A Proposed Civil Liberties Initiative as Per This Afternoons LPSF Mtg.

Ron,

Your "HOME SAFETY PROTECTION ACT" sounds excellent!

Best, Michael

----- Original Message -----
From: Ron Getty
To: LPSF-ACTIVISTS
Sent: Saturday, December 10, 2005 8:13 PM
Subject: [lpsf-activists] A Proposed Civil Liberties Initiative as Per
This Afternoons LPSF Mtg.

Dear Everyone;

At this afternoons LPSF meeting it was moved and seconded and endorsed
to consider a three initiative program. 2 economic issues - the
payroll tax repeal and the salary cap along with a civil libreties
initiative. Here's one proposed civil liberties initiative.

Both the Examiner and the Chronicle this week have had letters to the
editor published about the SF hand gun ban and how opposed they were
to this. Other letters have also been published in both newspapers
since the handgun ban was passed.

While the court challenge is pending we could consider a a repeal of
the handgun ban as a civil liberties issue as discussed at this
afternoons LPSF meeting.

While we ourselves do not have to sponsor we certainly could be a
strong co-sponsor along with the Pink Pistols and the RKBA or similar
organization.

The following is a sample proposed initiative written in the language
so near and dear to everyone whoever placed an initiative on the
ballot with all the rhetorical hyberbole of the Chris Daly
anti-handgun proposition.

Ron Getty
Chairman Tax Initiaitive Committee

PROPOSED "HOME SAFETY PROTECTION ACT"

This Initiative Ordinance will allow decent, law-abiding adult
San Franciscans who pass the mandatory federal and state background
investigations, to purchase weapons to protect their lives and their
family's lives while in their homes.

For San Franciscans, who do pass the mandatory background
investigation, and choose to purchase weapons for home protection,
they will be allowed to protect their families, against violent
pitiless murderers, rapists and robbers who could force their way into
their victims home and who would do harm to them and their families.

Be it ordained by the People of the City and County of San Francisco:

SECTION 1. Title.

This ordinance shall be known and may be cited as the: "Home
Safety Protection Act"

SECTION 2. Findings.

United States Supreme Court decisions have found the police to
have no constitutional obligation to protect individuals from private
individuals.

The U.S. Supreme Court (South v. Maryland) found that law
enforcement officers had no affirmative duty to provide such
protection.

In 1982 (Bowers v. DeVito), the Court of Appeals, Seventh
Circuit held, "...there is no Constitutional right to be protected by
the state against being murdered by criminals or madmen."

On June 27, 2005 in the case of Castle Rock v. Gonzales, the
Supreme Court found that Jessica Gonzales did not have a
constitutional right to police protection even in the presence of a
restraining order.

SECTION 3. Declarations.

The San Francisco Police Department by function is a crime
historian in that it records a crime which has happened but was not
there to stop from happening.

Crime Statistics Year 2000:

a.) 59 homicides were committed and 29 arrests made a 49% arrest rate.
b.) 232 rapes were committed and 47 arrests made a 20% arrest rate.
c.) 3,480 robberies were committed and 908 arrests made a 26% arrest
rate.

Crime Statistics 2001:

a.) 46 homicides were committed and 28 arrests were made a 60% arrest
rate.
b.) 253 rapes were committed and 44 arrests were made a 17% arrest
rate.
c.) 3,786 robberies were committed and 886 arrests were made a 23%
arrest rate.

Crime Statistics 2002:

a.) 58 homicides were committed and 32 arrests were made a 55% arrest
rate.
b.) 227 rapes were committed and 42 arrests were made an 18% arrest
rate.
c.) 3,269 robberies were committed and 742 arrests were made a 22%
arrest rate.

Crime Statistics 2003:

a.) 69 homicides were committed and 20 arrests were made a 29% arrest
rate.
b.) 215 rapes were committed and 42 arrests were made a 19% arrest
rate.
c.) 3,065 robberies were committed and 725 arrests were made a 23%
arrest rate.

Crime Statistics 2004:

a.) 88 homicides were committed and 33 arrests were made a 37% arrest
rate.
b.) 152 rapes were committed and 30 arrests were made a 20% arrest
rate.
c.) 3,041 robberies were committed 395 arrests were made a 13% arrest
rate.

What these 5 years of Crime Statistics show is that:

178 killers are still out there. 874 rapists are still out there.
12,985 robbers are still out there

The San Francisco Police Department is incapable of placing a
cop-a-block 24/7 for home safety protection. Due to this incapacity no
one can be safe in their own home at any time of the day or night from
stone-hearted criminals.

This causes San Franciscans to be forced to resort to
self-defense to protect themselves and their families in their homes.

Despite San Francisco Police Department response statistics
for "Priority A" dispatch calls the police can not provide an
immediate response. When you have a San Franciscan whose home has just
been invaded by a murderer, rapist or robber the police can not stop
the violent criminal from brutalizing the San Franciscan or their
family until the crime in progress is reported.

Unfortunately, in far too many situations, this has been too
little and too late for the bloodied brutalized victims of the
heartless savagery of the merciless felon.

The San Francisco Police Department has a very low arrest rate
in relation to the number of violent crimes. Thereby causing a climate
of ominous foreboding to hang over the City from vicious criminals
freely prowling the neighborhoods stalking defenseless decent
law-abiding victims to murder, rape or rob in their own homes.

This further creates a climate of necessity for San
Franciscans to rely totally on themselves, while in their homes, to
protect themselves and their families from these sadistic animals.

