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One man’s lonely fight to bear arms
Toledo Blade ^ | 10 August 2003 | JOE MAHR

Posted on 08/10/2003 8:55:11 AM PDT by Deadeye Division

Edited on 04/13/2004 2:25:28 AM PDT by Jim Robinson. [history]

Francis Warin had a nagging habit.

Nearly 30 years ago, he toted a submachine gun into Toledo

(Excerpt) Read more at toledoblade.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Miscellaneous; News/Current Events; US: Ohio
KEYWORDS: bang; banglist
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1 posted on 08/10/2003 8:55:11 AM PDT by Deadeye Division
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To: *bang_list
Bang
2 posted on 08/10/2003 8:55:55 AM PDT by Deadeye Division
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To: Joe Brower
ping
3 posted on 08/10/2003 9:05:35 AM PDT by FreedomPoster (this space intentionally blank)
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To: Deadeye Division
"I don’t know of any responsible Second Amendment advocates who would suggest that anybody get arrested," he said.

That's how the left has done it over the past decades. They'll deliberately pick something and get arrested to be able to challenge laws they don't like in court.

I also think it is very disingenuous to say he is dangerous and not allow hom out on bail.

Compare the treatment of 30 years ago to now. I bet now he's treated much worse.

4 posted on 08/10/2003 9:05:43 AM PDT by tallhappy
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To: Deadeye Division
Thanks for the article. I had heard rumors of a guy who demanded to be arrested on Federal charges for making a machine gun but I didn't know who he was.
5 posted on 08/10/2003 9:07:12 AM PDT by Shooter 2.5 (Don't punch holes in the lifeboat.)
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To: Deadeye Division
"Mr. Warin succeeded in making [case] law that is directly contrary to his point of view," said Mr. Henigan, legal director of the Brady Center to Prevent Gun Violence in Washington.

I hope he doesn't end up doing that again. We don't need any more anti-Second Amendment case law.

6 posted on 08/10/2003 9:11:19 AM PDT by wysiwyg (What parts of "right of the people" and "shall not be infringed" do you not understand?)
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To: Deadeye Division
"I’m as scared of weapons as anyone," said Connie Zemmelman, a local attorney.

Speak for yourself, you fool!

7 posted on 08/10/2003 9:21:03 AM PDT by Gritty
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To: Deadeye Division
Good intentions but a bit loony.
8 posted on 08/10/2003 9:24:49 AM PDT by Shmokey (Always be prepared)
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To: AAABEST; wku man; SLB; Travis McGee; Squantos; harpseal; Shooter 2.5; The Old Hoosier; xrp; ...
I am continuing to compile a list of FreeRepublic folks who are interested in RKBA topics. FReepmail me if you want to be added.

Conversely, if you want off my ping-list, let me know.

And my apologies for any redundant pings.

Click the Gadsden flag for pro-gun resources!

9 posted on 08/10/2003 10:29:14 AM PDT by Joe Brower ("Growth for the sake of growth is the ideology of the cancer cell." - Edward Abbey)
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To: Deadeye Division
This is one gutsy individual, I would not want to be him but I cannot critisize him. He is right.

I prefer to support pro-gun rights candidates. It takes longer, but I'm not going to jail.

10 posted on 08/10/2003 10:35:43 AM PDT by LibKill (The sacred word, TANSTAAFL.)
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To: Deadeye Division; Joe Brower
good GAWD!
This gentleman has large iridium cojones.
11 posted on 08/10/2003 10:51:12 AM PDT by King Prout (people hear and do not listen, see and do not observe, speak without thought, post and not edit)
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To: wysiwyg
"I hope he doesn't end up doing that again. We don't need any more anti-Second Amendment case law."

Right on, we just need the demoncrats with their rino coharts to keep taking any presumption of 2nd A rights from us without a lone wolf daring to challenge the arseholes.

Oh yes, we need more like you too, FOR THEM TO SUCCEED.
12 posted on 08/10/2003 11:34:29 AM PDT by Ursus arctos horribilis ("It is better to die on your feet than to live on your knees!" Emiliano Zapata 1879-1919)
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To: Deadeye Division
From another webboard:

Since speculation still seemingly abounds regarding my actual whereabouts, I have decided to throw my ashes to the electron breeze.

Facts are, I am in the midst of a six year term here at the Federal manzinar in Duluth, the consequence of alleged "crimes". Not that it should come as an great shock, the counts were felon in possession of firearms and possession of an unregistered destructive device.

As there will be some curiosity to the actual nature of my weapons of mass mayham, no harm in the telling...

Suppressed M16A3/203 Carbine, TRW M14EZ NM, C1AZ LMG, Hotchkiss Universal SMG, G18 Glock, and no shortage of other working tools...no big deal really.

