Our Guests: Nicki Stallard

Nicki Stallard
Nicki Stallard

About Nicki Stallard

Nicki Stallard is a spokeswoman for Pink Pistols, an L.G.B.T. gun group.

Nicki Stallard is a trans-woman who has worked as a spokesperson for the Pink Pistols from 2006 to present.

She is also the San Jose Pink Pistol coordinator and a proud, fearless leader in her community.

Stallard is the social, outreach and training coordinator for the state of California.

Pink Pistols Logo

The Pink Pistols are a gay gun rights organization in the United States and Canada. Their motto is “Pick on someone your own caliber”

The Pink Pistols motto is: “Pick on someone your won caliber!”, and it’s easy to become a member of the Pink Pistols!

First, it doesn’t cost anything. There’s no dues, and no membership form to fill out.

Second, you just have to believe in the basic core principles of the Pink Pistols, that all people have the right to defend themselves from harm, and that everyone has the individual right to keep and bear arms as protected by the Second Amendment. If you believe those things, just raise your right hand and say “I am a Pink Pistol!”

That’s all there is to it! If you want to get together with other people to socialize, to practice, or to train, check the Find A Local Chapter page to locate a group in your area. If there isn’t one, consider starting one!

All members should download and read the Pink Pistols Utility Manual. It has lots of background on the organization, and if you want to start a chapter, the instructions are in it.

Nicki Stallard 7.09.16c

Pride March 2016

We have a public Facebook page for staying in touch with members worldwide. You don’t have to join it or join a chapter if you don’t want to, but this way you can find out what’s going on.

Here is a rough draft for a Federal Gun Rights Pre emption Act.  Nicki says, “It’s long, and I am not a lawyer, but straight forward.”


The Congress recognizes that their authority to govern comes directly from the consent of the governed and that our Constitutional Republic recognizes that the second amendment is a right that the people are born with, it is not a government granted privilege.

The Congress recognizes that people will voluntarily obey laws that are fair, just, understandable and that serve a legitimate public purpose.

The Congress recognizes that arbitrary and vague laws that are perceived as unjust and burdensome create disrespect for the law and promote Tyranny.

The Congress recognizes the natural right that we are free and that unless we are violating our fellow citizen’s legitimate rights, that we are to be left alone.

It is the intent of this Law is to leave law abiding Americans alone and protect, promote and ensure their right of self defense for themselves and their families while at the same time putting in workable laws and regulations to reduce criminal misuse of guns.

The second amendment forms an interlinked chain with the rest of the rights recognized by the Bill of Rights for the purpose of restraining government and maintaining our system of “Ordered Liberty”.

The Congress recognizes that “Self Defense” from both common criminals and criminal corrupt government are fundamental rights.

Citizens not only have a right, but a duty to control government and to ensure by whatever means necessary that the government maintains it’s place as a servant of the people and never their master.

The second amendment was made binding on the states by the 14th amendment in 1868 via both the “privileges and immunities” clause and the “Due Process” clause of the 14th amendment.

The 14th amendment was enacted specifically because post civil War many states were stripping the Freedmen of natural rights via the Black Codes and among the rights the 14th amendment intended to restore was the right to keep and bear arms.

Congress recognizes and reaffirms the intent of the 14th amendment to bury the Dredd Scott Decision (1858) in the ashes of history.

The need for the Freedmen to have arms was a matter of life and death since often the KKK and local government officials, including law enforcement were one in the same.

Regrettably the US Supreme court gutted the 14th amendment’s “privilege and immunities” clause in 1873 (Slaughterhouse cases) and the “Due Process Clause” in 1876 (Cruinshak).

Those two cases laid the groundwork for the Jim Crow Era.

Congress strongly encourages the US Supreme Court to once and for all bury those precedents once and for all in the ashes of history.

Congress hoped the US Supreme Court would have done that with the MacDonald Case(2010) and implores the US Supreme court not to lose the opportunity to correct history should it happen again.

The second amendment is not a second class right, it is a fundamental right and the American people want justice on second amendment cases, not delays or creative legal writing exercises to gut the second amendment.

The Federal Judiciary’s open rebellion against both the letter and spirit of the “Heller” case has not gone unnoticed, it undermines respect for the “Rule of Law” and jeopardizes our whole legal system.

The first amendment and the second amendment are interdependent on each other, it is self evident that both were heavily influenced by the Declaration of Independence.

Our first amendment rights recognize and guarantee that we will have non violent means such as public assembly, free speech, free press and the right to petition our government for redress of grievances so that we can resolve things peaceably.

Our second amendment rights recognize that the American people have both right and duty to protect our Free Republic both enemies, foreign and domestic. The founding fathers knew that in order to turn on the American people, a government would have to disarm them first which is why it is self evident that “Shall not be Infringed” means what it says.

Of course the Congress and Common Sense says that no rights are “absolute”, that with every right there is going to be some balance between the “Public Good” and “Personal Liberty”.

No country will allow “Personal Liberty” to override the survival of the “Country”.

This being said, the Congress and the American people demand that the second amendment must be jealously guarded and given the respect it is due in the Courts of Law.

