Loading ...
Sorry, an error occurred while loading the content.

Arizona Initiatives. Your state too????

Expand Messages
  • John Wilde
    Over the past several weeks several people have worked on proposing two initiatives to amend Arizona s Constitution. The text of these two initiatives are
    Message 1 of 1 , Jun 1, 2004
    • 0 Attachment
      Over the past several weeks several people have worked on proposing two initiatives to amend Arizona's Constitution.  The text of these two initiatives are below this introductory message.  Of course these same initiatives can be introduced in other states tailored to your own state's constitution.

           While the language has basically been finalized, the first attempt to file them will not be until after the July 4th weekend.  I say first attempt because we have an unconstitutional statute here in Arizona that prevents initiatives from being filed until the day after the November elections.  We're going to use these two intiatives as the means to challenge this statute and at the same time garner a little publicity for the matters being addressed by the initiatives themselves.

          The first initiative is about the right to keep and bear arms (RKBA).  Arizona already has a stronger provision that even Vermont's.  In Vermont you can carry open or concealed without a permit.  However, the courts have so twisted and misconstrued the language of our RKBA provisions that it has become time to make the language even more specific.

          The second initiative eliminates the ability of government to use the rationale it has used, primarily through the courts, to twist and contort various provisions of Arizona's constitution (as well as your own state's constitutions I am sure), particularly the RKBA provisions.

          The text of the proposed changes is in all upper case.

          We also anticipate filing a third initiative that will eliminate the use of the judicial, absolute, qualified, governmental and official immunities that are used by officials to avoid liability when they knowingly violate our rights.

          This is political shock therapy.  We aren't always able to predict which types of initiatives will get the attention of the people to push through, and it will to some degree give the politico's reason for pause.  You can use it as a way to measure those candidates who ask for your support in the upcoming election cycle.

          So take a look at them and let me know if you wish to start an initiative in your state, assuming you have initiative and referendum provisions in your state.  If you don't there are other ways to have these provisions introduced for consideration.  We will ask that the person wishing to sponsor the initiative in their state to take the responsibility for becoming knowledgeable in the requirements for their respective states.

      g'day
      John Wilde

      Initiative One

                                                          AN INITIATIVE MEASURE

          AN INITIATIVE MEASURE AMENDING ARTICLE II, SECTION 26 OF THE CONSTITUTION FOR THE STATE OF ARIZONA, RELATING TO WEAPONS.

                                                    TEXT OF PROPOSED AMENDMENT

          Be it enacted by the people of the State of Arizona:

      Section 1.  Article II, Section 26 of the Constitution for the State of Arizona is amended to read:

      26.   Bearing arms;  RIGHTS OF THE CITIZENS; PROHIBITION AGAINST LAWS AND OTHER ENACTMENTS

          Section 26.  The right of the individual citizen to bear arms in defense of himself or the state shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain, or employ an armed body of men.

          THE RIGHT OF THE INDIVIDUAL CITIZEN TO KEEP AND BEAR ARMS, FOR PERSONAL DEFENSE, FOR DEFENSE OF THE STATE AND ITS CITIZENS, FOR EACH CITIZEN’S INDIVIDUAL AND JOINT DEFENSE AGAINST THE ENCROACHMENT OF GOVERNMENT AGAINST THE RIGHTS AND LIBERTIES OF THE CITIZENS AND FOR OTHER LAWFUL PURPOSES, IS AN ABSOLUTE RIGHT.  NO LAW, ORDINANCE, RULE, POLICY, LICENSE, TAX, FEE, CHARGE OR OTHER ENACTMENT, AND NO JUDICIAL DECREE OR ADMINISTRATIVE DECREE OR POLICY, WHICH REGULATE OR PROHIBIT THE RIGHT TO KEEP AND BEAR ARMS, SHALL EVER BE ENACTED OR MADE BY THE STATE OF ARIZONA, ITS POLITICAL SUBDIVISIONS OR ANY QUASI-GOVERNMENTAL ENTITY.  THE RIGHT TO KEEP AND BEAR ARMS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE SALE, TRANSPORTATION, POSSESSION, CARRYING, WHETHER CONCEALED OR OPEN, OR THE USE OF FIREARMS OR AMMUNITION OR ANY FIREARM OR AMMUNITION COMPONENTS.  THE RIGHT TO KEEP AND BEAR ARMS SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO, THE CONDUCT OF SUCH ACTIVITIES IDENTIFIED ABOVE THAT ARE DONE OR PERFORMED ON PROPERTY, WHETHER CHARACTERIZED AS PUBLIC OR PRIVATE PROPERTY AND WHICH IS OWNED, RENTED, FINANCED, SUBSIDIZED, USED OR ADMINISTERED BY THE STATE OF ARIZONA, ITS POLITICAL SUBDIVISIONS, OR ANY QUASI-GOVERNMENTAL ENTITY OR ON PRIVATE PROPERTY.


