DECLARATION OF ANDREW MacGREGOR SCOTT

I, Andrew MacGregor Scott, declare as follows.

1. I have first hand personal knowledge of all facts declared herein, and, if called to testify, I could and would testify competently as to these facts of my own personal knowledge.

2. My current mailing address is: MacScott Enterprises, P.O. Box 43, Umpqua, Oregon 97486. My Oregon office telephone number is: (541) 459-1793. My email address is: macscott@direcway.com.

3. I decline to state my Oregon street address. This is because I am a retired law enforcement officer, I helped to incarcerate many criminals, and I do not want any criminal to know my Oregon street address. This is also because it is my understanding that this document will become a public document when it is filed with the Superior Court of California, Contra Costa County, as part of Case No. NO2--0068, City of Pittsburg vs. James A. Smith, Sr. My California business address, however, is: 7950 Redwood Drive--Suite 8, Cotati, California 94931. Anything mailed to me there will be forwarded to me by my business partner who staffs that office.

4. I got involved in this case when attorney Peter J. Mancus of Sebastopol, California called me to discuss this case and to ask me technical questions relating to Model 1911 semi-auto pistols. Before agreeing to cooperate with Mr. Mancus, I told Mr. Mancus that I wanted background information as to the material facts of the case and as to his client, James A. Smith, Sr. Mr. Mancus then shared information with me, stressing that he was dealing with me in good faith, and he did not have personal knowledge as to much of what he reported to me. I wanted relevant background information as to

context and as to James A. Smith, Sr. because I do not want to be used to help a criminal.

5. As to how this declaration will be used, and its context, based on what Mr. Mancus told me, my understanding is as follows. Contra Costa County Superior Court Case No. NO2--0068 involves a dispute between the City of Pittsburg Police Department and James A. Smith, Sr. This dispute started in December, 2001, when a City of Pittsburg police officer was dispatched to Mr. Smith*s residence because the local police department received a report that Mr. Smith had recently threatened to commit suicide with a handgun. Consequently, a City of Pittsburg police officer went to Mr. Smith*s residence, made contact with him, took into the officer*s possession a Colt Model 1911 Commander .45 ACP semi-auto pistol but knowingly left other handguns and rifles owned by Mr. Smith at Mr. Smith*s residence, and placed Mr. Smith on a Welfare & Institution Code * 5150 72-hour hold on the basis of the report that Mr. Smith had recently threatened suicide with a firearm and that the officer perceived Mr. Smith to arguably be an unreasonable risk of harm to himself at that time. It is also my understanding that after Mr. Smith was screened by one or more California licensed mental health professionals at the mental facility to which the officer had Mr. Smith taken, within a few hours, on the same day, those licensed mental health experts deemed that Mr. Smith did not present as a threat to himself and/or to others, and they authorized his release forthwith; thus, Mr. Smith was released on the same day that he was involuntarily made subject to a 72-hour hold. It is also my understanding that since this incident, Mr. Smith has continued to have access to other firearms, has not done anything objective that constituted any attempt to commit suicide in any way, has not done anything objective that has caused anyone to be able to point to any objectively verifiable fact that Mr. Smith presents as an undue risk of harm to himself and/or anyone else. It is also my understanding that Mr. Smith*s criminal record, except for minor moving violations, is either squeaky clean or minor, and that Mr. Smith is twice honorably discharged from the U.S. Air Force, having served as a jet engine mechanic. It is also my understanding that since this incident, the City of Pittsburg has filed a petition to have a local judge make a judicial determination regarding whether or not Mr. Smith*s Model 1911 Colt Commander pistol should be returned to him, with or without any pre-condition or, in the alternative, destroyed. It is also my understanding that the judge who is assigned to this case has told Mr. Smith that the judge would return this pistol to Mr. Smith if Mr. Smith promised to not commit suicide with it, but that Mr. Smith refused to make such a promise because he views that request to be an unconstitutional prior restraint infringement against his Second Amendment rights. It is also my understanding that the attorney who is prosecuting this case for the City of Pittsburg has told Mr. Smith that she will go along with the return of this pistol to Mr. Smith if, and only if, he and his parents would agree in writing that the pistol would be entrusted to his parents for two years and his parents would have to agree in writing to this and other conditions, but neither Mr. Smith nor his parents are agreeable to this solution because Mr. Smith and his parents consider this proposed solution to also be an unconstitutional prior restraint infringement against Mr. Smith*s Second Amendment rights. Given this understanding, I agreed to cooperate with Mr. Mancus.

6. "Andrew MacGregor Scott" is my full legal name, but I go by "Mac" Scott.

