Posts Tagged ‘Arizona


2014 Primary Election: Arizona, CD5, LD17 (Chandler)

It is my duty as a citizen to vote and participate in politics. I consider myself a heavily leaning Conservative Libertarian and these are my initial thoughts on who to vote for in CD5/LD17.


REPRESENTATIVE, CD5: Salmon, Matt (no contest)



GOVERNOR: Frank Riggs

STATE SENATE, LD17: Yarbrough, Steve (no contest)

STATE REPRESENTATIVE, LD17 (2): Mesnard, J.D.; Weninger, Jeff





STATE MINE INSPECTOR: Hart, Joe (no contest)

CORPORATION COMMISSIONER (2): Little, Doug; Forese, Tom [3]



COUNTY ASSESSOR: Petersen, Paul (no contest)

CLERK OF THE SUPERIOR COURT: Jeanes, Michael (no contest)



MAYOR: Tibshraeny, Jay (no contest)

COUNCILMEMBER (3): Roe, Terry; Hartke, Kevin [4]



470: Yes



[1] I do not get a warm and fuzzy with anyone for Secretary of State. Reagan seems like Brewer who gave us Common Core. Pierce seems unenthusiastic. And Cardon is the rich-boy. Cardon may be the pretty-boy that doesn’t have any political ties or favors to repay.

[2] This is another toss-up. Nobody here is really pleasant to vote for in GOP. Brnovich Horne are neck-and-neck but neither of them really float my boat. I know that many people will shy away from Horne from his reputation but I personally feel that people enjoy slinging mud at him – none of the accusations have stuck. Is he really good at covering up or did someone paint a target at him that we all haven’t seen? I believe I erad that Brnovich hasn’t bothered practicing in quite some time.

[3] Ah, corporations. They are good… and bad. This seems like one of those positions that it will be hard to get into unless you have some sort of secret back-door money (uh, from corporations). That is the rumor with Little/Forsee but who knows.

[4]  I like Roe and voted for him last time. Hartke also seems like he has done decent. I am allowed three, but I don’t know if I will vote for three.

NOTE: Also to note locally, but out of my area that you may want to consider:

TEMPE: Matt Papke for Tempe City Council

MESA: Danny Rey for Mesa Mayor

LD20: Thurane Auck Khin for State Representative


A Message From Arizona’s Frank Riggs

Below is a message from Frank Riggs, a contender for the Arizona Governor position.

Dear Friend of Liberty,

I’m Frank Riggs, Republican candidate for governor of Arizona. I’m writing to ask for your support and vote in the Republican Primary. Mail ballot voting begins July 31st and primary election day is August 26th. The stakes are great if we’re going to restore fiscal responsibility, constitutionally limited government, free markets and personal liberty in our state and country.

I’m the only candidate for governor with a deep and proven record of defending our liberties, constitutional principles and core conservative values. I’ve taken three oaths in my life: the soldier’s oath when I enlisted in the Army (I’m the only vet running for governor), the law enforcement oath to protect and serve the public when I became a police officer out of the Army, and the oath of office to support and defend the U.S. Constitution when I was sworn into Congress where I served three terms.

Actually, as I think about it, my fourth and most important oath was when I married my wife Cathy 34 years ago. Cathy’s a native daughter of Arizona born in Tucson. We’re the proud parents of three adult children, all married, and three grandchildren (our most recent grandchild was born July 24th!). Cathy and I met when we were both police officers and she shares my concern regarding the increasing militarization of law enforcement, especially at the federal level. There’s simply no constitutional justification for heavily armed, paramilitary law enforcement units in federal land use agencies like the BLM and Forest Service. I know you share the same concern. In fact, the pictures of the BLM “swat team” preparing to confront the Bundy family and their supporters with military-style weapons should shock the conscience of every liberty-loving American.

Here’s my statement on the role and responsibilities of law enforcement based on my (and Cathy’s) actual experience as police officers:

“As a police officer you’re trained that you’re best, most effective tool is your mouth and you learn quickly on the streets how to control and de-escalate situations verbally. Physical force is always a last resort. That’s how I conducted myself as a police officer and deputy sheriff for small and medium-sized law enforcement agencies.