Now if perhaps I sound a bit shameless, lacking the proper remorse for these alleged violations theres not one thing I have to feel remorse over...the only shame I can feel is for those conditional Libertarians who rationilize the best way to safeguard their liberty is by scapegoating mine.

So there is the crux, weather Congress has authority to pass any act that precludes Any Citizen Free and unfettered access to any right.

Yes, I am well aware where many of you stand...

In these United States our nation's Founders had the Foresight to bestow upon teh people a tiered order of law. Congress, the States and municipalities can create law however none can run against the grain of our nations highest Law, the Constitution of the United States of America.

Many folks tend to overlook the Constitution's true role as our basic legal scripture. Comparable in many ways to the Holy Bible, it too was written by extraordinary men for ordinary people. Regardless of claims of the anointed caste of priestly Black Robes, neither are works of symbolism that want for interpretation by learned genre...indeed this is the primary problem facing both the Christian Faith and our Constitution; so few of the Faithful ever trouble themselves with absorbing the actual word.

In every discussion regarding Citizens Rights, of paramont import is defining the characteristics of citizenship.

Our original Constitution, with few exceptions, was simply a blueprint for a central body and the States contract with it. Little mention was made relative to the individual's rights and immunities or who was exactly qualified as a citizen. The omission was deliberate due to the anxiety of Slave owners. it took the conclusion of the War between the States to correct this shortcomming...

Amendment XIV

"All persons born or naturalized in the Usited States and subject to the jurisdiction thereof, are citizens of the United States and any 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"

The 14th became part of our nations highest Law in 1868 during the early reconstruction period. At this crossroad there had came many State and local ordinances of great evil, some targeted upon freed slaves, others directed at former citizens of the Confederacy. In both cases the common denomonator was disarmament...yes, the 14th was created to defeat the aims of post-rebellion Gun Grabbers.Sans the protections granted to "citizens" via the Bill of Rights no small number of jurisdictions had created partial Bills of Attainder.

As stated, the Constitution itself offers little to the individual however its authors did include two broadly worded prohibitions...Article I; Section 9-3:

" No bill of Attainder or ex post facto law shall be passed"

"Bill of Attander" refers to the once common Crown practice of stripping her citizens of civil rights upon conviction of a Felony. This isn't to say the Constitution prohibits punishment and penalties just that an American Citizen was unique in that they could never lose their civil rights permanently short of execution.

Besides their support of illegal limitations on the Second, Conditional Libertarians continue to spout this wrongheaded notion that an ex-felon loses his right evermore to participate in the voting process...a regular neoConservative complaint thru the past three executive election cycles.

The Constitution is specific on this issue and further it should be pointed out that immunities folded into the various voting acts are directly applicable to any other enumerated right...no right is more exceptional than another. Like people themselves they all stand equal.

Lets begin with the 13th....

Amendment XIII:

" Neither slavery or involuntary servitude, except as punsihment for a crime whereof the party shall have been duly convicted shall exist in the United States or any place Subject to their jurisdiction."

The prohibition on slavery was included in the highest law in 1865. Key is the inclusion of exclusionary language excepting the court penalty involving the remission of civil rights. In case anyone doubts incarceration is both slavery and involuntary servitude I offer our legal standard:

Blacks Law Dictionary:

" 1: A situation in which one person has absolute power over the life, fortune and liberty of another.

2: The condition of being a servant or a slave."

"Servitude 2: the condition of being a servant of a slave.

3: The condition of a prisoner who has been sentenced to forced labor."

"Involuntary Servitude: The condition of one forced to labor, for pay of not, for another by coercion or imprisonment."

By the very act of excluding punishment from prohibition the authors of the 13th have quite reasonably acknowleged that it rises to the level of slavery. The wording here is prudent, logical and quite deliberate...truly violent criminal behaveior needs a severe consequence remembering that few criminal matters mandate Death or In Servanti Viti penalites.

Amendment XV:

" The right of the citizens of the United States to vote shall not be derived or abridged by the United States or by any State on account of race, color or previous condition of servitude."

,/i> Note the 15th makes no exceptions PERIOD...even based on his prior conviction...you are Tabula Rasain so far as your civil rights are concerned upon expiration of your sentence.

Now lets just examine where and how Congress imagined authority to illegally usurp my rights...Of course it was the 1968 Gun Control Act, which was givin its teeth some years prior when Congress passed an excise tax act on firearms.

What does our Constitution proclaim?

Amendment XIV

"The right of citizens of the United States to vote in any primary or any other election for the President or Vice President, for electors for the President or Vice President, or for Senator, or for Representative in Congress shall not be denied or abridged by the United States or ant State by reason of failure to pay any poll tax or other tax."

