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I DonaldE.J.Kilmer,Jr.,(SBN: 179986)
LAV/ OFFICESOF DONALD KILMER
2 A Professional
Corporation
126l LincolnAvenue,Suite111
a
J SanJose,California95125-3030
Telephone: 4081998-8489
4 Facsimile: 4081998-8487
E-Mail: Dl(lawOfc @sbcglobal.net
5
Attornevfor Plaintiffs
6

8
UNITED STATESDISTRICT COURT
9
FOR THE NORTHERN DISTRICT OF CALIFOR¡UA
i ) 10

11

t2
RUSSELLALLEN NORDYKE and CaseNo.: C 99 04389 MJJ
13 SALLIE ANN NORDYKE, dbaTS TRADE
SHOWS, JESSB. G[TY,DUANE DARR, DECLARATION OF YIRGIL Mc
I4 ÏVILLIAM J. JONES,DARYL N. DAVIS,, VICI(ER, Plaintiff.
TASIANA TVERTYSCHYN, JEAN LEE,
15 TODD BALTES,DENNISBLAIR, R. L.
(Bob) ADAMS, ROGERBAKER, MIKE
I6 HearingDate: Oor . 3sítæ 6
FOURNIERandVIRGIL McVICKER.
17 Hearing Time: ?:Ao d./1A
"
Plaintiffs,
18 Judge: Martin J. Jenkins
"'-.--,i VS. Courthouse: U.S.Court House
T9 450 GoldenGateAve.
SanFrancisco
20 MARY V. KING, GAIL STEELE,WILMA California 94102
CHAN, KEITH CARSON,SCOTT
2l HAGGERTY,The COUNTY OF
ALAMEDA, and The COUNTY OF
22 ALAMEDA BOARD OF SUPERVISORS.
Defendants.
23

24

25 I, Virgil McVicker, declareas follows:

26 1. I am one of the namedplaintiffs in the above-entitledaction.

27 2. I am a citizen/residentof the Stateof California.

Donald Kilmer
Attoney at I¿w
126l LincolnAve.
Suite I I I
28 3. I ama citizen of the United States. ffi@PV
SM Jose,CA 95125
Vc: 408/998-8489
Fx: 408/998-8487
Nordvke v. Kins Page 1 of 6 Declaration: Virgil McVicker
 I 4. My addressfor serviceof processin this actionis: Law Officesof DonaldKilmer; 1261

2 LincolnAvenue,Suite111;SanJose,CA g5L25.

3 5. I wasa Colonelin the UnitedStatesArmy, SpecialForces.I servedin Koreaand

4 Vietnam. I am the recipientof numerousawards/medals my actionsin

commemorating

5 variouscombataction,campaignsandtheatersof operations.

6 6. I hold a Masterof ScienceDegreein BusinessAdministrationfrom CaliforniaState

7 University,Long Beach.

8 7. I hold a Bachelorof Arts Degreein Economicsfrom CentralV/ashingtonState

9 University.
.t l0 8. Iama Graduateof the UnitedStatesArmy CommandandGeneralStaffCollege.

ll 9. I am licensedasa CertifiedPublicAccountant,Litigation Specialty,andCourt Special

T2 Master.

13 10. I servedin the Administrationof PresidentReaganas SeniorPolicy Advisor for Private

I4 Enterprisein the StateDepartment.

15 ll. I am currentlyretired.

l6 12. I am not a memberof the NationalRifle Association(lt{RA). I do supportsomeof their

t7 goalsandobjectives.Most of thepolitical actionandadvocacywork I do on behalfof

t"' \
1 1
18 the "right to keepandbeararms"is donethroughthe MadisonSociety.

I9 13. I am a proudmemberof the gun cultureandregularlyattendgun showsthroughout

20 NorthernCalifornia(wherethey still exist)andNevada.
2l 14. I believethat the "right to keepandbeararms"asa coreconstitutionalright that canbe
22 conveyedvia the possession
of firearmsat a gun showfor the following reasons:

23 a. of a gun at a gun showsupportsmy belief thatthe "right to keepand

Possession

24 bear arms" is essentialfor the preservationof all rights. To help keep the concept

25 of an armed and ever vigilant citizenry,jealous of its liberty, alive; I take every

26 opportunity I can to exercisemy " right to keep and bear ams." This includes

27 attending and participating in gun shows where I have the freedom to purchase,
Do¡ald Kilmer ô o
A.ttomeyat Law LO handle, inspect, admire, study and discussreal firearms.
126l LincolnAYe.
SuiteI t I
SanJose,CA 95125
Vc; 408/998-8489 Nordyke v. Kine Page2 of 6 Declaration:Virsil McVicker
Fx: 408/998-8487
 I b. It is my strongly held belief that so long as I continue to exercisea personalright

2 to possessfrrearms,while meeting with like-minded individuals, that I am

J contributing to the preservationof rights and the marketplaceof ideasby

4 translating abstractrights into tangible and concreteaction.