When both Cathy and I were cops, federal law enforcement agencies (FBI, DEA) would always notify and coordinate their activities with local law enforcement. It was then their standard protocol to conduct search and seizure and arrest activities with and through local law enforcement, and should be now. There is absolutely no rationale or constitutional justification for federal land-use agencies (BLM and Forest Service) to have heavily-armed, paramilitary SWAT teams. As governor, I will notify them that they have no authority in Arizona and must stand-down, and that legitimate federal law enforcement agencies involved in interstate drug and crime interdiction must coordinate with state and local law enforcement in every instance, with the exception of the Border Patrol and Customs on or near the border (where they belong and the federal government should be focused on aggressively enforcing the law!).”

I recently met with members of the Arizona Liberty Caucus in Phoenix, thanks to John Laurie who arranged the meeting. We reviewed and discussed the candidate survey I completed which is attached. The meeting was informative and productive, and as you might imagine, a lively discussion and exchange of ideas! I hope you agree that my views are very consistent with the positions of the Liberty Caucus.

As a U.S. Congressman, I was proud to be a member of the Republican Liberty Caucus, a group of Republican members of the House of Representatives dedicated to individual rights, limited government and free enterprise. In my third and last term, I was asked by Speaker Newt Gingrich to chair the House Education Subcommittee, and along with Congressman Ron Paul, also a member of the Subcommittee, authored legislation converting federal education funds to block grants (the next best thing to eliminating that unconstitutional agency altogether, which was impossible with Bill Clinton in the White House). In fact, Dr. Paul and I served together at the only time in modern history when we were able to actually cut federal government spending and reduce the size, scope, reach and power of the federal government. When I left Congress to keep my term limits commitment, the federal budget was balanced and generated surpluses for four consecutive years thereafter, and we had fundamentally reformed welfare by imposing time limits and work requirements on welfare recipients.

My voting record earned me the highest ratings and endorsements of National Right to Life and the NRA, and accolades from other national organizations supporting school choice, private property rights, taxpayers, small business and free enterprise. I’m proud of my endorsements by Arizonans Against Common Core (for my promise to repeal Common Core on Day One and restore local control in K-12 education), the Arizona Chapter of the Association of American Physicians and Surgeons (for my promise to fight Medicaid expansion under Obamacare and protect patient and doctor rights) and from the National Vietnam and Gulf War Veterans Coalition, consisting of 70 veterans organizations and representing 250,000 veterans.

I’ve also been endorsed by State Senator Judy Burges, former State Senate Majority Leader Thayer Verschoor, and former State Senator and current Navajo County Supervisor Sylvia Allen. Undoubtedly, my “loudest” endorsement has come from Ted Nugent (yes, that Ted Nugent!). The “Nuge” is a proud patriot and outspoken defender of our individual liberties and unalienable rights, as endowed by our Creator, and enshrined and protected in the Constitution and Bill of Rights. All of these endorsements are on my campaign website where you can find more information about my candidacy and ways to help my campaign:

In closing, I want you to know I’m committed to protecting our state sovereignty and all Arizonans against federal government overreach. My candidacy threatens the political establishment because I can’t be bought and am not “owned” by them, nor do I “owe” anyone political favors. My character and leadership capabilities were forged by my military, law enforcement and congressional service that taught me the absolute importance of honesty and integrity. While my primary opponents are running their campaigns on bombastic, untested rhetoric and would require “on-the-job training,” I’m running on my deep, proven record. I’m tested and vetted, including by the Arizona Liberty Caucus, and ready to lead on Day One. You can trust me to be a champion of liberty, and the strong and courageous governor we need to make our state a bastion of freedom and a shining example of constitutionally limited government…of, by and for the people.

Yours in the Cause of Liberty!

Frank Riggs


Arizona: Stand Your Ground Law

What does Arizona’s Stand Your Ground law allow you to do and not do?

Original by Russell Richelsoph found here.

There has been a lot of publicity regarding Stand Your Ground self-defense laws since the unfortunate events in Sanford, Florida on February 26, 2012 involving George Zimmerman and Trayvon Martin.  The news media repeatedly cited Florida’s Stand Your Ground self-defense law and as a result, these same self-defense laws have come under attack.  Arizona has very similar self-defense laws to Florida.

Unfortunately, the attack on Stand Your Ground, using the Zimmerman case as ammunition, has been mostly based on misinformation about the facts of the case and what Stand Your Ground Laws do and do not allow you to do.