Since the courts have failed since 2010 to come to a consensus on the extend and limitations of the second amendment and the US Supreme Court has denied certiorari in numerous 2nd amendment cases since 2010, Congress will act.

The US Supreme Court has ruled in 2010 (MacDonald) that the “core”

right of the 2nd amendment is self defense and that it has been incorporated via the 14th amendment of the Constitution and those rights are binding on all state and local governments and any and all political subdivisions.

It is the intent of Congress to clearly lay out minimum second amendment rights and privileges that the people are supposed to have and to provide redress in the Federal courts with both Criminal and Civil Penalties.

Nothing in these act will be interpreted to extend 2nd amendment rights to individuals who have clearly demonstrated that are a danger to the public safety:

List of Prohibited persons shall include:

  1. Convicted Felons.
  2. People adjucated mentally incompetent.
  3. Illegal Aliens
  4. Enemy Combatants
  5. Ilegal Drug Users, chronic substance abusers.
  6. Convictions for Domestic Violence
  7. Individuals who have sworn allegiance to Terrorist organizations 8. Americans who have renounced their citizenship.
  8. Minors, those under 18 for long arms, 21 for pistols,.

The legal standard to be used in all second amendment cases for generally law abiding citizens and groups will be “Heightened Strict Scrutiny”, the second amendment will be given the equal or better protection then “political speech”.

The second amendment applies to all “arms”, not just firearms and will be interpreted to include modern arms. The second amendment is not limited to arms created in 1791 just as the first amendment is not limited to printing presses.

The 14th amendment intended to protect the rights of the Freedmen to the modern arms available in 1868 and later.

The US Supreme court ruled in 2016 that the second amendment does apply to modern arms in the Caetano case (2016) and we will use the unanimous ruling as guidance.

Many racist arms laws were enacted in the United States not for public safety, but for race control. It is the intent of the Congress to purge racist rooted laws.

All arms laws that have racist roots will be reviewed under strict scrutiny, plaintiffs will have standing even if they are not the intended racial group because racism negatively effects everyone.

It is the intent of Congress to purge racist arms laws that were intended to strip minorities and immigrants of self defense rights under the guise of promoting public safety.

Enumerated, but not limited arms rights of law abiding people.

  1. Right to open carry loaded and function handguns in all 50 states in non sensitive zones.

Handguns are defensive arms, long arms are offensive arms.

  1. Right to have modern, common, function, ergonomically suitable arms and accessories.
  1. Handguns, Rifles and Shotguns are specifically protected arms.
  1. Right to transport unloaded arms, either openly or enclosed in a non locked case.
  1. Carrying loaded concealed arms is a “privilege”, however it is a “privilege” that must be equally available to all law abiding applicants. States may regulate, but not unduly burden the privilege, the standard of court review will be “Strict Scrutiny.

Governments will not ration CCW permits, if CCW issuance rates fall below 1 percent of the adult population per the US census, then the Federal Courts are mandated to suspend the requirement of a permit to carry a concealed and loaded firearm.

The state will be required to demonstrate compelling interest for their permit system, if they fail to do so, then the Federal court will make the injection permanent.

  1. CCW permits, 50 state reciprocity. States may require their residents to have their state issued permit.
  1. 50 state stand your ground, consistent right of self defense nationwide.

No civil suits without criminal convictions first.

  1. Allow carry in places that serve alcohol, businesses can make still make themselves no carry zones, but they assume full liability.

States may still as a condition to carry require no alcohol consumption.

  1. Range protection: The Federal government has a compelling national security interest in having a population with marksmanship skills.

There will be a 50 year Federal prohibition on closing currently operating public ranges regardless of environmental or noise arguments.

  1. Gun expression. The anti gun persecution in the public schools against students for expressing gun rights support is a violation of student’s first amendment political rights.
  1. Patriotic expression. The right of students to show support for our flag, our country, our military is something we should protect and encourage.

Attacking people for peacefully supporting our country is a violation of their political first amendment rights.

Morgan Hill case was bullshit. White students not allowed to wear US Flags because it offended Mexican Students and the Federal Courts upheld this.

  1. Gun Safety: For the sake of our children, Congress encourages the states to make gun safety part of the school curriculum.

For Federal purposes, an unloaded firearm means no cartridges in the chamber or in a loaded magazine that is inserted into a firearm in a ready to fire position. A firearm with no magazine attached in a firing position is an unloaded arm.

Law abiding gun owners have a right to have arms that are equal to or superior to the arms that criminals may use against them. Criminals include government officials operating under color of law.

Americans have a right to arms that are ergonomically suitable for them, firearm features such as, but not limited to, adjustable stocks, pistol or thumb hold stocks, detachable magazines, fore grips, rails, lasers, flashlights, optics and flash hiders are specifically protected.

Americans have a right to have full function self defense arms, as such, magazine capacity restrictions severely burden the right of self defense, especially in the home.

Sensitive no carry zones:

Gun Free Sensitive Zones are allowed provided 4 requirements are met.

