Posted by Don Hamrick on April 19, 1998 at 13:24:24:
ATTENTION: ALL U.S. CITIZENS
I have written a rough draft Class Action law suit
basing the Class Action on the following law:
42 U.S. Code 1981 - Equal rights Under The Law
42 U.S. Code 1983 - Civil Action for Deprivations of Rights
42 U.S. Code 1985 - Conspiracy To Interfere With Civil Rights
42 U.S. Code 1987 - Prosecution of Violation of Certain Laws
42 U.S. Code 1988 - Proceedings in Vindication of Civil Rights
42 U.S. Code Chapter 21B - Religious Freedom Restoration
42 U.S. Code 2000bb Congressional Findings and Declaration of Purpose
42 U.S. Code 2000bb-1 Free exercise of Religion Protected
42 U.S. Code 2000bb-2 Definitions
42 U.S. Code 2000bb-3 Applicability
42 U.S. Code 2000bb-4 Establishment Clause Unaffected
18 U.S. Code 241 - Conspiracy Against Rights
18 U.S. Code 242 - Deprivation of rights Under Color of Law
I am not a lawyer. But the Class Action is well
researched and well written. The rough draft, from my
own research, is 9 pages long. most of it uses
citations from law and case precedence law from USCA,
and analysis from Corpus Jurus Secundum, Black's Law
Dictionary, and citations from the Bible.
I mailed this rough draft Class Action to:
National Rifle Association:
http://www.nra.org
Gun Owners of America
http://www.gunowners.org
Jews for the Preservation of Firearms Ownership
http://www.jpfo.org
Second Amendment Foundation
http://www.saf.org
MY CONTENTIONS ARE:
(1) The Second Amendment is a Religious civil Right
(2) Gun Control Laws Violate Religious Freedom
WHY A CLASS ACTION LAW SUIT NOW?
In everything that has been tried by NRA, GOA, JPFO,
SAF, and all other pro-Second Amendment groups to turn
back the tide of gun control this storm surge is
breaching our efforts. Nothing has worked all that
well. We may see victories in one year but Congress
only comes back with the same bills later in following
years. Something new must be tried on a national scale.
I believe the Class Action is our best choice given the
present circumstances.
In sending the rough draft to the four groups, (NRA,
GOA, JPFO, SAF) I recommended the four groups, and any
others who wished to join the Class Action, to join
forces & resources to file the Class Action in federal
court.
I transfered all reponsibility of the Class Action over
to them so they are free to rewrite the rough draft in
proper legalese for federal court, add as many
violative offenses as they deem necessary, (I supplied
only a few offenses to get the point of the Class
Action accross to them.) I also suggested they post the
Class Action on their Web site to collect opinions from
the readers.
CONTENTION THAT THE SECOND AMENDMENT IS A RELIGIOUS CIVIL RIGHT:
I'll include the argument I made in the Class Action
assert the Second Amendment covers Religious Freedom,
I point rarely covered. Refering to CORPUS JURUS
SECUNDUM, volume 14, Civil Rights - Analysis.
=====================
SECTION II. Rights Protected And Discriminations Prohibited Generally.
A. IN GENERAL
SUBSECTION 12: GENERAL CONSIDERATIONS:
"Apart from constitutional or statutory provisions, in
herent rights will be upheld by the courts against any
action which would result in discrimination between
persons of differnet races, CREEDS, or color."
===========
BLACK'S LAW DICTIONARY:
INHERENT RIGHTS: One which abides in a person and is
not given from something or someone outside itself. A
right which a person has because he is a person. See
inalienable rights.
INALIENABLE RIGHTS: Are rights which are not capable of
being surrendered or transferred without the consent of
the one possessing such rights; freedom of speech or
religion, due process, and equal protection of the
laws. See Bill of Rights.
BILL OF RIGHTS: Are the first ten amendments to the
U.S. Constitution providing for individual rights,
freedoms, and protections.
[NOTE:{my comment} The Second amendment part of the
Bill of Rights, one of the inherent rights, is our
right to life, to defend our life by any means at
our disposal against another who means to take that
right of life from us, through direct assault of action
(murder, homocide, pulling the trigger of a gun) or
through 'color of law" (18 U.S. Code 242, Brady bill,
Gun Bans).
=====================
LIBRARY REFERENCE [Same CORPUS JURIS SECUNDUM Volume]
"It is recognized, whithout reference to constitutional
or statutory provisions, that an inherent human right
will be upheld by the courts against action by any
person or department of government that would destroy
such a right or result in discrimination in the manner
in which enjoyment is to be permitted as between
persons of different races, CREEDS, or color."
