Professional Documents
Culture Documents
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I DonaldE.J.Kilmer,Jr.,(SBNt 179986)
LAV/ OFFICESOF DONALD KILMER
2 A Professional
Corporation
126l LincolnAvenue,Suite111
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SanJose,California95125-3030
Telephone: 4081998-8489
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'J 4 Facsimile: 4081998-8487
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E-Mail: DKIawOfc@sbc global.net
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Attornevfor Plaintiffs
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TJNITEDSTATES DISTRICT COURT
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F'ORTHE NORTHERN DISTRICT OF CALTFORNIA
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RUSSELLALLEN NORDYKE and CaseNo.: C 99 04389 MJJ
l3 SALLIE ANN NORDYKE, dbaTS TRADE
SHOWS, JESSB. GIJY, DUANE DARR, DECLARATION OF JESSB. GUY,
t4 V/ILLIAM J. JONES,DARYL N. DAVIS,, Plaintiff.
TASIANA WERTYSCHYN,JEAN LEE,
15 TODD BALTES,DENNIS BLAIR, R. L.
t6 (Bob) ADAMS, ROGERBAKER, MIKE 3-2cf,6
HearingDate: ödT.
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FOURNIER andVIRGIL MoVICKER.
t7 Hearing Time: 9".2o A .tu .
18 Judge: Martin J. Jenkins
vs. Courthouse: U.S.Court House
t9 450 GoldenGateAve.
Santr'rancisco
20 MARY V. KING, GAIL STEELE,V/ILMA California 94102
CHAN, KEITH CARSON,SCOTT
2l HAGGERTY,The COUNTY OF
ALAMEDA, and The COUNTY OF
22 ALAMEDA BOARD OF SUPERVISORS.
ffi 23
Defendants.
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1.
2.
I am one of the namedplaintiffs in the above-entitledaction.
4 Jose StateUniversity.
6 University.
8 8. I was employed by the Bureau of Alcohol, Tobacco & Firearms (ATF) from 1970to
9 1998 as a Special Agent and as a Supervisorof Special Agents. I received initial training
t2 explosives from the U.S. Anny at Ft. Belvoir, the Federal Law Enforcement Training
13 Center, and various Explosives OrdnanceDisposal Units in the U.S. Army and Navy.
20 regulatory and enfoicement actions of gun shows throughout the jurisdiction that was
2T assignedto me.
22 11. I have personal knowledge of the evolution of gun shows from the early 1970'sthrough
24 12. I have instructed federal and state law enforcementofficers, members of the U.S.
26 and functioning of firearms and explosives. I have testified in federal and statecourts
27 throughout the western United Statesand the Territory of Guam as an expert on firearms
Donald Kilmer z1Q
Anomeyat Lâw Lv and explosivesover 60 times.
126l LincolnAve.
SüiteI I I
Sil Jose,CA 95125
Vc:408/998-8489 Nordykev. Kine Page2of 14 Declaration:JessB. Guv
Fx; 408/998-8487
I 13. I have also been a contract consultantto the Stateof California, under two Attorneys
10 14. I have co-authoreda textbook for college coursesentitled "Legal and Illegal Arms
t7 16, I am presently employed by the Santa Clara County Alternate Defender's Office as a
2l 18. I am a proud member of the gun culture and regularly attend gun shows throughout
23 t9. I believe that the "right to keep and bear arms" as a core political right that can be
24 conveyed via the possessionof firearms at a gun show for the following reasons:
25 a. Possessionof a gun at a gun show also supportsmy belief that the "right to keep
26 and bear arms" is essentialfor the preservationof all rights. For example:
2 ii. This sad fact of history, which has been repeatedin Germany,
a
J China, Cambodia, The Soviet Union, Uganda and Rwanda,must
7 iii. To help keep the concept of an armed and ever vigilant citizewy,
T2 firearms.
t7 c. It is also my firmly held belief that my possessionof guns at a gun show can
r9 gUn control activists, and people who are neutral on the issue, that gun owners
2l d. When I was an attorney in private practice, I was in the process of making plans
22 to contract with TS TRADE SHOV/S for a table at their gun shows. As I plan my
24 private attorney specializing in firearm related litigation (both criminal and civil).