7. I am a retired law enforcement officer, a California licensed private investigator, an active gunsmith who specializes in handguns--specializing in Model 1911 semi-auto pistols, a former competitive pistol shooter [who is no longer active as such,] a published author of numerous firearms related articles, and I have testified in various California and Federal courts as an expert witness on various aspects of firearms, for the prosecution and defense in criminal cases and for both sides in civil cases.

8. As to my law enforcement experience, all of the following statements are true:

A. I am honorably retired from the Sonoma County Sheriff*s Department. I served with that department from 1967-1984. While employed with the Sonoma County Sheriff*s Department, I served in the following capacities: Patrol Sergeant, Detective Sergeant, Chief Rangemaster, Department Armorer, and court-certified expert, state and federal, in firearms, firearms training, use of force, and burglary investigations.

B. I am Past President of the Tri-County Criminal Investigator*s Association, Member, California Association of Licensed Investigators, Member, American Society of Law Enforcement Trainers, and Member, International Wound Ballistics Association.

9. As to my background and training relevant to firearms, all of the following statements are true:

A. From 1956 to date, I have been, and I am, a member of the National Rifle Association.

B. In 1962, I became a Boy Scouts of America Marksmanship Instructor.

C. I was a First Sergeant with the California Army National Guard from 1965 to 1971. As such, I received formal, and refresher, training in military firearms throughout my career with the California Army National Guard, including the Model 1911 .45 caliber ACP semi-auto pistol.

D. In 1966, I was a California Department of Fish & Game Hunter Safety instructor.

E. I am a 1972 graduate of the FBI Rangemaster Academy.

F. In 1972, I became a National Rifle Association Certified Police Firearms Instructor.

G. From 1981 to the present, I was, and I am, the Chief Executive Officer of Mac Scott & Associates/Scott, McDougall & Associates, a privately owned gunsmithing business in Cotati, California, with a branch office in Umpqua, Oregon. This gunsmithing business specializes in handguns.

H. I am a member in good standing with the American Society of Law Enforcement Trainers.

I. From 1970 to date, I have held, and continue to hold, a Federal Firearms License [FFL].

J. From 1972 to 1984, I was an instructor in Officer Survival/Defensive Firearms at the Santa Rosa [California] Criminal Justice Center.

K. In 1991, I was appointed to the California Department of Justice Basic Firearms Safety Committee, and I assisted in the development of the current California Basic Firearm Safety Certificate certification specifications.

L. I am a California Concealed Weapon Permit Instructor affiliated with the Sonoma County Association of Law Enforcement Chiefs. As such, I am the only civilian so licensed.

M. From 1981 to date, I have instructed in excess of 1,500 civilians regarding CCW [concealed carry weapon] permits.

10. As to my gunsmithing background, all of the following statements are true:

A. For 1998, 1999, and 2000, I was selected for inclusion among the prestigious "Top 100 Pistolsmsiths in North America."

B. From 1981 to date, I am been a senior partner with Scott, McDougall & Associates, a full-time pistolsmithing operation, in Cotati, California.

C. From 1970 to date, I have been actively involved in gunsmithing, specializing in Colt Model 1911 .45 caliber ACP semi-auto pistols and defensive pocket pistols.

D. With my partner, Doug McDougall, I am a co-inventor of numerous gunsmithing tools and firearms accessories.

11. As to licenses that I hold, all of the following statements are true:

A. From 1970 to date, I have held a Federal Firearms License.

B. I hold the following P.O.S.T. Certificates: Basic, Intermediate, Advanced, and Supervisory.

C. I am a California Basic Firearms Safety Instructor, license number 000223.

D. I am a California Private Investigator, license number PI 10814.

E. For 2000 to 2002, inclusive, I had, and continue to have, a license from the California Department of Justice Independent Handgun Test Laboratory.

12. As to my involvement with competitive firearm shooting, all of the following statements are true:

A. I am the winner of over 400 individual shooting awards.

B. I hold a Master rating in Practical Pistol competition.

C. In 1988, 1989, 1990, and 1992, I was the Annual Champion in the BANG practical pistol competition.

D. In 1985, I came in Second Overall in the BAPSL practical pistol competition.

E. I competed in the 1984 and 1985 World Speed Shooting [Steel Challenge] competition, in the 1984 and 1985 IPSC U.S. National Championships, and I have been an IPSC competitor from the mid-1970's.

F. Starting in 1969, I was active with the Sonoma County Sheriff*s shooting team, and I earned a Grand Master rating in that capacity.

