THE  AMERICAN  DECLARATION

 

A Re-Affirmation of the Second Amendment of the Bill of Rights

 

Proposed Legislation for the Constitution of the State of California

 

Section No. ______

 

(a)        The right of the people to keep and bear arms, individually and collectively, is an unalienable, inherent, and natural right, acknowledged in the common law, confirmed by the Second Amendment to the Constitution of the United States of America, and secured by the Act for the Admission of California into the Union.  The full and necessary exercise, affiliated activity, and benefits of this right are herein reaffirmed, guaranteed, and protected hereby from all infringements whatsoever.

 

(b)      For purposes of clarification and to negate past and prevent future misconstruction, this right shall be interpreted so as to conform to the original definitions in use at the time the Second Amendment was drafted, and to coincide and adhere to the reasonings and discourses made in behalf of the Second Amendment to the Constitution of the United States of America by the nation’s founders who authored or otherwise contributed to the formation of that amendment, including those who envisioned the concept that the strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.

 

(c)               The basis underlying this section is the need to clarify, reaffirm, and protect the right to arms of law-abiding people of this State, but this section does not apply nor extend to convicted violent felons, nor to any individual who has been adjudicated by a court of competent jurisdiction to be a danger to others as a result of mental disorder or mental illness.

 

(d)      No public official, whether elected or non-elected, nor the Legislature as a body, nor any other body attempting to affect this state or its subdivisions within, shall suppress the right of law-abiding people to carry arms concealed and free from governmental interference; nor shall they, singularly, or as a group, deny, curtail, prohibit, or infringe the right of the people to purchase, privately own and possess, inherit, advertise, sell, manufacture, lease, loan, transfer, or transport arms; nor deny, curtail, prohibit, or infringe the right of the people to use arms, ammunition, parts and accessories for purposes of the defense of person, family, home, property, liberty, and safety and security of this State or the Union of States.  Nor shall they be allowed to tax the right of the people to keep and bear arms; or to enact, or participate in the execution of, any law which in any style, form, or manner constitutes the registration of the people’s firearms or ammunition; or to promote a reduction or a restriction in the quality, quantity, sale, or availability of arms, ammunition, parts, components, or related accessories; or to require the licensing or fingerprinting of law-abiding individuals purchasing or otherwise owning arms; or to limit, prohibit, or regulate capacity, design, or use of magazines or ammunition feeding devices; or to promote diminishment of efficiency by requiring alterations in  parts or the forced application of devices; or to enact laws to modify and render inoperative, arms held as curios or collector’s items; or to deny benefits and exercise of any future technological advancements of arms, their parts, or components, or related accessories; or to take any action to promote, or to engage in, the confiscation of ammunition or firearms, which includes weapons of defense, those well-suited to fend off invasion and protect person, family, home, state, and country, including the Constitutions of this State and nation; or to require or force the law-abiding people to surrender or store temporarily or permanently their arms, parts, accessories, or ammunition in a location not acceptable or compatible to their choice and/or needs and responsibilities.  The provisions in this section also extend coverage to protect sport and recreational use of arms, ammunition, parts and accessories.

 

(e)        The right to arms of the law-abiding people, historically and inherently, is an absolute right, and shall not be subjected to infringement, invalidation, revocation, or subjugation from any source  whatsoever.  

 

(f)                  No provision of the Constitution of this State may be suspended to allow the State of California to be placed under the operation of a military government, martial law or martial rule, as a result of, but not limited to, (A) a state inference; resolution; ordinance; legislation or law; mandate; proclamation or executive order; or (B) a federal inference; resolution; legislation or law; mandate; proclamation, decree, or executive order; regional agencies; presidential decision directive; or any other such contrary act emanating from any other source, including commissions,     regional levels and agencies of the federal government; or by (C) an international organization and its inference; a resolution from an international organization, or proclamation, edict, order or act; or any other such contrary act or order emanating from any foreign organization or other source, including a foreign commander or foreign troops; or from any other such source or self-appointed authority of any kind whatsoever during any emergency or exigency of  government.     

 

(g)        The restraints in this Section shall apply to, but are not limited to, any oppressive group that seeks to confiscate arms belonging to the people of this state by any act, agreement, or other type of international arrangements made under an international agreement or a purported treaty and/or enabling legislation related thereto, including all presidential agreements or other type of arrangement made for domestic or foreign police, or domestic or foreign troops to confiscate weapons or suppress the right of the people within this State to keep and bear arms, with or without installation of a military government, or martial rule or martial law.  

 

(h)     Because circumstances now require reinstatement of the training that once supported the military preparedness of this State, the right of all law-abiding individuals to participate as members of the enrolled militia of the whole people for the protection and security of this state, and to fulfill their respectful responsibility toward the protection and security of this Constitutional republic, the enrolled militia is herein re-affirmed as a necessity in accordance with the original intent and purpose that caused the drafting of the Second Amendment.  All state laws, provisions,  local government ordinances, acts, regional or other agreements, or mandated requirements from any source whatsoever that are inconsistent with this section are declared to be repealed and/or otherwise inoperative.  The provisions within this section are self-executing. 

 

(i)            By virtue of the Sixteenth Jurisprudence, Second Section §177, the restraints in this section are sustained and vested with the authority to supersede any statute or action from any source that is contrary to the right of the people to keep and bear arms, and to be free from the militarization of government.  The Sixteenth Jurisprudence, Second Section §177 states in essence:

 

Although it may have the form and name of law, if there be a violation of any of the Constitutional principles or provisions, such law shall be declared to be wholly void, and ineffective for any purpose, and be as inoperative as if such had never been passed.   Such a statute or action imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone; affords no protection, justifies no acts performed under it.  No one is bound to obey any such an unconstitutional statute or action, and no court is bound to enforce it.  A void act cannot be legally consistent with a valid one.   Its unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it.

 

(j)     No part of this Section is unconstitutional, as it is in support of the text of the original Constitution of the United States of America and the intent and purposes of the Second Amendment of the Bill of Rights; and it sustains that which is already fundamental principles of American law.  If any part of this Section is held for questioning, all other parts shall remain in full force and effect; and the questioned part also shall remain in full force and effect until such time that it has been finally adjudged by the people to be contrary to the Constitution of the United States of America and the Bill of Rights as well as the intent, purposes, reasonings, and discourses of the nation’s founders.

 

Note: Without the severability clause in paragraph (i), any disrupter could cause the whole measure to be thrown out.   Paragraph (h) prevents devious political maneuvering. “Questioning” of any of its parts will only intensify the integrity of the whole.