25 As I have specialknowledge with regard to federal and state firearms laws, I want
27 and potential clients how to comply with California law. By prohibiting the
DoDaldKilmer
Attomey at Iåw 28 possessionof firearms on County property, the ordinance effectively preventsme
126l LincolnAve.
SuiteI I I
SÐ.Jose,CA 95125
Vc: 408/998-8489 Nordvkev. Kins Page4of 14 Declaration:JessB. Guy
Fx: 408/998-8487
I from rendering this educational serviceto potential clients.
2 e. Gun òhowsprovide one of the best locations for education and familiarization of
a
J the various types of firearrns found within the United States. There are avaÅety
10 identification of a firearm's lawful statusunder federal and state law. which are
t2 a
Þ' Gun shows bring hundreds,if not thousands,of firearms to one location, where
t7 provoking.
18 h. The information and material that I obtain at gun shows is used in maintaining my
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19 own statusas a bona fide expert in firearms for court matters.
20 As a former ATF agentI was trained in the legal aspectsof buying and selling of
2T firearms by private parties and licensedfirearms dealers. I know that federal and
6 critical role in determining the legality of a firearm. For example: Certain firearms
t4 a felony.
15 n. The date of manufactureof certain "assault weapons" makes them legal or illegal
T6 under federal law. The only method of determining the lawful statusof these
17 firearms is by physically examining the serial number and any other markings
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1R found on the firearm. Buyers must examine and understandthe markings in order
2l California state law as to "assault weapon" status. In many casesit is only what
24 p. Under current federal and state law, gun shows are monitored by severalfederal
26 offered for sale at gun shows, and insure compliance with all existing laws. There
the gun show. There would be no verification that the photograph is what it
I)onald Kilmer '¡Q
Attomcy at låw L o
126l Lincoh Ave.
SùiteI I I
SanJose,CA 95125
Vc: 408/998-8489 Nordyke v. Kine Page6 of 14 Declaration: JessB. Guy
Fx: 408/998-8487
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I purports to be in the records of a licensee. This would impact law enforcement
4 many times they are not as originally manufactured. In the matter of a purchaser
5 looking for a hunting or sporting rifle or shotgun,there is a real need for personal
8 on stocks,all play a role in the proper fit of a firearm for purchase. The fit of a
11 consumer.
t2 r. While not a common occurence, but one of seriousimpact, many firearms which
t4 automatic. This is usually unlawful (felony) under federal and state law.
15 Additionally, some older firearms, through use and/or abuse,have worn parts in
t6 them which facilitate full automatic fire. The only manner of examination which
T7 insures safe and lawful sale and possessionof such firearms is a physical
I9 replicate firing.
20 s. The use of photographsas a substitutefor the actual firearms offered for sale
22 purposes.
23 I am also a certified instructor for the National Rifle Association in rifle, pistol,
26 the public atlarge in safe firearm handling. If flrrearmsare not allowed at guns
4 other important and worthwhile reasonsto attend such a show, they hold little
7 where they are in dangerof becoming extinct - I am supporting the National Rifle
1 1 20. When I attend gun shows and seeother patrons,vendors and exhibitors possessingand
t2 displaying frrearms,I am in turn on the receiving end of many of the messagesI intend to
t4 When I seemy fellow citizens exercising their right to acquire and possess
16 working for grassroots gun rights, making financial donations and recruiting new
T7 members.)
'When
l8 b. I give safety instructions at gun shows, and show people how to safely
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t9 handle f,rrearms,I am creating allies in my political beliefs.
2I am reminded that I am not alone in my belief that a virtuous and armed citizenry
23 threat to liberty.
