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Showing posts with label laws. Show all posts
Showing posts with label laws. Show all posts

Saturday, June 6, 2020

Decades of Destruction

Elected officials, representatives, or other members of the United States government, named below, have knowingly, willingly and maliciously, by the acceptance and passage of laws that restrict, regulate, and/or infringe on the Constitutionally protected right of the citizens to have and bear arms as protected by Amendment II of the Constitution of the United States of America.

In direct violation of 5 U.S. Code § 7311, 18 U.S.C. 241, and or 18 U.S. Code § 242, by the above named actions the elected officials have attempted to over throw the Republic form of government, the protections provided by the Republic form of government, and blatantly, openly, and with treasonous intent passed restrictive laws which deprive the citizens of their rights, privileges, or immunities secured and/or protected by the Constitution, including, but not limited to, forcing citizens to pay fees for background checks, purchase government regulated concealed carry permits, which is nothing more than the government forcing citizens to pay for registration and licensing before being able to exercise a specific protected right.

With the passage and legislation of these laws the people involved in drafting, developing, and submitting these laws have 'legalized' violations of Amendment IV, with unreasonable search of  papers and effects which violates the citizens right to privacy.

These same elected, appointed, or otherwise employed representatives have conspired with each other to injure, oppress, threaten, or intimidate the citizens of the United States of America (USA) in their free exercise and/or enjoyment of their rights and/or privileges secured to them by the Constitution which is a direct violation of 18 U.S. Code § 241.
  1. Feb. 6, 2019 HR 1025 - UIGHUR Act of 2019, 116th Congress (2019-2020)
  2. Dec. 6, 2017 HR 38 Concealed Carry Reciprocity Act of 2017, 116th Congress -  Bill Passed - House
  3. March 16, 2017 HR 1181 Veterans 2nd Amendment Protection Act 115th Congress - Bill Passed - House
  4. Feb. 2, 2017 H J Res 40 Providing for congressional disapproval of the rule submitted by the Social Security Administration relating to Implementation of the NICS Improvement Amendments Act of 2007 Joint Resolution, 115th Congress - Passed - House
  5. Feb. 26, 2016 HR 2406 Sportsmen's Heritage and Recreational Enhancement (SHARE) Act of 2015, 114th Congress - Bill Passed - House
  6. July 16, 2014 H Amdt 1098 Prohibits District of Columbia from Implementing Certain Firearm Laws Amendment Adopted - House
  7. Nov. 16, 2011 HR 822 Requiring State Reciprocity for Carrying Concealed Firearms Bill Passed - House
  8. July 28, 2010 HR 5827 Exempting Guns from an Estate for Bankruptcy Purposes Bill Passed - House
  9. May 20, 2009 HR 627 Credit Card Accountability Responsibility and Disclosure Act of 2009 Concurrence Vote Passed - House
  10. Sept. 17, 2008 HR 6842 Repealing Portions of the D.C. Firearm Ban Bill Passed - House
  11. Sept. 26, 2006 HR 5092 Bureau of Alcohol, Tobacco, Firearms, and Explosives Bill Passed - House
  12. June 28, 2006 H Amdt 1156 Trigger Lock Amendment Amendment Adopted - House
  13. Oct. 20, 2005 S 397 Firearms Manufacturers Protection Bill Bill Passed - House
  14. April 9, 2003 HR 1036 Protection of Lawful Commerce in Arms Act Bill Passed - House
  15. July 10, 2002 HR 4635 Arming Pilots Against Terrorism Act Bill Passed - House
  16. June 18, 1999 H Amdt 215 24 Hour Background Check Amendment Amendment Adopted - House
  17. June 18, 1999 H Amdt 216 72 Hour Background Check Amendment Amendment Rejected - House
  18. June 18, 1999 HR 2122 Mandatory Gun Show Background Check Act Bill Failed - House
  19. Feb. 24, 1998 HR 424 Minimum Sentences for Gun Crimes Bill Passed - House
  20. March 22, 1996 HR 125 Gun Ban Repeal Act of 1995 Bill Passed - House
  21. May 5, 1994 HR 4296 Regulation of Semi-Automatic Assault Weapons Bill Passed - House
  22. Nov. 23, 1993 HR 1025 Brady Handgun Bill Conference Report Adopted - House
  23. Nov. 10, 1993 H Amdt 390 Instant Background Checks for Gun Purchase Amendment Amendment Adopted - House
  24. Nov. 10, 1993 HR 1025 Brady Handgun Bill Bill Passed - House
In view of the aforementioned facts, we the people and citizens of the United States do hereby demand the immediate resignation of the following:
Nancy Pelosi
Chuck Schumer
Maxine Waters
Alexandria Ocasio-Cortez
Ilhan Omar
Kamala Harris
Cory Booker
Fredricka Wilson
Kirsten Gillibrand
and ALL other elected representatives that voted yea/yes on the above mentioned bills that obviously infringe on the Second Amendment! There are decades of documented violations of the US Constitution, specifically the Second Amendment!

