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)

>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.]


Return to Table of Contents for

Supreme Law School:   E-mail