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Thread: Interpretation of Statutes & PC Codes.

  1. #1
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    I have an Idea !

    We do study the PC's to learn what they really mean.

    However like one question, one fellow asked : " Would a Motorcycle helmet be considered masked , with intent of hiding identity" ?

    Now my "Idea" Is if we have questions, we should all be writting letters by the bunch to our "Legislators" & Congressman and let them tell us what they mean by such a "Statute or Codes".

    After all they are the ones who signed, it into laws ETC.

    At the same time,knowing its "Not" up to a judge to make a distinction of what he thinks the law is. Its "Not" up for a guess or his oppinion on what that code or Statute means. UCC 1-103.6("A statute should be construed in harmony with the common law, unless there is a clear legislative intent to abrogate the common law")

    (UCC) is "Uniform Commercial Code", this is the laws they are going by.

    We still have common law which is our Constitution and Bill of Rights.

    So writting lots of letters to our Congressmen, and Legislators, sence they want to be elected again ETC. We should get a response in a simple question, also asking "How can we effectivly exersize our "Right to keep and"Bear" Arms for selfprotection with out breaking some Code or Statutes, in this state of California"?

    When there is a "Badlaw" it can be voted out by the jury, by a "Not Guilty Vote" Inspite of the facts of the case.

    Write those letters today ! Or email them, and share the the results with us all.

    What are your thoughts on this Idea ? Robin47



  2. #2
    Founder's Club Member MudCamper's Avatar
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    Technically, it's up to the California Department of Justice to clarify the actual meaning of code. They often do so through a process that I am not entirely clear on, but that's how regs end up in the California Code of Regulations. Also, of course, the courts often end up having to decide what the codes actually mean.

    IMO, asking a state legislator his or her opinion will get you only that, one persons opinion. And also IMO that person is likely an idiot.



  3. #3
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    Thanks Mudcamper, for the reply.

    Yeah when laws become ambiguous, that is uncertain and unconscionable, where the common man can't understand them, then it becomes fraud through deceit.

    Thats just whats happened to us all. Its not like the sign that saids " Don't walk on the grass".

    I still think that pressure writting our Legislators, at least the realitivly good ones and asking them to give you/us as to how we can exersize our "Right to keep and Bear Arms" in this state, and why has it "not"been Incorporated in our Cal-Constitution. For one to protect himself and his loved ones at all times anywhere.

    If the Governor veto's the bill, the Legislators can still pass it by majority vote. I do think people are waking up, and that "Freedom and their Rights" are more Important.

    My Grandma always said " If you give a dog enough rope he will hang himself " ! I think she was Right On !I Hope Edward Peruta wins for us all !

    Robin47

  4. #4
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    If you want to know what the laws mean you simply find the appropriate jury instruction (CalJIC = California Jury Instruction - Criminal)

    CalJIC breaks down what the elements of any crime are (elements=specific actions that must be committed or ommited and specific conditions that must exist) and what the wordsin the law mean.

    You may not like what it says but it does explain the law in terms simple enough for people too dumb to dodge jury duty to understand.

  5. #5
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    Robin47 wrote:
    ...We still have common law which is our Constitution and Bill of Rights...
    Actually "common law" is something else entirely. This term is synonymous with "case law." Common law is the result of the judicial branch; the Constitution and BoR are legislative acts.

    UCC 1-103.6 ("A statute should be construed in harmony with the common law, unless there is a clear legislative intent to abrogate the common law")
    The above quote simply means, "don't overturn case law, unless the legislature clearly intended to do so."

    For example, common law has long held that people have the right to bear arms in self defense. I've even seen references back to English common law that predates our republic. Any statute must be construed in harmony with this common law right... unless it's clear the legislature intended to change common law. 12031 would be one such example.
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
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