So what are these Stand Your Ground self-defense laws that the news media is making such a fuss about? 

Arizona Self-Defense

In Arizona you are justified in threatening or using physical force to defend yourself against another to the extent that a reasonable person would believe it is immediately necessary to protect themself against another person’s use of unlawful physical force against them.  For example, if someone is punching you, or attempting to punch you, you may use just enough physical force against them to stop them from punching you.  You may not punch them until they fall to the ground and then start kicking them.

Arizona Self-Defense with Deadly Force

In Arizona, you are justified in threatening or using deadly physical force against another if a reasonable person would believe that deadly physical force is immediately necessary to protect yourself against the other’s use, or attempted use, of unlawful deadly physical force against you.  For example, if someone is threatening you with deadly force, such as a knife, bat, or a gun, you may use a level of physical force which may kill them in order stop them from harming you.  However, deadly physical force does not require a weapon.  If someone has you pinned down and is choking you, you would probably be justified in using deadly force to protect yourself.

The police and prosecutors look at many factors when deciding whether or not the use of deadly force is justified in a self-defense situation.  If a lone 140 pound woman is being physically attacked by a 250 pound unarmed man, the woman may be justified in using deadly physical force to defend herself.  The prosecutor is going to consider the reasonableness of the use of force in deciding whether to prosecute.  If a reasonable person would believe that the use of deadly force was necessary for the woman to protect herself, then it would be justified.

Arizona Stand Your Ground

Here is the supposedly controversial part of the law.  You do not have a duty to retreat before threatening or using deadly physical force if you are in a place where you may legally be and you are not engaged in an unlawful act.  Surprised?  All that Stand Your Ground means is that you do not have to run away if you would be otherwise justified to use deadly force.  This was not even an issue in the Zimmerman case.  Zimmerman was accused of provoking the situation and escalating it all the way to deadly force.  Stand Your Ground does not allow this.

Arizona Limitations on Self Defense

Arizona does place some limitations on the use of self-defense.  You are not justified in using physical force against another person in response to a verbal provocation.  If someone insults your mother, you are not justified in physical attacking them.

Likewise, you are not justified in using physical force to resist an arrest by a police officer, even if that arrest is unlawful, unless the police officer’s use of physical force exceeds that allowed by law.  If Officer Friendly is arresting you and you do not believe the charge is justified, you may not fight with Officer Friendly to try to prevent the arrest.  On the other hand, if Officer Friendly has you handcuffed and is bashing your head against the hood of his car, then you may be justified in using physical force to stop him and to protect yourself.  Keep in mind that in these situations, the prosecutor reviewing the case is going to give the police officers the benefit of the doubt.

Also, Arizona law does not permit you to use physical force if you were the one who provoked the encounter unless you withdraw from the encounter, or clearly communicate it is your intent to withdraw from the encounter, and the other person still attempts to use unlawful physical force against you.  If you go up to some big guy, punch him, and insult his mother, and the big guy starts beating you up, you are not justified in using physical force unless you attempt to leave and withdraw from the encounter and the other person continues attacking you.

You Have Been Involved in a Self-Defense Situation, What Should You Do?

Your goal in any self-defense situation should be to stop the threat.  The first thing you should do if you have been involved in a self-defense shooting is get to a safe place if you fear there may be other assailants who could attack you.  The next thing you should do is call 911 or have someone call 911 for you.  Make sure you give a good physical description of yourself and clearly state that you feared for your life, that you acted in self-defense, and give the dispatcher the location of where you defended yourself as well as your current location.  This is all you should say with regards to what happened.

If you are involved in a situation involving deadly physical force, do not be surprised if the police come to the situation with their guns drawn and they aggressively handcuff you.  This is routine.  When the police arrive, you should immediately place your weapon on the ground where they can clearly see it.  Cooperate with the police commands. This may involve you lying on the ground with your hands away from your body. 

DO NOT place your firearm back in your safe before police arrive unless you want the police to confiscate every weapon you have in the safe.

