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Thread: How Gun Violation Prosecutions WITHOUT an Actual Injured Party are a Sham

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    Regular Member Lawful Aim's Avatar
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    How Gun Violation Prosecutions WITHOUT an Actual Injured Party are a Sham

    And not just so called gun violations but any and every statute, code, infraction, misdemeanor, felony, etc. to which there is NO competent fact witness who has been injured. The citing officer nor the district/prosecuting attorney can be the competent fact witness.



    Statements of counsel, in their briefs or their arguments are not sufficient for a motion to dismiss or for summary judgment, Trinsey v. Pagliaro, D.C. Pa. 1964, 229 F. Supp. 647.


    Actual facts not mere allegations of complaint are determinative of issue of jurisdiction.
    If there is no witness there are no facts, if there are no facts there is no jurisdiction.

    The narrator in the video doesn't provide good examples but one may insert;
    ...knowingly failed to secure a firearm in a locked container when required according to statute.
    ...had ammunition attached to the firearm.
    ...reasonably knew he was within the prohibited 1000 feet of a school while in possession of a firearm.
    Last edited by Lawful Aim; 06-20-2011 at 03:03 AM.
    The world is a dangerous place. Not because of the people who are evil; but because of the people who don't do anything about it. -Albert Einstein
    Liberty that was diminished in increments has never been restored by the same. -Lawful Aim
    One who compromises in steps toward freedom will always be compromising. -Lawful Aim
    It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds. -Samuel Adams

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    Quote Originally Posted by Lawful Aim View Post
    And not just so called gun violations but any and every statute, code, infraction, misdemeanor, felony, etc. to which there is NO competent fact witness who has been injured. The citing officer nor the district/prosecuting attorney can be the competent fact witness.



    Statements of counsel, in their briefs or their arguments are not sufficient for a motion to dismiss or for summary judgment, Trinsey v. Pagliaro, D.C. Pa. 1964, 229 F. Supp. 647.


    Actual facts not mere allegations of complaint are determinative of issue of jurisdiction.
    If there is no witness there are no facts, if there are no facts there is no jurisdiction.

    The narrator in the video doesn't provide good examples but one may insert;
    ...knowingly failed to secure a firearm in a locked container when required according to statute.
    ...had ammunition attached to the firearm.
    ...reasonably knew he was within the prohibited 1000 feet of a school while in possession of a firearm.
    Good post Lawful Aim. Thanks ! Robin47

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    Regular Member Lawful Aim's Avatar
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    You're Welcome, Robin! For those who want to dive in further, here is the first of three vids that make up the full length version; http://www.youtube.com/watch?v=a8MAQEJZbuY
    The world is a dangerous place. Not because of the people who are evil; but because of the people who don't do anything about it. -Albert Einstein
    Liberty that was diminished in increments has never been restored by the same. -Lawful Aim
    One who compromises in steps toward freedom will always be compromising. -Lawful Aim
    It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds. -Samuel Adams

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    Quote Originally Posted by Lawful Aim View Post
    You're Welcome, Robin! For those who want to dive in further, here is the first of three vids that make up the full length version; http://www.youtube.com/watch?v=a8MAQEJZbuY
    Thanks again !
    I been studying laws since the early 1970's, the only problem at my age is the Remembering part ! Ha-ha !

    Robin47

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    Yeah Marc Stevens http://marcstevens.net/ teaches the same thing! There can only be a crime (Supreme Court Opinion) if there is a corpus delecti ie. Body of the crime.

    2 elements to the corpus delecti loss harm and injury.

    So if you carry loaded and they bust you there really is no crime because you have not alleged the violation of anyone's legal right!

    Statutorily the cop can arrest you or give you a ticket etc., but the courts have no subject matter jurisdiction, because the Constitution states only Cases and Controversies can be heard and in order to have a case , they have to prove that you have violated someone's legal right, which is loss harm and injury and if they can't, case should be thrown out.

    The declaration of Independence says :"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."

    So the Government's only purpose is to protect and maintain RIGHTS, courts part of the Government have the same purpose. That is why the BASTARDS has no business giving us tickets,put us in prison for 420,or loaded carry etc. etc.
    Last edited by wolfeinstein; 06-29-2011 at 06:06 AM. Reason: adding more content

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    Regular Member Lawful Aim's Avatar
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    You got THAT right! In fact, an officer may only cite one for a victimless crime who falls under their PRESUMED jurisdiction. How do they OBTAIN jurisdiction? When one of the People offers themselves as a PERSON under the statutes. When an officer asks for a name, date of birth, ID, etc. before or even after an arrest and such is given, that one of People has now given consent to be charged. So what is an American to do? Learn about declaring one self as a state Citizen or state National. http://www.state-citizen.org/ http://www.usavsus.info/ http://www.famguardian.org/Subjects/...yANational.pdf
    Last edited by Lawful Aim; 06-30-2011 at 04:29 PM.
    The world is a dangerous place. Not because of the people who are evil; but because of the people who don't do anything about it. -Albert Einstein
    Liberty that was diminished in increments has never been restored by the same. -Lawful Aim
    One who compromises in steps toward freedom will always be compromising. -Lawful Aim
    It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds. -Samuel Adams

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    so with this logic...

    So with this logic , all the illegal drug possession laws are unlawful also?

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    Regular Member Lawful Aim's Avatar
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    Without a Grand Jury indictment and a warrant or without a warrant along with an injured competent fact witness who has signed an affidavit, yes.

    So then how are the courts able to get away with it? Believe it or not, by CONSENT to contract! Article I, Section 10: No State shall pass any law impairing the obligation of contracts.

