A little note here. I have mentioned this before, the California Consitution says domestic animals are legal. We are currently trying to get an official opinion from the California Attorney General. Basically, we are asking really?
As I finished putting the request out, I got a little mad. After all, I went to jail for 17 days – and they made it as miserable as they could for me. Was all this for nothing? If the state constitution means anything, my rights were violated and I paid a huge price. Details are below.
Assemblywoman Akilah Weber’s office has ignored multiple requests for help. Senator Brian Jone’s office said they are processing my request.
According to the California Attorney General’s website:
As the chief law officer of the state, the California Attorney General provides legal opinions upon request to designated state and local public officials and government agencies on issues arising in the course of their duties. The formal legal opinions of the Attorney General have been accorded “great respect” and “great weight” by the courts.
Government Code section 12519 states:
“The Attorney General shall give his or her opinion in writing to any Member of the Legislature, the Governor, Lieutenant Governor, Secretary of State, Controller, Treasurer, State Lands Commission, Superintendent of Public Instruction, Insurance Commissioner, any state agency, and any county counsel, district attorney, or sheriff when requested, upon any question of law relating to their respective offices.
“The Attorney General shall give his or her opinion in writing to a city prosecuting attorney when requested, upon any question of law relating to criminal matters.”
Under this statute, the Attorney General may give opinions only to these specified public officials, and not to private individuals or to public officials who are not listed in the statute.
- We, the ferret owners, and lovers of California respectfully request an opinion or explanation.
Whereas the domestic ferret is a domestic animal, and the California state constitution recognizes the right to own domestic animals:
CALIFORNIA STATE CONSTITUTION, CIV DIVISION 2. PROPERTY [654 – 1422]
There may be ownership of all inanimate things which are capable of appropriation or of manual delivery; of all domestic animals; of all obligations; of such products of labor or skill as the composition of an author, the good will of a business, trade marks and signs, and of rights created or granted by statute.
Can the state of California identify an indisputably domestic animal, in this case the domestic ferret, as a wild animal, and thus prohibit it as a household pet, without any hearing, discussion, or evidence?