DO NOT try to explain yourself or what happened.  You should not answer any questions until you have had an opportunity to consult with an attorney.  Politely tell the police that you are not going to answer any questions until you have had a chance to speak with an attorney.  Even police officers involved in a shooting speak to an attorney from their union before they agree to be questioned about it.  You should exercise this same right even if it means you have to spend the night in jail.  It is better to spend one night in jail, than to spend years of your life in prison because you did not consult with an attorney before trying to explain your actions to police.

Our criminal department at Davis Miles McGuire Gardner would be happy to assist you if you are ever placed in a situation where you are required to defend yourself or your loved ones.  Do not hesitate to contact us ( or 480.733.6800) if you ever need our help.  We will represent you discreetly and professionally.


DJ Gareth Emery: A Hero Of A Different Type


It is not often that a celebrity makes me take notice. For the most part, I don’t even know their names, much less do I know what they are doing, who they are doing, or what trouble they are in. I often joke that the only celebrity I know is Oprah (I probably know more politicians than I do celebrities).

With that said, the only celebrities I do know are EDM DJs. I heard this little story about Gareth Emery that brought a smile to my face. While many DJs are Facebooking, Tweeting, blogging, and spending money on ads to encourage their fans to vote for them Emery is telling his fans to NOT vote for him in the DJ Mag voting but instead vote for what charities he should donate to (instead of spending on advertisements for the DJ Mag competition).

What a guy. For 2012 he was ranked 14th, for 2011 he was ranked 13th, for 2010 he was ranked 7th, for 2009 he was ranked 9th, for 2008 he was ranked 23rd, and for 2007 he was ranked 31st. I’ve seen him and he put on a good show – I’ve voted for him on the DJ Mag Top 100 in the past as well (I think 2009).

I’ve said this before, but EDM is a special kind of music genre. Some of these guys have their own personal jets – they make some serious cash for only playing a few times a week. For granted, they work hard when they aren’t playing live. Unlike other genres, many of them make their music from scratch. No autotune singing or buying songs from real song-writers. Even when they perform they many times go out into the crowd or reach over the wall and shake their fans hands. I was 5 feet away from one of the biggest DJs – Armin Van Buuren. And even when he was playing he had fans in his booth with him. When he was coming to the booth he also walked through the crowd so even then I rubbed shoulders with him. When House 7340 was still going on here in Scottsdale, Arizona, at the end of his set another big name, Paul Van Dyk just walked out of the club like a nobody. I told him nice set and he walked off to his car. I doubt you would ever see this type of thing from many other musicians in other genres. In many other genres THEY are the celebrity and you are just a mere dollar sign. With EDM, you are family. As the old saying goes… PLUR.

Below is the blurb he wrote about his decision.

Just took a bizarre unsolicited phone call from a publicity company who help DJs promote themselves for the Top 100 poll, who told me I should be aware one of my ‘competitors’ (as she put it) was spending $15,000 on Twitter advertising alone, and unless I got on that sort of level, I would find it ‘hard to compete’. Obviously not going to say who the DJ was, but I was nearly sick in my mouth.

So here’s an alternative Top 100 message: Don’t vote for me. Seriously, when you buy a ticket to see me in a club, I consider that a vote. When you blast my music in your car, or share it on Facebook, or tell your friends about it, that’s a vote too. Those votes, and the amazing support you’ve shown over the last year, is what matters to me.

If you did plan on voting for me, give that vote instead to the DJs you see spending their money on promoted tweets, sponsored stories, banner adverts, rebranded twitter pages, etc. If they care that much about their number, just let them have it.

In return for your non-votes, rather than spend an amount on a campaign that would probably buy a school in Africa, I am going to donate the same amount to charity, and maybe some good can come out of this.

Actually how about this… I’ll post a poll of my own tomorrow with some various charities that I like and you guys can vote to decide which ones I will donate to. Together we can do something good. A poll where I’ll be proud, rather than ashamed, to ask for your votes.

Back soon,



Tombstone vs The Feds

Original found here.

Wyatt Earp might be long gone, but there is another showdown underway in Tombstone, Ariz. — this time between the town and the federal government.

The “Town Too Tough to Die” is currently having to rely on two ground wells (one of which has been compromised by arsenic) to meet the water needs of its 1,500 residents and more than 400,000 annual visitors because the federal government will not allow the town to repair the waterlines damaged and destroyed during the 2011 Monument Fire.