  1. What inside this zone is so sensitive that those entering the zone must waive their “self defense rights”.
  1. Zone must be clearly marked and access restricted so that people don’t just wander in.
  1. Zone must screen all those who enter the zone to ensure that armed bad people can’t just walk in and attack disarmed victims.
  1. In the event of a breech, the zone must have it’s own armed rapid response team.

Private property owners may still regulate terms of who and who can’t come onto their property.

Business owners who post no gun signs on their businesses assume full civil liability for failure to protect customers who disarmed themselves to enter their business.

NFA arms reform. It is the intent of Congress to reform ownership regulations for law abiding citizens while enhancing penalties to discourage criminal misuse.

The original NFA 1934 was an abuse of the “tax system” to do an end run around the second amendment by requiring excessive taxes similar to poll taxes to make exercising second amendment rights unaffordable for the general population.

If FDR wanted to end gun ownership, he should have amended the constitution to repeal or amendment the 2nd amendment similar to what the 18th amendment tried to do with alcohol.

Congress will create a new class of NFA called “non registered”. Non registered NFA arms will still require the NICS background check on all transfers, but no tax stamp will be required.

These will be treated as “Common arms” for “keep and bear” purposes.

This class of arms will maintain Federal criminal penalties for misuse.

Use of NFA type arms in criminal acts will be a Federal Felony , 10 years/250k fine.

SBRs.  These arms are well suited for home defense and are especially well suited for the disabled and elderly due to enhanced ergonomics.Short Barreled Rifles will be removed from NFA tax stamp requirement and will be regulated similar to common handguns.

SBS’s    Reduce the minimum shotgun barrel length to 12 inches. The intent is to allow homeowners shotguns to have slightly shorter shotguns that are more suitable for self defense.

Make use of any shotgun in a criminal offense a Federal NFA violation

10 years/250K.

Suppressors/Silencers.   Home owners should not have to risk permanent

hearing damage defending their homes. Sound Suppressors that do not reduce firearm noise below 100db will be reclassified as non regulated NFA arms.

Common Arms that have military origins.

Semi Auto arms based on modern military arms will be classed as non registered NFA arms.

Full Automatic arms and civilian ownership were tightly regulated from 1934 thru 1986 and the regulations worked.

In the interest of public safety, the Congress would like to give the American public and opportunity to legally dispose of unregistered full auto arms, many of which are war relics brought home as war trophies.

The ATF will coordinate with state and local law enforcement for an orderly amnesty surrender of all unregistered full automatic arms.

The ATF will allow owners to retain possession of the full auto arms provided that the owner agrees to register the gun and pay a 1000 dollar civil penalty per gun for having an unregistered full auto and a 200 dollar registration fee.

Privately owned NFA arms may be transported interstate without prior approval from the ATF.

AOW’s will be reclassified as non registered NFA arms.

Stolen Guns:

  1. Possession of Stolen guns, Federal Felony.

Criminal penalty, min one year per gun.

Civil Penalty.   Damages to gun owner, 3X high retail plus court costs

for stolen gun plus all guns that were reported on stolen gun report.

  1. Owners of Stolen guns will be immediately notified and police agencies will work with owners and other agencies will work together to clean up loose ends.

Poison Pills, voting against Gun Rights is voting against other items to.

Federal Background Checks: It is the intent of the background check system not to burden transfers of firearms between buyers and sellers, but to screen potential buyers to ensure that they are not prohibited persons.

Transfers will be considered transfer of ownership.

All gun transfers of ownership must be run thru NICS system.

Exceptions:  Transfers between family, known friends.

Loans: Loans where owner is still present, some examples.

  1. On a range
  2. On a hunting trip.

Straw Purchases:

  1. Selling guns to prohibited individuals will be a “Felony”, all gun sales between strangers must be run thru NICS.
  1. Selling guns to known friends/ family without background check who turn out to be prohibited individuals. “Felony”. Failing to do background checks is a willful act.

Do not fly list:

Government will retain two “No Fly lists”.

  1. Secret lists. Buyer will be able to buy guns, but appropriate agencies will be notified of purchases. Intent is to not jeopardize ongoing investigations.
  1. Open Lists. Buyer is denied, but buyer has right to find out why they are on no fly list and has viable quick appeal process, no more than 30 days.

Citizens shouldn’t lose their rights due to clerical errors.

After 30 days, Citizen may receive up to 1000 dollars per day for damages for being inadvertently put on no fly list.

State Marijuana Policies:

Due to the failure of the Federal Government to run marijuana studies in 1997 after passage of California Prop 215, it is 20 years too late for the Federal Government to run studies since they have lost all credibility.

Marijuana will be reclassified as Schedule 2, states and private institutions can now run their own studies and Marijuana’s schedule will be adjusted accordingly.

States will have discretion under the 10th amendment of the Constitution to make their own state/local marijuana policies.

Marijuana will no longer be  Federal disqualifying for gun ownership.

Civil Rights restoration.

The Civil Rights Redemption Act (Sen Paul, Sen Booker) will be added to this proposal. Act would restore civil rights for non violent felony convictions.

Those with violent Felony convictions could appeal to the Federal Courts to restore their rights after a demonstrated period where they have shown that they are functioning members of society and no longer present a risk to the public safety.

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