6.  GUN FREEDOM NOW!
    by Alexander Daube 
    Special to TLE      http://www.webleyweb.com/tle/>     Issue 215
    Part Three of a Three-Part Series
    Part One: http://www.webleyweb.com/tle/libe213-20030303-04.html>
    Part Two: http://www.webleyweb.com/tle/libe214-20030310-06.html>

Most gun owners are aware of the myriad gun-control laws which plague our
nation and violate our Constitution. We are frustrated that more of these
asinine laws continue to get passed every year. However, what most people
don't know is that we can protect each other from these laws using a
simple, traditional right that has been with us since our nation was
founded.

Our Founding Fathers understood that one of the main purposes of jury
trials was to protect people's rights from infringement by the government.
To quote Thomas Jefferson: "I consider trial by jury as the only
anchor ever yet imagined by man, by which a government can be held to the
principles of its constitution." That means it is a jury's duty to
insure that government doesn't overstep its constitutional limits and
violate the God-given rights of citizens. How? Jurors can "just say
no" to bad laws by refusing to convict people accused of violating
them. Lysander Spooner said, "It is also their [the jurors] right, and
their primary and paramount duty, to judge of the justice of the law, and
to hold all laws invalid, that are, in their opinion, unjust or
oppressive." That right is called "jury nullification" or
"jury veto-power" and it is foundational to our freedom as
Americans.

Today, however, this right is being trampled by judges in most states in
America. Judges will tell jurors that they cannot use their consciences in
determining a verdict; that they can consider only the facts of the case
and must obey the law as he gives it to them. In short, they lie.

What can we do to regain our rights? Two things.

First, we can join together and work to change the judicial procedures at
our state, county and city levels. Concerned gun owners can mail prepared
letters (or write their own) to their representatives and legislators, and
even help hand out Fully Informed Jury Association (FIJA) literature at
court houses. Despotic judges HATE that.

Second, until we are able to get the laws and procedures changed we can use
the time honored practice of peaceful civil disobedience. Let me explain.

We The People of the United States created government to serve us and
protect our rights. When it fails to do so it is violating its covenant
with us and then it is our right--indeed our duty-- to step in and take
action. If you doubt this then simply read the Declaration Of Independence.
When judges remove people from juries who understand their rights as
jurors, or force jurors to take an oath to obey the law as the judge gives
it to them, those judges are acting as despots and tyrants. We need not
obey them.

Say whatever you have to say to get on the jury. Since judges have no right
to ask prospective jurors most of the questions they ask, we are not under
any moral obligation to tell the truth. If you are asked if you own a gun,
say no. If they ask if you have any pro-gun bumper stickers on your car,
you don't. If you are worried about them checking on your car in the court
house parking lot, just park somewhere else. You don't belong to any gun
clubs and you're not an activist. Present yourself as a middle-of-the-road,
average American, who doesn't have any strong feelings about gun issues,
jury rights, the U.S. Constitution, or freedom. Like good American sheeple
you will, of course, agree to obey anything the judge tells you. Just don't
say "baah" during the questioning--that might give you away.

Of course, anyone who practices civil disobedience takes the risk of being
found out, and in this case it is possible, though unlikely, that after the
trial the judge could find out that you lied and bring charges against you.
Nobody ever said that fighting tyranny was safe or easy, but if we're not
willing to fight for our rights then we don't deserve them.

Once on the jury, determine whether the defendant is guilty of a mere
technical violation of some asinine firearms law and is therefore innocent,
or if he has harmed someone without cause using a firearm and is therefore
guilty. If you think he's innocent you have two choices when you are sent
to deliberate in the jury room.

If you're brave you might want to try to convince your fellow jurors to
find the defendant innocent. This may entail educating them about jury
rights, the U.S. Constitution, the Second Amendment, etc. However, using
this method you run the risk of a jury member telling the judge and getting
you cited for contempt of court for not "obeying" the judge's
instructions. Welcome to police-state America.

If you're not that brave then you can simply refuse to convict. However,
since power hungry, judicial despots recently made "failure to
deliberate" a reason to remove an obstinate juror from the jury, you
need to do this properly. You can tell the other jurors that you're not
convinced by the evidence; that you don't believe the testimony of the cops
or the witnesses (you got the impression that they weren't telling the
whole truth, that they were holding something back or lying); that you
don't believe the defendant's confession. You have the right to disbelieve
any and all testimony. As long as you give any of these reasons for voting
"not guilty", you cannot be removed from the jury. Neither the
jurors nor the judge can force you to explain any more than this. Even if
all the other jurors want to vote guilty, your vote will "hang"
the jury and the defendant cannot be convicted.

Jury nullification is our last peaceful line of defense against government
tyranny, and it has never been needed more than today. It's high time that
We The People "reminded" our government that we don't exist to
serve it--we created it to serve us! Freedom isn't free--and it isn't
guaranteed to last.

Please also join the Fully Informed Jury Association (FIJA) to help fight
for jury rights nation wide. Call them at 1-800-TEL-JURY and visit their
Web site, www.FIJA.org. If you live in the Colorado Springs/Denver area,
feel free to call me at (719) 473-4241 (or write: address is on FIJA Web
site) to help with our fight for freedom locally.
- - -

Alexander Daube is an Area Coordinator for the Fully Informed Jury
Association. Alexander lives in Colorado Springs, Colorado, with his wife,
Julie, who is author of the apocalyptic, pro-freedom novel, "The
Shadows of Babylon." Hyperlink:
http://www.publishamerica.com/shopping/shopquery.asp?catalogid=1307
Alexander's passion is to restore justice to the courts. His articles have
appeared in the Colorado Springs Gazette, The Free Press, and The Price of
Liberty.

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