George Barnes, Tombstone’s city clerk and manager, explained to The Daily Caller that since many of the pipelines are in a “wilderness area,” the U.S. Forest Service will not allow the mechanized equipment needed to fix the waterlines into the area for environmental reasons.

“We began working with the Forest Service but then we realized and found what an incredible boondoggle that could be, even though we are very confident we have a special status because our rights there pre-existed the Forest Service and even the BLM [Bureau of Land Management]. We were there long before anything and all we are asking is to fix our stuff,” Barnes said.

In the wake of the Monument Fire, in August 2011, Ariz. Gov. Jan Brewer declared a state of emergency for Tombstone and authorized $50,000 to help cover the cost of repairing the water system.

“Tombstone draws 50 to 80 percent of its water supply from springs in the Monument Fire burn area,” the governor’s office said. “Erosion and debris flow caused by summer storms damaged the city’s aqueduct and water transmission system.”

The town is still starved for water.

Read more:


Arizona: AIMS Failed And So Will PARCC and Common Core

Benjamin Franklin said, “Education is the key to unlock the golden door of freedom.” I think that we can all agree that education is paramount to a successful society and that it would behoove us to create a system that promotes and accelerates. However, how do we ensure that our children are best educated?

There is a new program on the block that is getting snapped up by schools around the country called the Common Core State Standards Initiative (CCSSI). In Arizona the AIMS test has been struck out and the Partnership for Assessment of Readiness for College and Careers (PARCC) has taken its place which uses the CCSSI platform. As of right now the teachers have been getting trained of how to teach a CCSSI based classroom. Next Governor Brewer must sign AZ HB2047 to allow the PARCC test be the new standardized test for Arizona. The third phase is for the PARCC test scores to be shared with the federal and other state governments to continue to standardize the test. AZ HB2563 requires the AZ State Board to enforce the PARCC testing. Neither HB2047 or HB2563 have been signed into law but Governor Brewer’s aide Matthew Benson stated, “At the heart of Common Core is the notion of implementing more stringent internationally benchmarked standards. She is 100 percent supportive of the concept.”

If we can encourage our politicians to vote NAY on HB2047 and HB2563, we’ve effectively stopped the Phase II of the implementation of the Common Core.

Debra Goodwin here at TAC has written a good overview of CCSSI and why it is bad in her article called Common Core: An Attack on Freedom and What to Do About it. Columnist Michelle Malkin wrote, “For decades, collectivist agitators in our schools have chipped away at academic excellence in the name of fairness, diversity and social justice. Progressive reformers denounced Western civilization requirements, the Founding Fathers and the Great Books as racist. They attacked traditional grammar classes as irrelevant in modern life. They deemed ability grouping of students (tracking) bad for self-esteem. They replaced time-tested rote techniques and standard algorithms with fuzzy math, inventive spelling and multi-cultural claptrap.”

Think about it, if 46 of 50 states have joined together as Arizona’s Department of Education states to create a standard and the CCSI states that “no state would lower its standards“… then one must ask how the CCSI program plans to have schools with lower scores catch up to schools with higher scores since the bar cannot be dropped.  Isn’t this the very reason that AIMS failed – because they couldn’t create a test that was fair or standardized enough? The fact is, if we can’t even do this in Arizona then how can we purport that we can do it on a national level. Let’s call this what it is -impossible and an impending bureaucratic disaster.

Action Items:
(1) Call your legislator and have them oppose HB2047 and HB2563
(2) Call Governor Brewer and urge her to not sign HB2047 and HB2563
(3) Visit the Arizonans Against Common Core website
(4) Urge Governor brewer to sign HB2318 to at least allow charter schools to be exempt from any CCSSI movements
(5) Urge your legislator to support SB1450 that protects your privacy (i.e. test scores) under the Family Educational Rights and Privacy Act (FERPA)


Guilty Before Innocent… In America? – Arizona HB2573 to Nullify NDAA

We can learn a lot about a nation by how they treat their supposed law breakers. In a peaceful, lawful, and liberty minded society even suspected criminals are treated with respect. After all, the accusations might be false.

In a tyrannical state the powers to be decide people’s fate on a whim. Just a few weeks ago there was a man-hunt for Christopher Dorner, the supposed cop-killer who wrote a manifesto calling for the deaths of multiple people. I say supposed because we never confirmed or verified beyond a doubt that Christopher Dorner wrote that manifesto. We also never confirmed or verified beyond a doubt that Christopher Dorner killed anyone.

