For Publication 638 Words
One-time North American Serial Rights
Copyright 1998 Alan Korwin and Ken Rineer
Oct. 26, 1998
Contact: Alan Korwin BLOOMFIELD PRESS
4848 E. Cactus, #505-440 Scottsdale, AZ 85254
602-996-4020 Phone 602-494-0679 FAX
1-800-707-4020 Orders http://www.bloomfieldpress.com
SHOULD VOTERS REMOVE
by Alan Korwin and Ken Rineer
Two Arizona judges are under the gun in the upcoming election: Cindy
Jorgenson of the Pima County Superior Court, and John Pelander, Presiding
Judge of the Arizona Court of Appeals.
The judges are being characterized as "activists," for handing
down rulings that ignore existing law and violate Arizona's Constitution,
in a misguided personal effort to enact gun controls that have not been
passed by the legislature.
It began on Oct. 24, 1996, when Ken Rineer, a rights activist, was arrested
by Tucson Police in a carefully arranged event at Himmel Park. The charge,
possession of a legally owned firearm, violated a city ordinance. But the
city ordinance itself violated state law and the Arizona Constitution.
Rineer sought to have the illegal "law" nullified.
Sure enough, trial court dismissed the charges. It said the ordinance
violated the clear state preemption statute, and was unconstitutional as
well. Tucson vowed to enforce it anyway.
Tucson appealed to Pima County Superior Court, where a sympathetic Judge
Jorgenson, violating the plain language of state law, and ignoring the
state Constitution and years of historical record, reversed the city magistrate's
ruling. Jorgenson says Tucson's ordinance is neither unconstitutional nor
preempted by state law. You decide.
This judge says the city can ban firearms where it decides it wants
to. Our Constitution says, "The right of the individual citizen to
keep and bear arms in defense of himself or the state shall not be impaired..."
State law says, "Ordinances of any political subdivision of this
state relating to the transportation, possession, carrying, sale and use
of firearms in this state shall not be in conflict with this chapter."
State law does not prohibit you from carrying in parks. Tucson made this
up on its own. Jorgenson improperly backed this up by inventing law that
This is exactly what's meant by legislating from the bench. Jorgenson's
actions disqualify her from a place on the bench. Activist judges who take
it upon themselves to rewrite our laws deserve only contempt for defiling
the rule of law.
Rineer appealed to the Arizona Court of Appeals, where Judge Pelander,
acting on his personal notions of 'a good thing,' instead of the words
of our laws, said, "It requires no leap of logic to deduce that keeping
dangerous weapons out of a public park directly reduces the possibility
of armed conflict as well as accidents therein and substantially advances
the safety of all who go there."
It's certainly not clear how disarming honest people makes you safer.
This is his opinion, not our law. Tucson has no power to set such policy
and enact such law. The activist judge is simply legislating from the bench.
By rewriting the laws our legislators have passed, he has earned his place
in the unemployment line.
Parks--which you know can be dangerous--are now, by judicial edict,
"Defenseless Victim Zones," created by an illegal city ordinance,
backed up by judge-legislators. Judges with their own agendas, who change
our laws, must be removed.
Never forget that it's already completely illegal for crooks to go armed
anywhere, or to use a gun for any criminal purpose. A criminal with a gun
is subject to immediate arrest.
Pelander had the arrogance (or ignorance) to say that Rineer can preserve
his right to self-defense, "by simply walking around the park with
his firearm, instead of through it."
We should not have judges rendering decisions based on political or
philosophical beliefs instead of the law. If they are so willing to set
aside a person's right to self defense, guaranteed by the Arizona Constitution,
what will they set aside next?
The judges-panel-for-reviewing-judges recommends keeping 29 and dropping
none from the current lineup on election day. It appears they made at least
two mistakes. Judges Jorgenson and Pelander have earned removal.
Alan Korwin is the author of The Arizona Gun Owner's Guide (19th edition)
Ken Rineer is a test case for whether your laws still mean what they
If you knew all your rights you might demand them.
When you disarm your subjects you offend them by showing that
either from cowardliness or lack of faith, you distrust them; and either
conclusion will induce them to hate you.
Niccolo Machiavelli "The Prince"
Only the rulers should be armed.
IF YOU'VE GOT A GUN YOU'RE NOT A CROOK AND THE GUN'S NOT ILLEGAL,
THAT'S NOT A CRIME.
The Committee to Arrest Criminals and Leave Decent People