G. Since 1956, I have been a smallbore rife competitor.

H. Since 1958, I have been a competitive trapshooter.

13. As to published articles relating to firearms, all of the following statements are true:

A. From 1989 to 1996, I was the editor/publisher of "Stand By!," a local magazine, and of "Straight Shots," which was nationally distributed.

B. The work of Scott, McDougall & Associates has been prominently displayed in some of the nation*s most prestigious and widely circulated magazines for firearms enthusiasts, civilian and/or law enforcement.

14. As to my expert witness experience, all of the following statements are true:

A. I have qualified as an expert witness on firearms form, function, identification, usage, use-of-force, and property crime investigations in all levels of California state courts and as an expert witness in firearms in general in Federal courts.

B. I have testified as an expert witness in numerous civil and criminal cases, primarily concerning firearms identification, usage, and safety.

C. I have worked in an expert capacity for both the prosecution and defense in criminal cases and for both sides in civil cases.

15. I am fairly well read on the history of the Model 1911 .45 caliber ACP semi-auto pistol. In reading about the history of this pistol, I considered, and relied upon in forming my opinions, only those sources that I deem, as an expert, to be authoritative, accurate, credible, and reliable.

16. A summary of some of the material facts about my understanding of the history of the Model 1911 .45 caliber ACP semi-auto pistol follows. Around the late 1800's and early 1900's, the United States was politically and militarily involved in the Phillippines. At that time, the standard government issued handgun for U.S. armed forces personnel was a .38 caliber, six shot, revolver. In the early 1900's, the Moro*s, an indigenous native people of the Phillippines, engaged in overt hostilities against U.S. army personnel in the Phillippines. The .38 caliber, six shot, revolver, issued to U.S. army personnel in the Phillippines proved to be ineffective against many of these Moro*s. The Moro*s had a habit of doing two things before they attacked U.S. personnel: (1) they often would consume a locally grown narcotic which made them more impervious to pain arising from wounds inflicted by gunfire from U.S. personnel and (2) they wrapped themselves in bamboo strips, which did not stop bullets, but did tend to help hold themselves together and reduce the amount of blood loss they suffered from bullet holes. As a result of the Moro*s bellicosity, and these improvised techniques, the U.S. military lost too many personnel to Moro*s who would not go down promptly when shot. Thus, the U.S. military issued a call for a more effective handgun. Effective in this context meant, among other things, more firepower [more cartridges, more energy, the ability to inflict a bigger hole, and easier and quicker to reload.] John Browning, an American firearm genius, invented many proven, technologically advanced, effective, reliable, firearms. Mr. Browning, around 1907, designed a semi-automatic pistol based on the more powerful .45 caliber ACP cartridge. This design was, and is, a semi-auto pistol. This design uses gases from the detonation of a fired cartridge in the pistol to blow back a slide on the top of the pistol. This recoil operation removes from the pistol the empty brass from the fired cartridge and, when the slide moves forward, it loads a new, live cartridge, into the pistol*s chamber, all in one, quick, action. The cartridges for this pistol*s design are stacked in a magazine which is inside the pistol*s handle, which makes for a neat, slimmer, compact, package. This design makes this pistol much easier, and quicker, to reload, than a revolver. This is because, with this design, one needs to only push a protrusion on this pistol to drop the empty magazine and, within brief seconds, one can reload the pistol with more than six new cartridges by merely inserting into the pistol*s handle, a new, already loaded, magazine. This design was adopted by the U.S. armed forces in 1911. Since the U.S. armed forces adopted Mr. Browning*s design in 1911, the model designation "1911" stuck for this particular pistol design. All branches of the U.S. armed forces, including the U.S. Coast Guard, used Browning*s "Model 1911 .45 caliber ACP semi-auto pistol" from 1911 to approximately 1984. The Model 1911 was used successfully by U.S. armed forces in World War I, World War II, the Korean War, and throughout much of the Cold War, on all of the world*s continents, in extremes of inclimate weather. When the patents of Browning*s design ran out, many firearm manufacturers exploited that fact and made their own versions of the "Model 1911." Around 1984, the U.S. armed forces elected to convert to a different handgun as standard service issue. This new handgun was, and is, the Beretta, in 9 mm, from Italy. The U.S. armed forces made this switch primarily for the following reasons: (1) NATO, of which the U.S. is a member, had standardized on the 9 mm chambering and the U.S. wanted to achieve logistical commonality with the NATO chambering to simplify logistical problems and to achieve ammunition interchangeability and commonality with NATO allies; (2) the 9 mm cartridge is smaller and lighter than the .45 ACP cartridge; thus, more 9 mm cartridges can be moved by airlift and/or sealift and more can fit into a magazine inside the handle of a pistol chambered for the 9 mm cartridge, which gives the user of a 9 mm chambered pistol more cartridges to shoot than the user of a standard, "single stack," .45 ACP Model 1911, semi-auto pistol; (3) around this time [1984,] more females were being recruited by the U.S. armed forces, and it was believed that males of smaller stature, females, and those of both sexes who are blast and/or recoil sensitive, would be better able to shoot more accurately and more often with a pistol chambered for the less powerful 9 mm cartridge as opposed to a pistol chambered for the substantially more powerful .45 ACP cartridge; (4) the Beretta design is a double action, which means it can be fired like a revolver on the first shot whereas the Model 1911 is designed so that it can be fired somewhat like a revolver only if is pre-set to a certain state of readiness; and (5) the Beretta design is ambi dexterous whereas the Model 1911 is not. Even though the U.S. armed forces stopped issuing the Model 1911 to all military units as standard issue, it is my understanding that some elite U.S. military units, and many law enforcement departments, and officers, and the armed forces of many nations still strongly prefer, and still use, the Model 1911 in .45 ACP. Currently, many of the world*s best, and most serious, competitive handgun shooters, prefer, and use, a handgun based on the Model 1911. Currently, the Model 1911 is manufactured by many of the world*s best handgun manufacturers. This is because of the high demand for this proven design. There are many excellent, compelling reasons for this choice, which, in my judgment, remains an excellent choice, even though the origins of the Model 1911 go back to 1907.