In fact, we don’t even know if the LAPD and other forces actually killed Christopher Dorner by setting a cabin on fire.

We don’t know any of this because our system of law has been turned absolutely non-transparent. Today we use the NDAA, the PATRIOT Act, NSA wiretapping, or other like-minded legislation to bypass the judicial practice of proving suspects guilty. Gone are the days of “innocent until proven guilty” and in it’s place rests the mantra of “they were too big of a threat to society to use the proper channels… so we bypassed them.”

The LAPD/SWAT could have easily waited for Dorner to exit the building or starved him out but instead they shot multiple – seven if I remember correctly – incendiary tear grenades inside a wooden cabin. For those who do not know, incendiary grenades are grenades made to heat up by a chemical reaction. Do we really need to use seven of these in a wooden cabin? After all incendiary weapons are not even supposed to be used in war according to the Geneva Conventions and the UN Convention on Conventional Weapons Protocol II.

Guilty or not, doesn’t the man have the right to a trial in which the accusers carry the burden of proof of proving he was guilty?

Even if the qualm is not as high of a profile as Dorner, as it stands now the NDAA allows the government to do many things to bypass justice. Section 1021 of the NDAA bill of 2012 allowed for the “indefinite detention of American citizens without due process at the discretion of the President.” Indefinite detention? Without due process? At the discretion of the President? Or and this is for AMERICAN CITIZENS? This isn’t some sort of legislation or command of of Hitler’s Nazi Germany so he could detain whoever he wanted for whatever reason that he wanted (which he did) – no this is for you and me.

Arizona has introduced HB2573 to effectively nullify any sort of NDAA action. This bill has bi-partisan suppport. After all, nobody wants to have an invisible threat hovering over their head in knowing that they could be the next person that is captured “at the discretion of the President.” Below is a letter written to my Arizona Representative on the issue.

Mr Forese,
There are bad people in the world and I don’t think that anyone is going to say that there are not. However, I believe that everyone should have the right to a trial. We cannot be running as a society of Liberty and Freedom and locking up people indefinitely – no matter how unsavory they are. They should be afforded the right to a trial as a free man – innocent until proven guilty in a court of law. I am asking you to please vote YEA on Arizona HB2573 which nullifys the National Defense Authorization Act passed by our federal government.

-Kyle Huwer, PC, LD17

I will leave you with a few relevant quotes to think about when entertaining a peice of legislation that allows your government to come and round up whoever they want with no oversight.

First they came for the Communists
And I did not speak out
Because I was not a Communist
Then they came for the Socialists
And I did not speak out
Because I was not a Socialist
Then they came for the trade unionists
And I did not speak out
Because I was not a trade unionist
Then they came for the Jews
And I did not speak out
Because I was not a Jew
Then they came for me
And there was no one left
To speak out for me – Pastor Martin Niemoller


“Those who cannot remember the past are condemned to repeat it” – George Santayana


"We are apt to shut our eyes against a painful truth... For my part, I am willing to know the whole truth; to know the worst; and to provide for it." - Patrick Henry

"Politicians and diapers both need to be changed, and for the same reason." - Anonymous

"Right is right, even if everyone is against it, and wrong is wrong, even if everyone is for it." - William Penn

"Naturally the common people don't want war; neither in Russia, nor in England, nor in America, nor in Germany. That is understood. But after all, it is the leaders of the country who determine policy, and it is always a simple matter to drag the people along, whether it is a democracy, or a fascist dictatorship, or a parliament, or a communist dictatorship. Voice or no voice, the people can always be brought to the bidding of the leaders. That is easy. All you have to do is to tell them they are being attacked, and denounce the pacifists for lack of patriotism and exposing the country to danger. It works the same in any country" - Hermann Goering

"I know that nothing good lives in me, that is, in my sinful nature. For I have the desire to do what is good, but I cannot carry it out. For what I do is not the good I want to do; no, the evil I do not want to do this I keep on doing." - Romans 7:18-19

"Twenty years from now you will be more disappointed by the things you didn't do than by the ones you did do. So throw off the bowlines. Sail away from the safe harbor. Catch the trade winds in your sails. Explore. Dream. Discover." - Mark Twain