Don Birdís One-Man Battle
Ends at Supreme Court -- But he hasnít given up the war
May 8, 2003
KeepAndBearArms.com -- I have been sporadically reporting on Don Birdís
fight to regain the free exercise of California citizensí right to own and use
firearms since 2001. By himself, this 68 year old patriot has waged a legal
battle against the anti-freedom governor and attorney general of this
liberal-controlled state. However, this particular legal battle has ended with
the U.S. Supreme Courtís decision on May 5 to deny certiorari (refusal to hear
In response to Californiaís unconstitutional ban on certain semi-automatic
rifles, Mr. Bird originally filed suit on June 12, 2001 against Governor Gray
Davis, a number of California senators and assemblymen, and 10 John Does and
Jane Does, claiming damages for violation of his civil rights, specifically his
right to own and use firearms as protected under the Second Amendment of the
The suit was filed in the Eastern U.S. District Court of California, citing U.S.
Code Title 18, which outlines various legal sanctions against government
officials, who conspire to misuse their offices and powers to violate the
constitutional rights of their fellow citizens, and Title 42, which outlines the
legal remedies citizens have for violations of constitutional rights.
The Case went through several evolutions, and in the end became a request for
the high court to issue a writ of mandamus requiring Governor Gray Davis to
state publicly that the Second Amendment guaranteed an individual right to keep
and bear arms. After reviewing Mr. Birdís petition, the Supreme Court declined
to hear this action, and, as usual, gave no reason for doing so.
It is highly unusual for an individual with no formal legal training (such as
Mr. Bird) to reach the level of the U.S. Supreme Court, and this result is a
testament to Mr. Birdís determination and intellectual abilities.
ďBut Iím not giving upĒ Mr. Bird told me in a telephone conversation. ďI have
another lawsuit Iím going to file. Iím going to keep at it, keep pushing them.
All these lawsuits that are happening now are keeping the pressure up to get our
Heís right. And heís a remarkable patriot for taking on these tasks by himself.
Read Mr. Birdís story from the beginning:
California Patriot Stands Up and Fights
Don Bird Lawsuit Exposes CA Contempt for Rights
Don Bird Continues Unique Battle