Time: Tue Jul 22 12:04:02 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id MAA16724 for [address in tool bar]; Tue, 22 Jul 1997 12:00:24 -0700 (MST) by usr01.primenet.com (8.8.5/8.8.5) with SMTP id LAA05809; Tue, 22 Jul 1997 11:44:24 -0700 (MST) Date: Tue, 22 Jul 1997 11:43:54 -0700 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: The Public Servant Questionnaire (fwd) <snip> > >http://www.liberty.com/home/kholder/psq.html > >The Public Servant Questionnaire >by Daniel J. Schultz > > > Here is ... an article I wrote about the Public Servant Questionnaire that recently > appeared in The Firearms Sentinel, the official publication of Jews for the > Preservation of Firearms Ownership and the PSQ. Don't leave home without it! > > As we have seen by recent events, law abiding citizens are sometimes visited by > agents of the federal government for no apparent reason. It is helpful, at the time of these > visits, to recall that unless a citizen has been placed under arrest (either because a law > enforcement officer has probable cause to believe the citizen has committed a crime or > because the officer has in his possession an arrest warrant issued by a judge who > believes there is probable cause the citizen has committed a crime), a citizen does not > have to entertain the company of government agents. Citizens enjoy a right to privacy, > the "right to be left alone," as well as the right, guaranteed by the Fifth Amendment to the > United States Constitution, to not testify against themselves. Thus, when the government > comes knocking on your door, you have the right to simply say, "Please go away." Unless > the government places you under arrest (it must have probable cause or an arrest > warrant based on probable cause), it must obey your wishes. > Of course, citizens also have a vested interest in assisting the government in its role > of crime-solver. Most of us understand the need to assist the government in apprehending > criminals. But it is also helpful, when the government arrives at your place of employment > or at your home, to be armed with knowledge to assist you in determining the reason why > the government agents have appeared at your doorstep. A handy little questionnaire that I > came across years ago will do the trick. It's called the "Public Servant Questionnaire," > and a version of it accompanies this article. The PSQ was developed by Lynn Johnston, > author of Who's Afraid of the IRS? (Libertarian Review Foundation 1983, ISBN > 0-930073-03-7). The PSQ is based on the requirements placed upon the government by > The Privacy Act of 1974 (Public Law 93-579), an amending law to Title 5, United States > Code, Section 552, and is included as Section 552a. > If a citizen chooses to cooperate with the government officials who are seeking > information, before the questioning is allowed, the citizen should systematically and > politely inform the government agent or agents that a prerequisite for the citizen's > cooperation with the government is the agent's cooperation with the citizen. The > questions should then be put to each agent, and the citizen should enter the answers onto > the questionnaire. Copies should be provided each agent, either at the time of the > questioning or by mailing them to the agent after the visit. The questionnaire informs the > government agent that the citizen knows his rights and knows which limited powers the > government agent has been granted by the people. Most probably the government agents > will not want to fill out or sign the PSQ. That's fine. They can then be sent on their merry > way, and perhaps explain to their superiors, and a court of law, and a jury, on another > day, why they refused to cooperate with the reasonable questions of the highest > officeholder in the land, a citizen. > > * * * > > Daniel J. Schultz is a graduate of the United States Military Academy at West Point, New > York and a practicing attorney in Los Angeles, California. He is the President, and a co-founding > member of, The Lawyer's Second Amendment Society, a nationwide network of pro-right to keep > and bear arms attorneys. Inquiries to the LSAS may be made by calling (818) 734-3066 or by > writing to the LSAS, 18034 Ventura Boulevard, No. 329, Encino, California 91316. Mr. Schultz may > be reached on the Internet at rkbaesq@aol.com. Mr. Schultz also co-founded and formerly > co-hosted "It's Not About Guns . . . It's About Freedom," Los Angeles' only one-hundred per cent > pro-right to keep and bear arms talk radio program, which airs every Tuesday evening, from 8:30 to > 10:30 p.m., on KIEV AM 870, Glendale, California. "It's Not About Guns . . . " continues to be > co-hosted by the other two co-founders of the LSAS, attorneys Steve Silver and David > DePasquale. > > > > > PUBLIC SERVANT'S QUESTIONNAIRE > > Public Law 93-579 states in part: "The purpose of this Act > is to provide certain safeguards for an individual against > invasion of personal privacy by requiring Federal agencies . . . > to permit an individual to determine what records pertaining to > him are collected, maintained, used or disseminated by such > agencies." > > The following questions are based upon that act and are > necessary for this individual to make a reasonable determination > concerning divulgence of information to this agency. > > 1. Name of public servant_____________________________________ > 2. Residence address__________________________________________ > City: ______________________State__________Zip____________ > 3. Name of department of government, bureau, or agency by which > public servant is employed_________________________________ > ___________________________________________________________ > Supervisor's name__________________________________________ > 4. Office mailing address_____________________________________ > City_________________________State__________Zip____________ > 5. Will public servant uphold the Constitution of the United > States? Yes___ No___ > 6. Did public servant furnish proof of identity? Yes___ No___ > 7. What was the nature of proof? I.D. No.____________________ > Badge No.