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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.
>***************************************************************************
*********************
>
>
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>
>
========================================================================
Paul Andrew Mitchell : Counselor at Law, federal witness
B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine
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