Amendment II

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
No where does the Second Amendment mention the local, county, state, or federal government having the authority or power to determine whether ANY person is worthy, eligible, and/or mentally capable of possessing or owning a gun/firearm, including people who were previously convicted of a felony, under the current oppressive laws.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
While the Right to Privacy is mentioned in other Amendments, it is considered one of the rights of a free people. All background checks violate that right to privacy by forcing the consumer to divulge private personal information to strangers who may or may not use that information for nefarious purposes!

5 U.S. Code § 7311 - Loyalty and striking

An individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he—
(1) advocates the overthrow of our constitutional form of government;
(2) is a member of an organization that he knows advocates the overthrow of our constitutional form of government;
(3) participates in a strike, or asserts the right to strike, against the Government of the United States or the government of the District of Columbia; or
(4) is a member of an organization of employees of the Government of the United States or of individuals employed by the government of the District of Columbia that he knows asserts the right to strike against the Government of the United States or the government of the District of Columbia.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 524.)

18 U.S. Code § 241 - Conspiracy against rights

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
(June 25, 1948, ch. 645, 62 Stat. 696; Pub. L. 90–284, title I, §?103(a), Apr. 11, 1968, 82 Stat. 75; Pub. L. 100–690, title VII, §?7018(a), (b)(1), Nov. 18, 1988, 102 Stat. 4396; Pub. L. 103–322, title VI, §?60006(a), title XXXII, §§?320103(a), 320201(a), title XXXIII, §?330016(1)(L), Sept. 13, 1994, 108 Stat. 1970, 2109, 2113, 2147; Pub. L. 104–294, title VI, §§?604(b)(14)(A), 607(a), Oct. 11, 1996, 110 Stat. 3507, 3511.)

18 U.S. Code § 242 - Deprivation of rights under color of law

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
(June 25, 1948, ch. 645, 62 Stat. 696; Pub. L. 90–284, title I, §?103(b), Apr. 11, 1968, 82 Stat. 75; Pub. L. 100–690, title VII, §?7019, Nov. 18, 1988, 102 Stat. 4396; Pub. L. 103–322, title VI, §?60006(b), title XXXII, §§?320103(b), 320201(b), title XXXIII, §?330016(1)(H), Sept. 13, 1994, 108 Stat. 1970, 2109, 2113, 2147; Pub. L. 104–294, title VI, §§?604(b)(14)(B), 607(a), Oct. 11, 1996, 110 Stat. 3507, 3511.)

Sunday, October 20, 2019

How Law Fails


The following case were found at saylordotorg.githun.io

Generally a defendant’s status in society is not a criminal act, such as being an alcoholic or a drug addict. Status is who the defendant is, not what the defendant does. Similar to punishment for an involuntary act, when the government punishes an individual for status, it is essentially targeting that individual for circumstances that are outside his or her control. This punishment may be cruel and unusual pursuant to the Eighth Amendment if it is disproportionate to the defendant’s behavior.

In Robinson v. California, 370 U.S. 660 (1962), the US Supreme Court held that it is unconstitutional as cruel and unusual punishment pursuant to the Eighth Amendment to punish an individual for the status of being a drug addict—even if the drugs to which the defendant is addicted are illegal. 

The Court compared drug addiction to an illness, such as leprosy or venereal disease. Punishing a defendant for being sick not only is inhumane but also does not specifically deter, similar to a punishment for an involuntary act.

