• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

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

Lawful Aim

Regular Member
Joined
Nov 25, 2010
Messages
131
Location
USA
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.

[video=youtube;BFNdUeCAZa0]http://www.youtube.com/watch?v=BFNdUeCAZa0[/video]

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:

Robin47

Regular Member
Joined
Jul 28, 2008
Messages
545
Location
Susanville, California, USA
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.

[video=youtube;BFNdUeCAZa0]http://www.youtube.com/watch?v=BFNdUeCAZa0[/video]

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 :)
 

wolfeinstein

Regular Member
Joined
Feb 5, 2009
Messages
146
Location
Aliso Viejo, ,
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:

Lawful Aim

Regular Member
Joined
Nov 25, 2010
Messages
131
Location
USA
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/LawAndGovt/Citizenship/WhyANational.pdf
 
Last edited:

oc4ever

Regular Member
Joined
Oct 23, 2009
Messages
280
Location
, ,
so with this logic...

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

Lawful Aim

Regular Member
Joined
Nov 25, 2010
Messages
131
Location
USA
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:

Felid`Maximus

Activist Member
Joined
Nov 12, 2007
Messages
1,711
Location
Reno, Nevada, USA
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?
 

Robin47

Regular Member
Joined
Jul 28, 2008
Messages
545
Location
Susanville, California, USA
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
 

Robin47

Regular Member
Joined
Jul 28, 2008
Messages
545
Location
Susanville, California, USA
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
 

Robin47

Regular Member
Joined
Jul 28, 2008
Messages
545
Location
Susanville, California, USA
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
 

Gundude

Regular Member
Joined
Sep 30, 2009
Messages
1,691
Location
Sandy Eggo County
Next question. Would one lose access to Social Security, Medicare and other Gov programs, even though you paid into them?
 
Last edited:

Lawful Aim

Regular Member
Joined
Nov 25, 2010
Messages
131
Location
USA
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".
 

Lawful Aim

Regular Member
Joined
Nov 25, 2010
Messages
131
Location
USA
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.
 
Top