5 c. It is also my firmly held belief that my possessionof guns at a gun show can

6 convey a particularized messageto people opposedto my views. By reminding

7 gun control activists, and people who are neutral on the issue, that gun owners

8 are made up of diverse and responsiblemembersof society.

9 15. When I attend gun shows and seeother patrons, vendors and exhibitors possessingand
.':'.\
_ ) 10 displaying firearms, I am in turn on the receiving end of many of the messagesI intend to

11 convey by my possessionof guns as set forth above. Additionally:

'When
t2 a. I seemy fellow citizens exercising their right to acquire and possess

13 firearms at gun shows,I am encouragedto remain active in the Madison Society.

T4 (i.e., working for grassroots gun rights, making financial donations and recruiting

15 new members.)

T6 b. When I give safety instructions at gun shows, and show people how to safely

T7 handle firearms, I am creating allies in my political beließ.

18 c. When I seefellow membersof the gun culture possessingfirearms at gun shows,I

{")
t9 am reminded that I am not alone in my belief that a virtuous and armed citizenry

20 is a bulwark againstany person, or group of persons,who could be a potential

2I threat to liberty.
'When
22 d. I seeadvocatesof stricter gun control at gun shows protesting my right to

23 "keep and bear arms" I am reminded of how important the right of dissentis in

24 this country. Thus the conflict of ideas regarding the very nature of acquiring and

25 possessingfirearms, helps to keep the First Amendment alive, while we engagein

26 rhetoric about the SecondAmendment.

27 e. If I were to seea group of anti-gun protestersat a gun show burning andlor

Donald Kilmer
Attomey at I¿w 28 otherwise mutilating firearms, I would understandthat they intend to convey a
l26l LincolnAve.
S u i æl l l
Sm Jose,CA 95125
Vc: 408/998-8489 Nordvkev. Kins Page3 of 6 Declaration:Virgil McVicker
Fx: 408/998-8487
 I messagethat they hate guns.

2 16. I havepersonallywitnessed,over the past 10 years,the closing of many venuesfor the

3 "gun culture." Many storeswhich used to carÐ/ firearms have been closed or zoned out

4 of existence. Shooting rangesin the Bay Area have been closed. Gun showshave been

5 bannedat fairgrounds in Marin County, SantaCruz, San Mateo, Sonomaand of course

6 Alameda County. Although I am supportive of Russ and Sally Nordyke and consider

7 them good friends, I would never attend a gun show that did not permit its patrons,

8 exhibitor and vendors to possessand/or display actual (as opposedto pictures of)

9 firearms. The idea that a gun show can take place without guns actually presentstrains

) r o the boundariesof reason.

11 17. I have been personally presentas a patron and exhibitor at the gun shows operatedby TS

t2 TRADE SHOWS at all of the various locations throughout Northern California -

l3 including, but not limited to the gun shows at the Alameda County Fairgrounds.

I4 a. I am the presidentof the Madison Society,a Nevada non-profit corporationwith

15 its registeredplace of businessin CarsonCity, Nevada. The society has many

T6 branch chaptersin California.

17 b. The Madison Society is a membershiporganizationwhose purpose is preserving

r'' ",.
l" '¡
18 and protecting the legal and constitutional right to arms of its membersand of all

19 law-abiding, responsibleAmericans in general.

20 c. Our mission is to educate,promote, and preservethe right to keep and bear arms.

2I We accomplish this through firearm training classes,group discussions,

22 demonstrations,public awarenessprograms, and litigation.

23 d. The Madison Socíetyengagesin andlor supportslitigation in California and

24 nationwide, in support of its members' First and SecondAmendment rights.

'We
25 e. also file briefs as amici curiae in casesthat we believe support the right of

26 every law-abiding citizens to "keep and bear arms."

27 f. The Society also engagesin political, educational and advocacy by advertising,

Do¡ald Kilmer
Attomeyat Law
)9.
-e publishing and distribution of literature and contact with public officials.
l26t LinælnAve.
Suitet I I
Sm Josq CA 95125
Vc: 408/998-8489 Nordvke v. Kine Page4 of 6 Declaration:Virgil McVicker
Fx: 408/998-8487
 I t
Þ' The political and educationalactivities are especially fruitful and effective at the

2 gun shows,including but not limited to the gun shows that have historically been

J conductedat the Alameda County Fairgroundsby TS TRADE SHOV/S.

4 h. In addition to political and educationalactivities conducted at gun shows,the

5 Madison Society seeksdonationsand funding by holdingprize drawings for

6 various merchandisewhich are often firearms.

7 We would like to continue to hold such drawings at the gun shows atthe Alameda

8 County Fairgrounds,however the Ordinancethat prohibits the possessionof

9 firearms on County property has had a chilling effect on the attendanceof gun

10 shows atthatvenue, this apparentlyresulted in the cancellation of the gun show

11 that was scheduledfor the weekendof November617,1999 and all show since

t2 thatdate, at the Alameda County Fairgrounds.