In contrast, the case of Powell v. Texas, 392 U.S. 514 (1968), the US Supreme Court upheld the defendant’s conviction for “drunk in public,” in spite of the defendant’s status as an alcoholic. The Court held that it is difficult but not impossible for an alcoholic to resist the urge to drink, so the behavior the statute criminalized was voluntary. 

Also, the Court ruled that the state has an interest in treating alcoholism and preventing alcohol-related crimes that could injure the defendant and others. Pursuant to Powell, statutes that criminalize voluntary acts that arise from status are constitutional under the Eighth Amendment.

If the defendant can control the actions at issue in spite of his or her status, the defendant’s conduct can be constitutionally criminalized and punished pursuant to the Eighth Amendment. This is where the law fails to equally prosecute or protect, respectively, the perpetrator and the victims.

While it is difficult, but not impossible, for a drug addict to resist the urge to enter an altered state of mind by using drugs. It is a conscious and voluntary choice before they facilitate the introduction of drug(s) into their body. Regardless of whether that introduction is oral, injected, smoked, 'snorted', or by any other means. 

If it was impossible to resist the urge to use drugs nobody would seek treatment; let alone successfully complete a drug treatment program. 

Alcoholism is also a treatable illness which is not always 'controllable' by the alcoholic. The State should also have an interest in treating drug addicts and preventing drug addicted crimes, which generally include promoting the sale and use of illicit drugs, theft, burglary, breaking and entering, and other serious crimes which could, and often do, injure the drug addict and others, but not at the expense of innocent taxpayers who are not involved in the crime or the addicted perpetrator!









Monday, February 8, 2016

We the People

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. 
That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed
That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
Mr Obama, Vice-President Biden, all appointed office holders of this regime, members of the House of Representatives, Congress, members of the Supreme Court, all Employees, directors, staff, of all departments and agencies of the current government, including but NOT limited to EPA, FDA, USDA, CIA, and the FBI.

WE, the people, hereby ask that you step down and remove yourself from office. You will forfeit any and all money, property, or anything else of value, which you swindled from the tax paying American people, took as a bribe or other compensation from any/all corporations or any/all other sources. You will immediately leave this country and NEVER return.

All illegal immigrants, uninvited guests of the current government, leave this country. You are NOT welcome here. We have a system of government that will be re-ratified in our country, it does NOT have any provision for Islamic Law, Sharia Law, or YOUR so called religion. Other illegal immigrants WE, the people, of the United States of America, hereby rescind the 14th Amendment, retroactively, making any child born in America a citizen of the country from which the PARENTS are citizens.

Military Leaders – You are on the verge of assisting a treasonous government take over. Bring our troops home and protect the citizens of this nation – as YOUR oath says defend the Constitution from ALL enemies foreign and domestic! The domestic United States of America is in danger, we ARE being invaded, with the assistance of the government.

Large Corporations, including but not limited to, Monsanto, Haliburton, Nestle, any and all prescription drug companies, you are hereby ordered to CEASE and DESIST producing dangerous, harmful chemicals to doctors, pharmacists, farmers, and ranchers! We will NOT tolerate the continuous poisoning of our air, land, water, and food by your products. You will immediately recall any/all of there chemicals and products, including but not limited to any and all GMO's, and safely REMOVE them from our environment. Yes, YOUR corporation will, by the least destructive means possible, decontaminated ALL water, land, and air of the chemicals YOU produced.

State, County, and City Governments - You will do an internal 'house cleaning'. Any/all employees that are involved with any type of unconstitutional conduct will immediately be fired and all compensation to that person will be confiscated and returned to the State cofiers. This includes any/all police officers that have committed murder, or any other CRIME against the citizens, including be not limited to harassment, assault, sexual and otherwise, and/or entrapment, while on or off duty, any/all attorneys, including but not limited to District Attorneys that defended those cases, any/all judges that presided on those cases, who may or may not have, given police officers preferential treatment because of the perpetrators position as an officer. All incarcerated citizens will be immediately released from prison. All contracts that any/all states have signed with private prisons are here by terminated! These facilities will be used as holding or containment areas for illegal immigrants until such time as those immigrants can be returned to their country of origin.

The predominate language in the Untied States of America is English. If you cannot speak and UNDERSTAND this language you cannot be a citizen.