The Crime Statistics cited do not include the figures for the
additional crimes reported to the San Francisco Police Department for
aggravated assaults, burglaries, larceny or theft, car thefts and
arson.

The inclusion of the additional figures in the Crime
Statistics and the abysmal arrest rates for these crimes were
considered to be "beating a dead horse" and therefore were
deliberately left out of the Crime Statistics.

It was strongly debated and deeply felt that the inclusion of
the additional crime statistics and their low clearance rate would
engender further embarrassment, shame and humiliation for the San
Francisco Police Department.

The excluded figures for the additional reported crimes would
have only further highlighted the ineptitude of the San Francisco
Police Department and its atrocious record in clearing reported
crimes. The excluded figures would have only expanded on the need for
San Franciscans to have only themselves to look to for protection in
their homes in the event a murderous felon attacked them and their
families in their home.

Furthermore, by publicizing this low clearance record, it would
enhance the publics dread of becoming just another crime statistic
stored in a database. And this database record would not reflect
another life devastated by ruthless criminals not caught by the San
Francisco Police Department.

The Crime Statistics listed below are for crimes reported to the
San Francisco Police Department. The Crime Statistics DO NOT include
crimes NOT reported to the San Francisco Police Department.

The lack of reporting crimes by victims is due to the crime
victim personally believing reporting the crime and getting justice
from the San Francisco Police Department would be a lost cause due to
the extremely low arrest rate.

This causes the victim to feel defenseless in their own home
against murderers, rapists and robbers. This creates a compelling need
for home defense, by a possible victim or someone who has been the
cruel victim of a sadistic, cold-blooded Wraith from Hell who could
only be stopped by the use of deadly force, after the vicious demon
invaded and assaulted the San Franciscan and their family in their
home.

It is a further deeply held belief that the San Francisco Police
Department is less responsive to the minority neighborhood communities
in crime suppression than upscale neighborhood communities. This
creates an overwhelming need for decent, law-abiding members of the
minority neighborhood communities to have home protection against
murderers, rapists and robbers.

This being the only way a San Franciscan in the minority
communities could defend themselves and their families against the
pitiless barbarians, who with the ruthless ferocity of a beast would
kill and maim their hapless victims, who were in the presumed safety
of their own homes.

This is further compounded by the San Francisco Police
Departments inability to protect victims willing to testify about
crimes in the minority neighborhood communities. This has resulted in
the criminal's retribution against the crime victim, for identifying
and testifying against the criminals, who have wantonly with impunity
murdered, raped and robbed members of the minority neighborhoods.

This causes a further need for a decent, law-abiding San
Franciscan to have to defend themselves in the sanctity of their own
home from revenge bent prison hardened brutes.

What can you do to feel safe in your own home when the San Francisco
Police Department lets these inhumane blood-stained butchers free to
slaughter decent, law-abiding San Franciscans in their own homes?

SECTION 4. Purpose and Intent.

The People of the City and County of San Francisco declare their
purpose and intent in enacting the Initiative Ordinance" Home Safety
Protection Act" to be as follows:

To allow a decent, law-abiding adult San Franciscan, to have
the right of choice, to protect themselves and their families, in
their homes from violent murderers, rapists and robbers who would
cause them and their families' grievous bodily harm by allowing
weapons to be owned for home safety protection.

To facilitate the home safety protection process the San
Francisco Police Department or San Francisco Sheriffs Department would
accept the standards already enforced under federal and state legal
standards for background investigations and training courses to clear
an individual who would apply to buy weapons for home safety
protection.

SECTION 5. Home Safety Protection Act:

Be it resolved, the citizens of San Francisco City and County do
establish the following Ordinance:

Any resident of San Francisco who through the established and
mandatory federal and state background investigation is cleared for
the purchase of weapons for home safety protection and has completed
all necessary safety training courses and any other state or federal
legal requirements will be declared de facto cleared for owning
weapons for home safety protection in San Francisco.

Not withstanding any prior City ordinance, the Home Safety
Protection Act, shall supersede any previous established City
Ordinance(s) regarding the ownership of weapons for home protection by
decent, law-abiding adult San Franciscans who have complied with all
the mandatory federal and state background investigations.

No further processing, investigation or "vetting" will be
required, nor be required in the future, of the San Francisco Police
Department or San Francisco County Sheriffs Department for any permit
or registration requirements to own weapons for home safety protection
by any decent, law-abiding adult San Franciscan who so chooses to
protect themselves and their families in the sanctity and safety of
their own home.

SECTION 6. Effective Date.

The provisions of this ordinance shall take effect immediately
after certification of the election results by the San Francisco Board
of Supervisors.

SECTION 7. Severability.

If any provision of this ordinance or the application thereof to
any person or circumstances is held invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect other provisions or
applications of this act that can be given effect without the invalid
or unconstitutional provision of this application, and to this end the
provisions of this ordinance are severable.

SECTION 8. Amendments.

The provisions of this initiative, once enacted, may not be amended
except by another initiative measure.

In the event, the San Francisco Board of Supervisors deems it
necessary to amend this Home Safety Protection Act, the Board of
Supervisor Rules are suspended for placing a Supervisors Initiative on
the ballot, in that no less than 8 votes will be required. In
addition, the Mayor of San Francisco will be required to sign this
amending initiative, with their endorsement, before it may be placed
on the ballot.

If an Amendment is to be placed on the ballot through Initiative
signatures then all currently existing requirements will be adhered to
by the Initiative circulators.

In the event such an initiative amendment is certified by the
Board of Supervisors, after an election, the new terms may not take
effect for a period of one full year after certification or Jan.1 of
the year following certification which ever is greater.

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