National Open Carry Handgun as a Ninth Amendment and a Human Right

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NEW SECOND AMENDMENT CASE: Hamrick v. President Bush, U.S. District Court for DC, No. 08-cv-1698-EGS, filed October 6, 2008. Download and read my Second Amendment case from a U.S. merchant seaman's point of view.

Many people do not want to see open carry and/or they are terrified of open carry, especially in interstate travel. And most people, if not everyone, have never given a thought to the Second Amendment in nautical and maritime travel.

When people do not understanding something or do not have any type of a knowledge base on something thatthey encounter they become afraid of it and will lash out against it with scorn and ridicule and in the extreme will form a lynch mob against it. This is evidenced throughout the history of man as it was also evidenced on this forum. It is typical psychological behavior. Let me present a quotation by Frederick Douglass, pre-Civil War abolotionist activist:

"Let me give you a word of the philosophy of reform. The whole history of the progress of human liberty shows that all concessions yet made to her august claims, have been born of earnest struggle. The conflict has been exciting, agitating, all-absorbing, and for the time being, putting all other tumults to silence. It must do this or it does nothing. If there is no struggle there is no progress. Those who profess to favor freedom and yet depreciate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightening. They want the ocean without the awful roar of its many waters."

"This struggle may be a moral one, or it may be a physical one, and it may be both moral and physical, but it must be a struggle. Power concedes nothing without a demand. It never did and it never will. Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them, and these will continue till they are resisted with either words or blows, or with both. The limits of tyrants are prescribed by the endurance of those whom they oppress. In the light of these ideas, Negroes will be hunted at the North, and held and flogged at the South so long as they submit to those devilish outrages, and make no resistance, either moral or physical. Men may not get all they pay for in this world; but they must certainly pay for all they get. If we ever get free from the oppressions and wrongs heaped upon us, we must pay for their removal. We must do this by labor, by suffering, by sacrifice, and if needs be, by our lives and the lives of others."

Frederick Douglass 1857

Source: Douglass, Frederick. [1857] (1985). "The Significance of Emancipation in the West Indies." Speech, Canandaigua, New York, August 3, 1857; collected in pamphlet by author. In The Frederick Douglass Papers. Series One: Speeches, Debates, and Interviews. Volume 3: 1855-63. Edited by John W. Blassingame. New Haven: Yale University Press, p. 204.

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My human rights complaint against the United States is actively pending at the Inter-American Commission on Human Rights in Washington, DC. It may come up for a ruling in March 2009. The federal courts have, for 6 years, denied my Seventh Amendment right to a civil jury trial over the Ninth Amendment right to national open carry handgun, a derivative right of the Second Amendment from a merchant seaman's perspective. The federal courts are biased and corrupt against unrepresented civil plaintiffs, especially so with Second Amendment cases.

Out of ignorance of the facts about my Second Amendment cause of action many people have insulted, ridiculed, and libeled me in every way. It is far easier for themto protect whatthey are accustomed to than to risk adversity by change, even when change means greater freedom for them.

Please stop attacking me on the personal level. You are welcome to read my lawsuit and question it on its legal points of argument. Criticize it for its strategy. Doing so helps me strengthen my case and prepare for trial in the federal court, if I ever get there. Attacking me personally does nothing productive and helps keep other people from developing an interest in my Second Amendment case. But that is the intent of personal attacks, isn't it? My question is why you would stand against a Second Amendment case in the first place?

Don Hamrick

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If you read my lawsuit above and you like what you read then please call or email the NRA, SAF, GOA, KABA, CCRKBA, JPFO, Second Amendment Sisters, and other Second Amendment advocacy groups and tell them to download my lawsuit here and publicize it and support it. Tell them to email me at 4donhamrick@gmail.com.

I need all the help I can get.

Thank you.

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Tell you the truth Don, We already have that right and it's canonized in the 2nd. But the people have been asleep at the switch and have let the government pass all these illegal 2nd amendment infringing laws.

It may be time to pull down their houses of cards. What its going to take is several hundered thousand people who believe inthe 2 mantra's below.


"And what country can preserve its liberties, if its rulers are not warned from time to time that this people preserve the spirit of resistance? Let them take arms....The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants"
Thomas Jefferson in a letter to William S. Smith in 1787. Taken from Jefferson, On Democracy 20, S. Padover ed., 1939



"Be not intimidated... nor suffer yourselves to be wheedled out of your liberties by any pretense of politeness, delicacy, or decency. These, as they are often used, are but three different names for hypocrisy, chicanery and cowardice."
- John Adams


Edit corrected a Fattfkinger.

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Don, how is this a NEW 2nd Amendment case?? You've been trying for six years to get this thing past even ONE court.

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ROFLMAO!

Because I filed it October 6, 2008 and the court gave it Case No. 08-CV-1698-EGS. That makes it a NEW case!

Plus! The Heller opinion overruled the original 2002 dismissal that the Second Amendment is a right of the State to arm a militia and my case, so wrote Judge Ellen Segal Huvelle had no merits based on that interpretation.

Well, now under the Heller interpretation my case does have merits to procede to a civil jury trial under the Seventh Amendment. I now stand on solid ground to win my Second Amendment right to "National Open Carry Handgun."

Too bad none of the gun rights groups, NRA, SAF, GOA, JPFO or even the Virginia Citizen's Defense League see it that way. They are all still ignoring my case.

If I win at trial vindication will be my sweet political revenge.

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Hope you are VERY successful. Wouldn't worry too much about naysayers. Heller (and whatever it was named before all of the plaintiffs except Heller were thrown out) didn't get much traction until it had moved along for some time. If memory serves, NRA opposed, actively or otherwise,as it was moving through the lower courts. The change in the makeup of the court precipitated by Rehnquist's passing and O'Connor's retirement no doubt set the stage for the favorable Heller ruling. Hope you have as favorable an audience.

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Juries usually determine facts, as in "what happened." They don't normally determine what the law is or what ones rights are. What do you want the jury to find inyour case?

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olypendrew wrote:

Juries usually determine facts, as in "what happened." They don't normally determine what the law is or what ones rights are. What do you want the jury to find inyour case?

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(1) That there are no federal laws or regulations on the right to travel with your Second and Ninth Amendment rights (National Open Carry Handgun) for U.S. merchant seaman traveling intrastate, interstate, or in maritime travel with personal firearms to and from U.S. flag vessels docked in U.S. seaports.

(2) That the U.S. Coast Guard officer denying my applicationfor an endorsement on my Merchant Mariner's Document (ID Card) for"National Open Carry Handgun" and "National Open Carry Handgun and Small Arms" (to counter United Nations anti-gun agenda) violated his Oath of Office to support and defend the U.S. Constitution and the Bill of Rights, i.e., the Second Amendment when he denied my application for the endorsement. U.S. merchant seaman are required to take small arms training (9mm Baretta, 12ga shotgun, and M-14 rifle) as a prerequisite for employment aboard a U.S. Government vessel.

(3) That the Second Amendment is a human right under international human rights treaties through the treaty clause of the U.S. Constitution.

(4) The U.S. Merchant Seaman has more documentation reguirements than a Secret Service agent (so told to me by a Secret Service agent).
Not one of those documents considers the Second Amendment right to keep and bear arms in interstate or maritime travel.

http://www.uscg.mil/nmc/

http://www.tsa.gov/what_we_do/layers/twic/index.shtm

The list goes on and on.