    The consent may be by deception, intimidation and coercion but it is by consent. So then what codes regulate contracts? The Uniform Commercial Code; http://www.law.cornell.edu/ucc/ucc.table.html

    One example; Citations are a NOTICE TO APPEAR. A NOTICE falls under the definitions and regulations of the UCC: http://www.law.cornell.edu/ucc/1/article1.htm#s1-202 There is remedy under the UCC any time an officer writes a NOTICE TO APPEAR.
    Last edited by Lawful Aim; 07-02-2011 at 01:39 AM.
    The world is a dangerous place. Not because of the people who are evil; but because of the people who don't do anything about it. -Albert Einstein
    Liberty that was diminished in increments has never been restored by the same. -Lawful Aim
    One who compromises in steps toward freedom will always be compromising. -Lawful Aim
    It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds. -Samuel Adams

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    I've seen this kind of information on the internet many times, but I have not heard of anyone using it in a successful legal defense.

    Does anyone have any citations where such a legal defense has ever been successful?

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    Quote Originally Posted by Felid`Maximus View Post
    I've seen this kind of information on the internet many times, but I have not heard of anyone using it in a successful legal defense.

    Does anyone have any citations where such a legal defense has ever been successful?

    Yes there are cases where they have been dismissed in court.
    Google "Without Prejudice UCC 1.207"
    Also the Remedy is found in "UCC 1-103.6".
    This last one is really powerful.
    All Codes and Statues MUST be in Harmony with the Common Law !
    You can get more Info on cases and how it works for the Patriots who have used it
    on Youtube. Google "Sovereign Citizen", or "Sovereign Citizens".


    Now the only question is do "They"( Courts) obey the law ? NO !


    Robin47

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    Quote Originally Posted by Felid`Maximus View Post
    I've seen this kind of information on the internet many times, but I have not heard of anyone using it in a successful legal defense.

    Does anyone have any citations where such a legal defense has ever been successful?

    Yes there are cases where they have been dismissed in court.
    Google "Without Prejudice UCC 1.207"
    Also the Remedy is found in "UCC 1-103.6".
    This last one is really powerful.
    All Codes and Statues MUST be in Harmony with the Common Law !
    You can get more Info on cases and how it works for the Patriots who have used it
    on Youtube. Google "Sovereign Citizen", or "Sovereign Citizens".


    Now the only question is do "They"( Courts) obey the law ? NO !


    Robin47

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    Quote Originally Posted by Robin47 View Post
    Yes there are cases where they have been dismissed in court.
    Google "Without Prejudice UCC 1.207"
    Also the Remedy is found in "UCC 1-103.6".
    This last one is really powerful.
    All Codes and Statues MUST be in Harmony with the Common Law !
    You can get more Info on cases and how it works for the Patriots who have used it
    on Youtube. Google "Sovereign Citizen", or "Sovereign Citizens".


    Now the only question is do "They"( Courts) obey the law ? NO !


    Robin47
    Sorry I couldn't get this post deleted, I clicked on it twice.
    Anyway here's a case on youtube that won big time, check out the video's.

    http://www.youtube.com/watch?v=VfGrm4_U_L8

    Robin47

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    Regular Member Gundude's Avatar
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    Let me pose this question. If I an a sovereign citizen, I am not subject to any carry laws anywhere in the US?
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

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    Quote Originally Posted by Gundude View Post
    Let me pose this question. If I an a sovereign citizen, I am not subject to any carry laws anywhere in the US?
    That's right ! That's why the B of A states "Shall not be Infringed"
    Which under blacks law book means. Hands Off !

    Robin47

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    Regular Member Gundude's Avatar
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    Next question. Would one lose access to Social Security, Medicare and other Gov programs, even though you paid into them?
    Last edited by Gundude; 07-01-2011 at 10:19 PM.
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

  16. #16
    Regular Member Lawful Aim's Avatar
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    No. I could elaborate but it's not the topic of this forum. Feel free to send a PM though.

    Previous references; UCC 1-207 has changed to 1-308;

    § 1-308. Performance or Acceptance Under Reservation of Rights.
    (a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice," "under protest," or the like are sufficient.

    The Southern Poverty Law Center and the FBI has labeled Sovereign Citizens as a movement that partakes in domestic terrorism. There are sovereigns that are state citizens and state citizens that are sovereign but there actually is no such movement that has named themselves, "Sovereign Citizens".
    The world is a dangerous place. Not because of the people who are evil; but because of the people who don't do anything about it. -Albert Einstein
    Liberty that was diminished in increments has never been restored by the same. -Lawful Aim
    One who compromises in steps toward freedom will always be compromising. -Lawful Aim
    It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds. -Samuel Adams

  17. #17
    Regular Member Lawful Aim's Avatar
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    Quote Originally Posted by Felid`Maximus View Post
    I've seen this kind of information on the internet many times, but I have not heard of anyone using it in a successful legal defense.

    Does anyone have any citations where such a legal defense has ever been successful?
    Citations won't be found published regarding cases in which the UCC was used as a remedy. UCC methods are used in place of pleadings so the courts are never in a position to make an opinion or judgment.
    It's quite cunning to lure the people in to court with one type of law (UCC) and then persuade them to plead to another type. (Statutory)

    So then by sticking with the UCC and keeping the subject matter under it the charges under the statutory code are irrelevant.
    The world is a dangerous place. Not because of the people who are evil; but because of the people who don't do anything about it. -Albert Einstein
    Liberty that was diminished in increments has never been restored by the same. -Lawful Aim
    One who compromises in steps toward freedom will always be compromising. -Lawful Aim
    It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds. -Samuel Adams

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