The principle of our rights being non taxable is nothing novel...this is exactly why Church properties remain tax exempt.

It then must follow that if the Second is an Individual Right, Congress has no authority to tax it particularly when the purpose of the regulatory tax is to restrict access to said right. in short, my civil rights have been totally violated and I am now a political prisoner due in no small part to the treachery of Slavococrastic organizations such as the NRA; however I digress....

Myself? I am slowly working up my own civil rights suit against the Federal Government. No, this will do nothing to losen my chains, I will be back on the street before this ever gets before the nation's high court and needless to say its always an uphill battle, even more so as a Pro Se' litigant filing from Camp Cupcake.

That said, I don't care...While the NRA and other "Gun Rights" orgs demand the Government enforce all of the criminally unlawful Fed gun acts on the books, me...I am going to strike at the giants feet of clay to press for their vacation.

With you or without, it does not matter to me. Never did, as most folks in the NRA community seem only interested in this slack-jawed waste of resources promoted by the '34 group. There is an ancient Latin Legal maxim that Jefferies; Holbrook; et al would appear to have abandoned:

" Abuse ad usum non valet consquertia" Or any preconceived notions about something will be used by one based on its abuse by another is an invalid conclusion. It would seem our eteemed counselors have fell face down prostrate in their zeal to accept the Constitutionally repugnant fad of Constitutional rights, rights that may or may not exist.

I have always recognized our Constitutional Rights as Fundamental...any doctrine allowing Indebiti Solutio prohibitions upon the civil rights of Any Class of American Citizen Can Not Stand. Our Constitution is not a libera Lex, it is the Law of Every Citizen regardless of sex, regardless of race, of who they do or do not look to as the creator, and yes regardless of any previous condition of servitude.

Thew Constitution is not about Strictures against our people, rather it defines the boundaries of central authority. (For those who wish to drop a note: He can accept up to six PAPER back books no hard cover and they must be in an envelope and marked "Bureau Approved")

Charles Bishop..AKA Artemis

05854-059

PO Box 1000

Duluth MN, 55814


13 posted on 08/10/2003 12:15:03 PM PDT by archy (Keep in mind that the milk of human kindness comes from a beast that is both cannibal and a vampire.)
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To: Ursus arctos horribilis; wysiwyg
This was on another website and a poster explained going to jail was unnecessary. All that's needed is to send in the paperwork without the 200 dollars. When the Class III is refused, a court case can be filed.

We don't need another case filed because there are two already. One, challenging the California Assault Weapons Ban and the other, challenging the Washington D.C. ban.

The problem faced with these court cases is they're filed before this administration has a chance to replace the 5 to 4 lib majority that stands now.

14 posted on 08/10/2003 12:16:10 PM PDT by Shooter 2.5 (Don't punch holes in the lifeboat.)
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To: Shooter 2.5
Thanks for the article. I had heard rumors of a guy who demanded to be arrested on Federal charges for making a machine gun but I didn't know who he was.

See also post #13.

-archy-/-

15 posted on 08/10/2003 12:17:01 PM PDT by archy (Keep in mind that the milk of human kindness comes from a beast that is both cannibal and a vampire.)
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To: archy
That must be Artemis from the Subguns website. A lot of people were wondering what happened to him.

I'm starting to sound like a voice in the wilderness in asking that everyone should have waited for a 5 to 4 conservative court.
16 posted on 08/10/2003 12:25:09 PM PDT by Shooter 2.5 (Don't punch holes in the lifeboat.)
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To: archy
Didn't SCOTUS already throw out part of the 68 GCA?

L

17 posted on 08/10/2003 12:26:11 PM PDT by Lurker (A 'moderate' Arab is one who carries a grudge for less than 8 generations.)
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To: Shooter 2.5
That must be Artemis from the Subguns website. A lot of people were wondering what happened to him.

Yep. Also from the FALFILES and Gunpoint website, now undergoing rennovation.

18 posted on 08/10/2003 12:42:19 PM PDT by archy (Keep in mind that the milk of human kindness comes from a beast that is both cannibal and a vampire.)
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To: Deadeye Division
"But to gun-rights advocates, the amendment means anyone has the right to a gun - whether they’re in a militia or not.

Considering every able-bodied male (and that would likely now be interpreted to include females) is in The Militia, it's kind of hard not to be in a militia.....

19 posted on 08/10/2003 4:09:14 PM PDT by SW6906
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To: Joe Brower
Thanks for the ping.

He's a gutsy guy.
20 posted on 08/10/2003 4:33:39 PM PDT by Badray (Molon Labe!)
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