Totally cribbed from MKIA: http://www.expertlaw.com/forums/showthread.php?t=152893
And this: http://www.mabpro.com/resource/docs/...bitionForm.pdf
The problem is that certain events trigger certain consequences. One does not simply get tossed a 5250 for no reason at all; there's generally a darn good reason for it. There's more about that here: http://www.leginfo.ca.gov/cgi-bin/di...le=5250-5259.3
With regards to the Constitution itself, it may come down to what was actually intended versus how it may (or may not) be (mis)interpreted today. Regardless, there is strong support on both sides of the argument (did they mean all of us regular folk? did they really just mean we can form militias?) and I'm sure we haven't seen the last of the argument in court.

