the gun if you were going to. I was really admiring your alertness. I'm left

 handed, so that's probably why you missed it standing to my right. As a CCW

 instructor, I teach people to not miss the obvioust."  (He winced.)

 

            He told me that the gun was legal only if concealed, according to the Tucson

 ordinance. I told him that the ordninance was silent on concealment, and that if he

 tried to enforce what was not the law in a policemen's uniform, that it was depravation

 of civil rights under color of law.

 

            "Sgt. Stoutmeyer, what is the TPD policy on officers who exceed their authority?"

 

            "There are sanctions for that."

 

            "Sgt., I can't protect you if you don't obey the law. I am trying to shield you from

 harm here, and I am not giving you a hard time. If you are not enforcing the law you

 swore to uphold, what good are laws? 18 USC 241 is a felony sir"

 

            "Good point. I'll call the legal advisor."

 

            "OK. I'll be under that tree over there if you want to talk, except when I'm on stage. 
Brown said, "what do I do with this? (My ASP baton.) I stepped forward and took it as
 
Stoutmeyer said, "it's his."

 

            15 minutes later, Stoutmeyer beckoned me to the tree. "Legal advisor says it

 must be concealed. If you carry openly then the next guy without a permit will see

 it and think he can do it without a permit. I have to ask you, since you are tape recording

 this, to either cover it, put it in your car, or my lieutenant says I have to cite you."

 

            "OK Sgt. This is not the hill I want to make my stand on and disrupt the activities.

 I'll untuck my shirt so as not to back you into a corner, but we are not through. Please
show  me the written law that you are enforcing. I am not mad at you personally, but the
law is silent on this and you are exceeding your authority."

 

            "I thought you'd say that so the legal advisor is on her way here with it in writing."

 

            "OK. When it gets here, we'll take the next step. This is not my forum, but we

 are not finished."

 

            20 minutes later, he becons me over. "OK, here is the law." (Hands me a xerox.)

           

             Tucson City Code, S 21-(3) Relating to recreation. No person in a park shall:

     (2) Hunt, trap, or pursue wildlife at any time: use carry or posess firearms of any
description without possession of a concealed weapons permit issued persuant to
ARS 13-2112.....

 

            "Hey, it says nothing here about concealed. You have a point."

 

            "Yes Sergeant. And if you tell me it has to be concealed, and it doesn't, you have

 exceeded your authority under color of law. Now the city council may have intended that

 it be concealed, and if they write the ordinance that way I'll do it. But preemption doesn't

 give them the authority to regulate that, and if you try to enforce it, what sanctions might

 you suffer? I'm trying to protect you, sir"

 

            "Ill call the legal advisor."

 

            (At this point my Title 18 warning card is still rubber banded to the tape recorder.)

 

            12:50 PM, under shade tree east of band shell, witnesses Nicole Cox, Mike

 Fascetta, John Campbell, Pat Johnston:

            "Mr. Heller you are right. The law doesn't say concealed. I apologize."

 

            "Seeing as how you were just doing what they told you, no need for an apology.

 I am, for the record, tucking my shirt in."

 

            "Thank you for your attitude of not being combative with us."

 

            "Thank you for understanding that government is the servant, not the master.

 (At this point state rep Randy Graf walks up.) You know, if the North and South had treated

 each other with the same mutual respect as we did today, there might not have been a

 war between the states. I just watched "Gettysberg" last night. I have the director on my

 show tomorrow."

 

            "Will this be on the radio?

 

            "Oh I promise you the oxygen of publicity, Sgt. Stoutmeyer.

 

As an addendum to this story, Sgt. Stoutmeyer called me the next day and said that there
was now a 6 minute "in service" training film that he had created that all TPD sworn
officers must eventually watch, about dealing with people lawfully armed in the Tucson
Parks.

 

            As John Denver once sang, "what can one man do?" Go out and peacable activate!

 

Listen live over the computer at http://kvoi.com/listenlive.php and click "listen live,"

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