According to Ricky Duncan the laws in Arizona that make carrying a concealed weapon illegal in Arizona are unconstitonal!
Ricky Duncan has found a lot of interesting Arizona laws for his friends at the Libertarian Party. According to Ricky because of these records at the Arizona Constitutional Convention of 1910 before Arizona became a state it is legal to carry a concealed weapon. Thats because the makers of the Arizona constitution voted that Arizona DID NOT have the right to regulate concealed weapons.
While the Arizona Government has ignored the constition and passed ARS 13-3103 which makes concealed weapons illegal Ricky says this law is unconstitional.
Ricky says that if you do carry concealed weapons filing this document may not prevent you from getting arrested, but it may get the charges dropped once you get to court.
If the police officer obeys his duty to defend the constitution he will not arrest you because the constitution does not give the state the power to regulate concealed weapons. But don't count on it. Most cops would not know what the Arizona Constitution was if it punched them in the face.
And if you showed this document to the arresting cop it is also EVIDENCE that can be used in your trial.
This document will be used to show that the Arizona Constitution doesn't allow the state to regulate concealed weapons. Judges often will not let jurors look at laws. If at your trial you tried to show the jury the Arizona Constition and the stuff in this document the judge probably would not allow it. By filing the document with the COUNTY RECORDER and making it a PUBLIC DOCUMENT, this forces the judge to let the jury see this document in your trial
Currently (Jan 2002) Tim McDermit was arrested for having a concealed weapon. Tim is testing the use of this document. I will post the results when the case is over. Dec 21, 2002 Tim McDermit says his case was thrown out and the judge said the part of the law that deals with carrying concealed weapons in fanny packs is vague and there for unconstitional. (But the rest of the concealed weapons law is still on the books in Arizona). I guess Tim's case didn't get into the use of this document.
Conceled Weapons Carry Document
THE RIGHT TO BEAR ARMS IS ONE OF OUR UNALIENABLE RIGHTS.
We hold these rights not as citizens of the United States or citizens of the state of Arizona, but so to speak, in spite of the United States and the state of Arizona. We hold our UNALIENABLE RIGHTS against these Governments by as good a title as we bold them against the world.
Richard Lee Duncan (602)269-1761 3108 N. 43rd Drive Phoenix, Arizona 85031
MAGRUDER'S AMERICAN GOVERNMENT
ALLYN AND BACON, INC.
RIVISED BY WILLIAM A. McCLENAGHAN
COPYRIGHT 1968, BY MARY MAGRUDER SMITH
PAGE 185
... Public opinion is supposed to serve as the principal guiding force behind public policy in the United States. But its power is tempered. Our system of constitutional government is not designed to give, unrestricted play to public opinion-and especially it is not designed to give such to majority opinion. The doctrines of separation 'of powers and of checks and balances, and the many guarantees of civil rights in our Constitution, are intended to protect minority interests against the possible excess of majority action.
THIS DECLARATION OF INTENT WAS AUTHORED BY RICHARD LEE DUNCAN AND IS TO BE DISTRIBUTED FOR INDIVIDUAL USE.
Courtesy of
and his friends at S.A.F.E - Second Amendment For Everyone
Arizona Constitution Art. II §2. All political power is inherent in the people, and governments derive their just powers from the consent to the governed, and are established to protect arid maintain individual rights
They refused to file the document for mike