17. Around 1978-1979, when I was employed with the Sonoma County Sheriff*s Office, I was instrumental in getting that department to convert from its mandatory revolver only issue to giving officers the option to carry Model 1911's while on duty. I initiated the idea to make that conversion, I pushed real hard for it, and I wrote the protocol for that conversion. I pushed for that conversion because I believed, strongly, based on sound reasons, that the Model 1911 is a far superior handgun. I was successful in

getting my boss, the Sonoma County Sheriff, to authorize the conversion which I recommended.

18. Once I got the sheriff to adopt, and to implement, my ideas, when I was free to carry a Model 1911 on duty, I immediately did so. From that point forward, a Model 1911 became my handgun of choice when I was a law enforcement officer, on and off duty.

19. Currently, I can own and carry probably almost any of the world*s handguns. Out of all the choices available to me, I enthusiastically carry a Model 1911 .45 ACP semi-auto pistol. That design is my clear, definite, handgun of choice for self-defense and for most, if not all, of my competitive handgun shooting.

20. Some of my major reasons for sticking with the Model 1911 .45 ACP semi-auto pistol are: it is a time proven design which has not outlived its usefulness; it is simple, accurate, reliable; it is very functional and very reliable; it is strong; I have confidence in this design and its effectiveness; it is easy and quick to reload--far superior to any revolver; this design, with this cartridge, was the first semi-auto pistol designed to be extremely effective against human beings; it has plenty of firepower; it is a true expert*s serious handgun; it is very effective in the hands of those who know how to use it; and parts for this model are readily available worldwide at affordable prices.

21. Even though the Model 1911 .45 ACP semi-auto pistol design can be traced back to 1907, this design retains extremely high utility as an effective handgun. In the year 2002, and for the indefinite, reasonably foreseeable future, any modern military unit, law enforcement unit, and/or militia unit, would be extremely well equipped with any good manufacturer*s version of John Browning*s Model 1911 .45 caliber ACP semi-auto pistol. This is because this type of handgun, despite its age as to its original design, retains extremely high usefulness and utility as a highly effective, highly reliable, accurate, self-defense handgun and/or as an offensive, short-range, handgun. This is because it has all the qualities which I specified above, and, arguably, no other handgun design is a clear improvement over this design. Any modern military, law enforcement, and/or militia unit equipped with well functioning Model 1911 semi-auto pistols would be extremely well equipped with a truly superb, still highly useful, and well proven, highly effective, handgun. The Model 1911 is a true classic. Its value endures.

22. Colt, generally, is one of the better manufacturers of Model 1911 .45 ACP semi-auto pistols. At one time, Colt was, arguably, one of the best manufacturers of this type of pistol. Generally speaking, a Colt Commander Model 1911 .45 ACP semi-auto pistol in good working condition is an excellent pistol, extremely well suited for modern military, law enforcement, and/or militia use as a highly effective handgun.

23. If required, I am willing, upon notice, to appear to Superior Court in Martinez, California to give sworn testimony 100% consistent with what I have declared herein.

I declare under penalty of perjury under the laws of the State of California [and under the laws of the State of Oregon] that the foregoing in true and correct, and that this declaration was made in Sutherlin, Oregon on June 21, 2002.



Andrew MacGregor Scott