All airlines, cargo ships, and other means or methods of transporting goods, products, or people to and from other countries you will cease and desist from all activities until further notice.

Banks, bankers, and other institutions of monetary exchange you will no longer pretend that there was an actual money exchange for ANY service you offered to the public, including but not limited to personal loans, mortgages, and overdraft fees.

We will, for now, do away with the monetary/currency system currently ruling our country. We will develop a system of barter and exchange for ALL goods and services currently offered.



Friday, January 22, 2016

Interesting Tidbits

Federal Criminal Enforcement
It is a crime for one or more persons acting under color of law willfully to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States. (18 U.S.C. §§ 241, 242).
"Color of law" simply means that the person doing the act is using power given to him or her by a governmental agency (local, State, or Federal). A law enforcement officer acts "under color of law" even if he or she is exceeding his or her rightful power. The types of law enforcement misconduct covered by these laws include excessive force, sexual assault, intentional false arrests, or the intentional fabrication of evidence resulting in a loss of liberty to another. Enforcement of these provisions does not require that any racial, religious, or other discriminatory motive existed.
What remedies are available under these laws? Violations of these laws are punishable by fine and/or imprisonment. There is no private right of action under these statutes; in other words, these are not the legal provisions under which you would file a lawsuit on your own.
Overcoming Immunity
Being stopped and questioned by police in connection with a crime is an unsettling experience for most anyone. As long as the officer is performing his job properly, however, there is no violation of a suspect's rights. In fact, police are immune from suit for the performance of their jobs unless willful, unreasonable conduct is demonstrated. Mere negligence, the failure to exercise due care, is not enough to create liability. Immunity therefore means that in the typical police-suspect interaction, the suspect cannot sue the police. Civil rights remedies come into play for willful police conduct that violates an individual's constitutional rights.
Excessive Force
Excessive force claims receive the most publicity, perhaps because the results of excessive force seem the most outrageous, involving serious physical injury or death. Whether the officer's use of force was reasonable depends on the surrounding facts and circumstances. The officer's intentions or motivations are not controlling. If the amount of force was reasonable, it doesn't matter that the officer's intentions were bad. But the reverse is also true: if the officer had good intentions, but used unreasonable force, the excessive force claim will not be dismissed.
Failure to Intervene
Officers have a duty to protect individuals from constitutional violations by fellow officers. Therefore, an officer who witnesses a fellow officer violating an individual's constitutional rights may be liable to the victim for failing to intervene.
What to do!
Remain CALM!
You don't have to agree to a search. Say, "I do not consent to a search."
Ask, "Am I free to leave?"
  • If you are free to leave – leave calmly.
  • If you are not free to leave. Ask "Am I being arrested?"
  • If you are arrested, remain clam, ask for a lawyer immediately.
  • The answer to all questions is "I want an attorney."
 - The police must have a reasonable suspicion – meaning a clear, specific and unbiased reason for suspecting that you committed, are committing, or are about to commit a crime.
 - They cannot stop you simply because you "look suspicious."
Think your rights have been violated, file a written complaint with police department internal affairs division or civilian complaint board, or call the ACLU hotline, 1-877-6-PROFILE.
Your Rights
The 1st Amendment protects speech, religion, assembly and the press:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Fourteenth Amendment – Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Laws that make it illegal for a felon to possess a firearm are Unconstitutional!

Police Oath of Honor
On my honor,
I will never betray my badge,
my integrity, my character, 
or the public trust.
I will always have
the courage to hold myself
and others accountable for our actions.
I will always uphold the constitution
my community and the agency I serve.
Before any officer takes the Law Enforcement Oath of Honor, it is important that he/she understands what it means. An oath is a solemn pledge someone makes when he/she sincerely intends to do what he/she says.
Honor means that one's word is given as a guarantee.
Betray is defined as breaking faith with the public trust.
Badge is the symbol of your office.
Integrity is being the same person in both private and public life.
Character means the qualities that distinguish an individual.
Public trust is a charge of duty imposed in faith toward those you serve.
Courage is having the strength to withstand unethical pressure, fear or danger.
Accountability means that you are answerable and responsible to your oath of office.
Community is the jurisdiction and citizens served.