      Initiative Two


                                                  AN INITIATIVE MEASURE

          AN INITIATIVE MEASURE AMENDING ARTICLE II, SECTION 32 OF THE CONSTITUTION FOR THE STATE OF ARIZONA, RELATING TO MANDATORY PROVISIONS OF THE CONSTITUTION BY RENUMBERING THE EXISTING PROVISION SUBSECTION A, AND ADDING SUBSECTIONS B, C, D, E AND F PROVISIONS REGARDING THE PROHIBITION OF ENACTMENTS THAT BURDEN RIGHTS; THAT IMPOSE THE BURDEN OF PROOF ON GOVERNMENT; PROHIBITING THE USE OF THE COMPELLING GOVERNMENTAL INTERESTS OR OTHER  ENFORCEMENT INTEREST TO PRESERVE AN ENACTMENT THAT BURDENS RIGHTS; AND, MAKING THE AMENDMENT RETROACTIVE TO EXISTING ENACTMENTS

                                              TEXT OF PROPOSED AMENDMENT

          Be it enacted by the people of the State of Arizona:

          Section 1.  Article II, Section 32 of the Constitution for the State of Arizona is amended by adding the following:

          Section 32. Constitutional provisions mandatory.  PROHIBITION AGAINST LAWS AND OTHER ENACTMENTS BURDENING RIGHTS; SUCH ENACTMENTS  PRESUMED UNCONSTITUTIONAL; GOVERNMENT HAS BURDEN OF PROVING RIGHTS NOT BURDENED; COMPELLING GOVERNMENTAL INTERESTS SHALL NOT SAVE ENACTMENTS BURDENING RIGHTS; PROVISIONS TO BE RETROACTIVE.

      Section 32. A. The provisions of this Constitution are mandatory, unless by express words they are declared to be otherwise.
          B.  NO LAW, ORDINANCE, RULE, POLICY, TAX, LICENSE, FEE, CHARGE OR OTHER ENACTMENT AND NO JUDICIAL DECREE OR ADMINISTRATIVE DECREE OR POLICY SHALL BURDEN THE RIGHTS OF THE INDIVIDUAL CITIZEN OR RESIDENT WHETHER OR NOT SAID RIGHTS ARE SPECIFICALLY EXPRESSED IN THIS CONSTITUTION.
          C.  ANY SUCH LAW, ORDINANCE, RULE, POLICY, TAX, LICENSE, FEE, CHARGE OR OTHER ENACTMENT AND ANY JUDICIAL DECREE OR ADMINISTRATIVE DECREE OR POLICY BURDENING THE RIGHTS OF THE INDIVIDUAL CITIZEN OR RESIDENT SHALL BE PRESUMED TO BE UNCONSTITUTIONAL, IF NOT FACIALLY, AT LEAST AS APPLIED TO THE INDIVIDUAL CITIZEN OR RESIDENT.
          D.  WHEN IT IS CLAIMED THAT THE LAW, ORDINANCE, RULE, POLICY, TAX, LICENSE, FEE, CHARGE OR OTHER ENACTMENT AND JUDICIAL DECREE OR ADMINISTRATIVE DECREE OR POLICY BURDENS THE RIGHTS OF THE INDIVIDUAL CITIZEN OR RESIDENT, THE STATE OR INSTRUMENTALITY SHALL HAVE BOTH THE BURDEN OF PRODUCTION AND THE BURDEN OF ULTIMATE PERSUASION THAT SAID DISPUTED LAW, ORDINANCE, RULE, POLICY, TAX, LICENSE, FEE, CHARGE OR OTHER ENACTMENT AND JUDICIAL OR ADMINISTRATIVE DECREE DOES NOT BURDEN THE RIGHTS OF THE INDIVIDUAL CITIZEN OR RESIDENT.
          E.  THE VALIDITY OF A LAW, ORDINANCE, RULE, POLICY, TAX, LICENSE, FEE, CHARGE OR OTHER ENACTMENT AND ANY JUDICIAL DECREE OR ADMINISTRATIVE DECREE OR POLICY THAT IS CLAIMED TO BURDEN THE RIGHTS OF THE INDIVIDUAL CITIZEN OR RESIDENT SHALL NOT BE PRESERVED ON THE GROUNDS THAT IT IS A LEGITIMATE EXERCISE OF THE POLICE POWERS OR THAT THERE IS COMPELLING GOVERNMENTAL INTEREST OR OTHER ENFORCEMENT INTEREST.
          F.  THE PROVISIONS OF THIS SECTION SHALL APPLY RETROACTIVELY TO ANY  LAW, ORDINANCE, RULE, POLICY, TAX, LICENSE, FEE, CHARGE OR OTHER ENACTMENT AND ANY JUDICIAL DECREE OR ADMINISTRATIVE DECREE OR POLICY IN FORCE OR EFFECT AT THE TIME THE AMENDMENT TO THIS SECTION IS APPROVED BY THE PEOPLE.

    Your message has been successfully submitted and would be delivered to recipients shortly.