13 J. This ordinancewould also prevent the display of any firearm offered by my

l4 organization as a prize drawing.

15 k. The Society dependsa greatdeal on the funding generatedby thesedrawings,

r6 where donors can examine the personalfit and quality of the firearm offered as

I7 the prize. The Society would like to continue to conduct drawing where we

r-: 18
T9
display actual firearms.

While the Madison Society would like to continue to attend eventswhere they can

20 find and recruit like-minded individuals; it would appearthat the Alameda

2l Ordinance imposing criminal sanctionsfor the possessionof - even when they

22 are unloaded and safety-locked- firearms has had a chilling effect on people

23 willing to attend gun shows at the Alameda Fairgrounds venue. The effectively

24 violates the ability of the Mødison Society to assembleand associatewith like-

25 minded individuals at the Alameda County Fairgrounds for the purposeof

26 fulfilling our charter.

27 m. It is regrettablethat our laws and political institutions, while attemptingto break

Donald Kilmer
Aftomey at f¿w 28 down the irrational barriers among our citizens with regard to race, ethnicity,
126l LincolnAve.
SuiteI tl
Sm Jose,CA 95125
Vc:408/998-8489 Nordvkev. Kins Page5 of 6 Declaration:Virgil McVicker
Fx: 408/998-8487
 1 genderandevensexualpreference;nou¡seemintenton a courseofaction
2 purposefi¡lly
designed
to marginalizelaw-abiding in the
firearmsenthusiasts
3 pursuitof theirhobbiesandsportingactivities.
whollyinnocent
4 18. Firearms,especiallyin thehandsof a virtuouscitizeffy, aresynbolsof freedomfor a
5 peoplewhochsishliberty;just asfüearmscanbea symbolof oppression
and
6 intimidatíonwhendisplayed
by despotsanddictatorships.À law-abidingcivilian
7 American,openlyandpubliclyhotdinga rifle at gunshowat a CountyFairgrounds;
is
I thecounter-example
of theSovietMay Dayparadest witnessedwhenI wasin theArmy.
9 Thoseparades
featured
thedisplayofthe State'sarms.Thoseannsì\'eretoolsof
l0 aggression, andfear.Theyweredisplayedto intimidateihe W'estandinsurc
oppression
ll fromtheSovietUnion'sll/arsawPact'heighbord'beforethc fall of theBerlin
obedience
12 lñ/all. Theright to responsiblyelçress(andexercÍse)
my'Tight to keepandb€aranns"
l3 -' atapublic venue,withoutfearofprosecutiono¡ intimidatiorlis oneof thereasons
I
t4 proudlyservedmy country.It is alsothereasonI continueto fight for lhatpølladfumof
l5 our individualrightswhichis the SecondÂmendme¡rt.
l6
r7 I decla¡eunderpenaþ of perjury under the laws of California and the United Søtesof

r8 America fhat the forgoing is true and correct and that this decla¡ationwas executedin SanJose,

t9 Califomiaon April 28,2006.

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Nord.vkcv-King Page6 of 6 DeclaÍation:Virgil McVicker
 1 gender and even sexualpreference;now seemintent on a course ofaction

2 purposefully designedto marginalize law-abiding firearms enthusiastsin the

a
J wholly innocent pursuit of their hobbies and sporting activities.

4 18. Firearms, especially in the handsof a virtuous citizenry, are symbols of freedom for a

5 people who cherish liberty; just as firearms can be a symbol of oppressionand

6 intimidation when displayed by despotsand dictatorships. A law-abiding civilian

7 American, openly and publicly holding a rifle at gun show at a County Fairgrounds;is

8 the counter-exampleof the Soviet May Day paradesI witnessedwhen I was in the Army.

9 Those paradesfeaturedthe display of the State's arms. Those arTnswere tools of

10 aggression,oppressionand fear. They were displayed to intimidate the'West and insure

ll obediencefrom the Soviet Union's Warsaw Pact "neighbors" before the fall of the Berlin

I2 V/all. The right to responsibly express(and exercise)my "right to keep and bear arms"

13 - at a public venue, without fear of prosecution or intimidation, is one of the reasonsI

t4 proudly servedmy country. It is also the reasonI continue to fight for thatpalladium of

15 our individual rights which is the SecondAmendment.

t6

t7 I declareunderpenaltyof perjuryunderthe lawsof Californiaandthe United Statesof

l8 Americathat the forgoingis true andcorrectandthat this declarationwas executedin SanJose,

t9 Californiaon April 28,2006.
20

2T

22 Virgil Mc Vicker, Plaintiff.

23

24

25

26
27
DotrâldKilmer
Attomey at Iáw 28
126l LincolnAve,
SuiteI I I
Sæ Jose,CA 95125
Vc:408/998-8489 Nordykev. Kine Page6 of 6 Declaration:Virgil McVicker
Fx:4081998-8487