25 "keep and bear arms" I am reminded of how important the right of dissentis in
26 this country. Thus the conflict of ideas regarding the very nature of acquiring and
4 21. I have personallywitnessed,over the past 10 years,the closingof many venuesfor the
5 "gun culture." Many storeswhich used to carry fireanns have been closed or zoned out
6 of existence. Shooting rangesin the Bay Area have been closed. Gun shows have been
7 banned at fairgrounds in Marin County, Santa Ctuz, San Mateo, Sonomaand of course
8 Alameda County. Although I am supportive of Russ and Sally Nordyke and consider
9 them good friends, I would never attend a gun show that did not permit its patrons,
10 exhibitor and vendors to possessand/or display actual (as opposedto pictures of)
l1 firearms. The idea that a gun show can take place without guns present strainsthe
12 boundariesofreason.
r 3 22. On the weekendof April 8 &,9,2006,I attendeda T&S Gun Show in SanJoseat the
T4 Santa Clara County Fairgrounds. I was presentwhen the photographsset forth in the
22 gun show (with real gun present)to recruit members and lecture
24 ll. The table at the front door with the armed security guard standing
25 behind it, is for the purpose of checking all firearms entering the
4 compliance. In my opinion the Nordykes run one the most (if not
6 California.
11 b. EXHIBIT B. This seriesof pictures was taken from the upstairs observation
t2 booth which permits an overview of the entire floor of the gun show. The
t3 building is L-shaped. The pictures showing an empty building are shotsof where
t6 the television and newspaperreports that Alameda County has so far been
18 observation of gun shows at the Santa Clara Fairgrounds for the last 30 years,and
l r t9 I also base it on conversationsI have had with other patrons and vendors at gun
20 shows. The conventional wisdom is that the Alameda is winning the public
2l relations war to shut down gun shows by associatingthem with criminal activity
24 of historical significance.
4 driven out of businessif the gun shows are closed becausethe draw of gun
5 owners attending the gun show is the only v/ay to generatethe traffic they needto
t7 requires that the guns be safety tied, this vendor goes one step
2l and thus gun shows in Nevada do not require that handguns,or any
23 i. EXHIBIT I. Shows a display of antique and collectible long guns. (Rifles and
24 shotguns.)
27 vendor driven out of the businessthat they can conduct at gun shows if they are
DoDaldKllmer ',
Attomeyat Law Lve banned from county property.
126I LincolnAve.
SuiteI I I
Sæ Jose,CA 95125
Vc:408/998-8489 Nordykev. Kine Pase11of 14 Declaration:JessB. Guy
Fxi 4081998-8487
I l. EXHIBIT L. Showsa knife vendor.
5 notethat it alsosometimesnecessary
to bring a gunto a gun showwhenlooking
6 for partsto makesureyou arebuyingthe correctpart for a particularmodelor
7 seriesof frrearms.
9 with firearms.
t3 is thevendor'sdog.
22 itself
NationalRifle Associationfocuseson nationalpolitics,the GS2Aconcerns
27 off a rifle. The presenceof the prize rifle at their boothhasboth a political and
Donald Kilmer
Ättomey at l2w 28 regardingthe acquisitionof fireanns. Their effortsare
commercialmessage
126l LincolnAve.
sUtrellt
Sæ Jose,CA 95125
Vc: 408/998-8489 Nordykev. Kine Page12of 14 Declaration:JessB. Guy
Fx:408/998-8487
I particularlyurgentgiventherapidly deterioratingstatusof gun ownershipin
4 or FederalConstitutions.
6 andartwork.
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past30 years. Todaytheseshowsaremoretightly regulatedthanthey werebefore
20 backgroundcheckandthe gun is held for l0 days. This is true for all sales,
26 opinion much of the gun buying public is simply moving their business
4 that matter.
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1l Americathat the forgoing is true and correctand that this declarationwas executedin SanJose,
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Don.ld Kilñer
/A,fromcy at [åw 28
126 | L¡ncoln Ave.
Suite I I I
San Jose,CA 95 125
Vc: 408/998-8489 Nordvke v. King Page 14 of 14 Declaration:JessB. Guy
Fx: 408/998-8487
EXHIBITA
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT I
EXHIBIT J
EXHIBIT K
EXHIBIT L
EXHIBIT M
EXHIBIT N
EXHIBIT O
EXHIBIT P
EXHIBIT Q
EXHIBIT R
EXHIBIT S