======================
BLACK'S LAW DICTIONARY
CREED: A confession or articles of faith, formal
declaration of religious belief.
=====================
KING JAMES BIBLE
ZECHARIAH 9:8 "And I will encamp about mine house
because of the army, because of him that passeth by,
and because of him that returneth: and no oppressor
shall pass through them any more: for now have I seen
with mine eyes."
2 KINGS 19:34 "For I will defend this city, to save it,
for mine own sake, and for my servant David's sake."
ECCLESIASTES 3:16 "Moreover I saw under the sun that in
the place of justice, even there was wickedness, and in
the place of righteousness, even there was wickedness."
ECCLESIASTES 4:12 "And if one prevail against him, two
shall withstand him; and a threefold cord is not
quickly broken."
ECCLESIASTES [4:13]-[5:1] Better is a poor and wise
youth than an old and foolish king, who will no longer
take advice, even though he had gone from prison to the
throne or in his own kingdom had been born poor. I saw
all the living who move about under the sun, as well as
that youth, who was to stand in his place; there was no
end of all the people; he was over all of them. Yet
those who come later will not rejoice in him. Surely
this also is vanity and a striving after wind. Guard
your steps when you go to the house of God; to draw
near to listen is better than to offer the sacrifice of
fools; for they do not know that they are doing evil."
ISAIAH 1:23 "Thy princes are rebellious, and companions
of thieves: every one loveth gifts, and followeth after
rewards: they judge not the fatherless, neither doth
the cause of the widow come unto them."
ISAIAH 37:33-35 "Therefore thus says the Lord
concerning the king of Assyria: he shall not come into
this city, or shoot an arrow there, or come before it
with a shield, or cast up a siege mound against it. For
I will defend this city to save it for my own sake and
for the sake of my servant David."
JEREMIAH 5:21-29 "Hear this, O foolish and senseless
people, who have eyes, but see not, who have ears, but
hear not. Do you not fear me? says the LORD; Do you not
tremble before me? I placed the sand as the bound for
the sea, a perpetual barrier which it cannot pass;
though the waves toss, they cannot prevail, though they
roar, they cannot pass over it. but this people has
a stubborn and rebellious heart; they have turned aside
and gone away. They do not say in their hearts, "Let us
fear the LORD our god, who gives the rain in its
season, the autumn rain and the spring rain, and keeps
for us the weeks appointed for the harvest." Your
iniquities have turned these away, and your sins have
kept good from you. For wicked men are found among my
people; they lurk like fowlers lying in wait. They set
a trap; they catch men. Like a basket full of birds,
their houses are full of treachery; therefore they
have become great and rich, they have grown fat and
sleek. They know no bounds in deeds of wickedness; they
judge not with justice the cause of the fatherless,
to make it prosper, and they do not defend the rights
of the needy. Shall I not punish them for these things?
says the LORD, and shall I not avenge myself on a
nation such as this?"
PSALMS 59:1-5 "Deliver me from my enemies, O my God,
protect me from those who rise up against me, deliver
me from those who work evel, and save me from
bloodthirsty men. for, lo, they lie in wait for my
life; fierce mean band themselves against me. for no
transgression or sin of mine, O Lord, for no
fault of mine, they run and make ready. Rouse thyself,
come to my help, and see! Thou, LORD God of hosts, art
god of israel. Awke to punish all the nations; spare
none of those who treachously plot evil." Selah
=====================================================
All through the Bible you will find verses discussing
the armies of Kings and Pharoahs with swords killing
the town folk. And you'll find verses about the people
taking up the sword in defense against the Kings' and
Pharoahs' armies. Isn't the Biblical sword equivalent
to today's full-auto and semi-automatic rifles as the
proper defense against the trespasses of our civil
rights against the government? If you review the
material at http://www.jpfo.org you'll find, after
reading this post as well, Clinton's Executive Order on
April 6th making permanent the import ban on
semi-automatic weapons can be viewed, and perhaps
should or must be viewed as violating our religious
civil rights, as religious persecution.
I'm not a religious fanatic, or some other extremists.
I'm just an average citizen doing some research when
the idea of a Class Action came up. I first posted this
bulletin on Saturday, April 18th and already I am
receiving flame mail from the uninformed thinking I am
some lunatic. I am just an average citizen who decided
to do some research into Sarah Brady, this gun control
debate, and learned just how much the U.S. citizen is
being lied to concerning our Second Amendment.
If you feel this to be a good idea please send your
comments to NRA, GOA, JPFO, and SAF. Encourage them to
pursue the Class Action.
Thank for your time in reading this.