__________________________________________________ > Driver's License No. ______________________________________ > 8. Will public servant furnish a copy of the law or regulation > which authorizes this investigation? Yes___ No___ > 9. Will the public servant read aloud that portion of the law > authorizing the questions he will ask? Yes___ No___ > 10. Are the citizen's answers voluntary? ___ Or mandatory?___ > 11. Are the questions to be asked based upon a specific law or > regulation? ___ or are they being used as a discovery > process? ___ > 12. What other uses may be made of this information? ___________ > ____________________________________________________________ > ____________________________________________________________ > ____________________________________________________________ > 13. What other agencies may have access to this information? ___ > ____________________________________________________________ > ____________________________________________________________ > ____________________________________________________________ > 14. What will be the effect upon me if I should choose to not > answer any part or all of these questions? _________________ > ____________________________________________________________ > ____________________________________________________________ > ____________________________________________________________ > ____________________________________________________________ > 15. Name of person in government requesting that this > investigation be made?______________________________________ > ____________________________________________________________ > 16. Is this investigation "general"? ___ or is it "special"? ___ > > NOTE: By "general" is meant any kind of blanket investigation in > which a number of persons are involved because of geography, type > of business, sex, religion, race, schooling, income, etc. By > "special" is meant any investigation of an individual nature in > which others are not involved. > > 17. Have you consulted, questioned, interviewed, or received > information from any third party relative to this > investigation? Yes___ No___ > 18. If yes, the identity of all such third parties: ____________ > ____________________________________________________________ > ____________________________________________________________ > ____________________________________________________________ > ____________________________________________________________ > 19. Do you reasonably anticipate either a civil or criminal > action to be initiated or pursued based upon any of the > information which you seek? Yes___ No___ > 20. Is there a file of records, information, or correspondence > relating to me being maintained by this agency? Yes___ > No___ > 21. Is this agency using any information pertaining to me which > was supplied by another agency or government source? Yes___ > No___ If yes, which agencies and/or sources? ______________ > ____________________________________________________________ > ____________________________________________________________ > ____________________________________________________________ > ____________________________________________________________ > 22. Will the public servant guarantee that the information in > these files will not be used by any other department other > than the one by whom he is employed? Yes___ No___ > > If any request for information relating to me is received > from any person or agency, you must advise me in writing before > releasing such information. Failure to do so may subject you to > possible civil or criminal action as provided by the act or other > applicable statutes. > > _________________________________________________________________ > > AFFIRMATION BY PUBLIC SERVANT > > I swear (or affirm) that the answers I have given to the > foregoing questions are complete and correct in every particular. > > ___________________________________________________________ > [Must be signed in ink. The signature should be witnessed > by two people. Citizen may administer an oath if he so > desires.] > > Witness_____________________ Witness______________________ > > > > > Please, those of you who are adept at using the Internet, post the PSQ and the accompanying > article everywhere you can. I've uploaded it to the Compuserve Firearms Forum library and posted > it in the Lawyers and Guns forum in GunTalk on America Online. If you are a user of these two > services, please post it in other locations on them. If you use other services, please post it on > them. I may have posted it long ago on talk.politics.gun. Please also feel free to add the article and > the PSQ to web pages. Thanks in advance. We must learn and re-learn our rights if we are to > remain free. I highly recommend everyone get a copy of the "Citizens Rule Book" from Whitten > Printers, 1001 S. 5th St., Phoenix, AZ 85004, (602) 258-6406. An alternate source is Christian > Patriots, P.O. Box 521, Placentia, CA 92670, (714) 449-9504. It's about a buck a piece if you buy in > bulk. Every citizen should have one of these, especially if you want to understand the power of > the jury. > > Best regards, > > Dan Schultz DJSchultz1@AOL.COM > > > >*************************************************************************** ********************* >If you want to see who your enemies are, look to see who would disarm you. >*************************************************************************** ********************* > > >--------------------------------------------------------------------------- ----------------- >To subscribe or unsubscribe, email >majordomo@majordomo.pobox.com with the message: > subscribe ignition-point > or > unsubscribe ignition-point > http://ic.net/~celano/ip/ > > > >-> Send "subscribe snetnews " to majordomo@world.std.com >-> Posted by: burro@panama.gulf.net > > > ======================================================================== Paul Andrew Mitchell : Counselor at Law, federal witness B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU website: http://www.supremelaw.com : visit the Supreme Law Library now ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this As agents of the Most High, we came here to establish justice. We shall not leave, until our mission is accomplished and justice reigns eternal. ======================================================================== [This text formatted on-screen in Courier 11, non-proportional spacing.]
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