Date: Sun, 12 Nov 1995 09:15:26 -0700 (MST)
From: Second Amendment Is For Everyone <[s--e] at [indirect.com]>
To: azrkba <AZRKBA%[ASUACAD BITNET] at [ARIZVM1.ccit.arizona.edu]>,
Subject: Arizona's Declaration of Intent to Carry Concealed on Trial
Ernest Hancock:
How Sweet it is!
The best possible conditions to challenge the Arizona Concealed Carry
Permit as unconstitutional have finally been met.
Fred Vasquez, Maricopa County Secretary and Member at Large for the Az
State Executive Committee now has standing to challenge the law.
Saturday, 11-11-95 at about 3:30pm, he was coming back to Phoenix from
Payson (he was just North of Payson) and stopped to pick up a cactus that he
wanted on the side of the
road (Agave cactus: the kind you make tequila out of ????) and put it in
his trunk. He was spotted closing the trunk of his car by a Gila County
Sheriff's Deputy that was concerned that he may be stuffing a body into
it. ?????
The Deputy (Hunsaker)
pulled up beside Fred's car and asked what was happening while
at the same time he noticed through a 3" wide hole (made by wear of the
gun inside) that he was carrying a firearm. So the Deputy said, "Is that
a Gun there", while pointing at the gun with his finger an inch and a
half away from it. Fred responded by saying, "Yes, it is".
Now it gets interesting.
"Do you have a state issued permit for that"? said the Deputy. "No, I
don't sir", said Fred. "Well what do you have"?, said the Deputy (Why did
he ask this :) . Fred then handed him a copy of his filed Notice of
Intent to Carry Concealed, that he filed with the Maricopa County
Recorder in July of 1994 (Check out SAFE's www page for a complete copy of
this, Web page address at end of message). The Deputy then looked at the
card and said, "If you had a CCW permit then why did you say that you
didn't". Fred said, "I _don't_ have a CCW permit, I don't need one".
It was at this point that Fred gave a full explanation of the U.S. and
Arizona State Constitutions. But, in a kind way the Deputy said that he
was not sure what to do (yeah, he was, just didn't want to get in trouble
with the Gubment) so he called his supervisor. About 10 minutes later the
Duputies supervisor AND a U.S. Forest Ranger arrived and also questioned
Fred.
It was at this time that they asked Fred if he was a "Constitutionalist"
to which he responded, "In a way, I'm a Libertarian". Then Deputy
Hunsaker said to Fred, "I don't suppose you want to give me your Social
Security number then" smiling. "No", said Fred.
Then they wanted to know by what authority did the county of Maricopa
issue him the permit to carry concealed. Fred explained that they didn't,
that he was declaring by notice that he intended to exercise his rights.
Then the park Ranger jumped in to explain to the officers that Fred was
acting in the same manner as someone who declares himself a freeman who
does not acknowledge the state's authority to dictate the conditions
under which an individual can travel on public roads (no licenses, no car
registration etc.). This was understood by them and they showed a degree
of support for the concept ( Yeah! ).
The three of them discussed it between them and then determined
that they HAD to arrest Fred and impound the weapon, under the law. Fred
explained to them that that was not a problem and that he was looking
forward to being the test case that we have grown tired of waiting for.
Then the first officer said, "I'm looking forward to seeing how this
turns out because we have too many goddamned gun laws already", the
others seemed to be in agreement. To which Fred responded by saying, "You
know, if you search down into your hearts I'm sure you'll find that you
are Libertarians also". To which the U.S. Forest Ranger said, "I know, you
are right".
Fred, then spent about 20 more minutes explaining to them Libertarian
philosophies on such subjects as Gun Rights and Drug Legalization. (MORE
AGREEMENT!)
Then the government agents collectively agreed that they would usually
take Fred into custody and book him (prints - photos - backgroud) but
because of his cooperation and his acting like a gentleman they would
release him with an appearance ticket.
Then they said that they needed photos of the fanny pack, (which they
took) and at Fred's request they took a photo of the fanny pack with
Fred's fingers sticking out of the hole that allowed them to see the gun
in the first place.
Hands were shook, Thank you's all around, well wishes and a pleasant good
bye.
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Now let's see!
Could this have even been planed any better?
Court appearance is November 22nd, 10am @ Payson Justice of the Peace -
714 S. Beeline in Payson.
This is it you all. Send $$$$$$ and/or legal aid. We have some help
already and have always been ready to do this ourselves. But, this is a
chance for all of you to share in some glory. :)
(Also a nice little benefit is the fact that Fred Vasquez is a Para Legal
by profession) :) :) :) :) :)
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