-Caveat Lector- HREF="http://www.subguns.com/forums/wwwgunrelated/messages/6890.html">http://w > ww.subguns.com/forums/wwwgunrelated/messages/6890.html</A> > > The Flackrabbits have struck in Providence, RI: United States District Court > Case Number 99-353T "Traudt vs. Town of North Providence et.al."... > > Posted by Scott Traudt on July 22, 1999 at 13:20:23: > > Gun buybacks are going the way of AM radio next week, folks, served up to > like room service courtesy of the Flackrabbits and their friends... > > Here�s the whole nine yards and the kitchen sink... > > You boys and girls ought to get a kick out of seeing Rep. Patrick Kennedy > defend himself against charges of black marketing guns and violating the RICO > statutes... > > And NBC gets whacked, too... > > Enjoy, > > The Head Flackrabbit > >>>>>> > UNITED STATES DISTRICT COURT > DISTRICT OF RHODE ISLAND > SCOTT TRAUDT: > > Plaintiff, : > : > vs. : Civil Action # > : > TOWN OF NORTH PROVIDENCE, AGENTS JOHN DOES 1-4 OF THE UNITED STATES BUREAU OF > ALCOHOL, TOBACCO, AND FIREARMS, NATIONAL BROADCASTING CORPORATION AND ITS > AFFILIATE, WJAR-TV CHANNEL 10, EMPLOYEES JERRY AND JENNIFER DOES 1-4 OF > WJAR-TV CHANNEL 10, REPRESENTATIVE PATRICK KENNEDY, AND JAMES AND JOANNE DOES > 1-4, > > Defendants, > > COMPLAINT > > Plaintiff, Scott Traudt ("Traudt") brings this action for temporary > injunctive relief, permanent injunctive relief, nominal damages, compensatory > damages, and the costs of suit pursuant to 18 USCS 3, 18 USCS Section 4, 18 > USCS 921 ("The Gun Control Act of 1968" and "The National Firearms Act of > 1934"), 18 USCS 922 ("The Brady Act of 1994"), 18 USCS 1961 ("The Racketeer > Influenced Corrupt Organization Act"), 42 USCS 1983 ("The Civil Rights Act of > 1871"), 47 USCS 303 and 309 ("Telegraphs, Telephones, and Radiotelegraphs") > and, via the assertion of pendent Rhode Island State Law claims pursuant to > Title 11-47 of the Rhode Island General Laws. Common Law claims are also > asserted. > > The Parties > > 1. Plaintiff Traudt is a citizen of the United States of America who did not > come by his citizenship pursuant to the 16th Amendment to the United States > Constitution. Traudt is a citizen of the State of Rhode Island and Providence > Plantations ("Rhode Island"). Traudt is a resident of the City of Warwick, > Rhode Island. > > 2. Defendant Town of North Providence, 2000 Smith St., North Providence, RI > 02911, is a municipality sued pursuant to Title 45 of the Rhode Island > General Laws. > > 3. Defendant John Does 1-4 of the Bureau of Alcohol, Tobacco, and Firearms, > 380 Westminister Mall, Providence, RI 02903, are sued in their official > capacities as being those agents of the United States Government who had a > duty to act to prevent the violations of federal law to be summarized in the > following, who omitted to act, and who are those individuals Traudt is under > obligation of the federal duty elucidated in 18 USCS Sections 3 and 4 to make > judicial notice of in the misprision of a felony(s). > > 4. Defendants Jerry and Jennifer Does 1-4 are as yet unknown employees of > the federally regulated (pursuant to the Federal Communications Commission) > and federally licensed television station WJAR-TV 10 operating out of > transmission sites in Cranston and Providence, Rhode Island, and who are > conducting interstate commerce across state lines via the "internet," > (commonly called "the web"), and who are conducting such business activities > through an as yet unknown internet service provider ("ISP"). WJAR-TV is an > affiliate of a New York Station, defendant National Broadcasting Corporation > ("NBC"), 30 Rockefeller Center, NY, NY 10112. > > 5. Representative Patrick Kennedy ("Kennedy"), 286 Main St., Providence, RI > 02860, is a United States Congressman representing the 1st Congressional > District of Rhode Island. Kennedy is sued here in his official capacity. > > 6. Defendants James and Joanne Does 1-4 are staffers of Kennedy and are sued > in their official capacities as federal employees. > > 7. Defendant NBC is a New York corporation. > > Jurisdiction > > 8. The violations of federal and state laws alleged by Traudt took place in > Rhode Island, and will take place in Rhode Island, on or about July 31st and > at dates as yet uncertain prior to July 31st. > > The acts and omissions to act by defendants require immediate local federal > remedy. NBC is a New York corporation sued because of violations of federal > and state law and also because of its status as an out-of-state legal entity. > > Venue > > 9. There is only one United States District Court for the District of Rhode > Island. There are no alternatives for Traudt, who is compelled pursuant to 18 > USCS 3 and 4 to make judicial notice of the misprision of a felony occurring > in his presence or to which he has knowledge before the fact, and that he has > knowledge after the fact. > > Facts > > 10. On or about July 31st, 1999, defendants are seeking to hold an event > entitled a "gun buyback." At this event, which is being run under the > authority and management of uniformed, armed police officers of the Town of > North Providence, firearms subject to regulation under various federal and > state laws are to be surrendered by individuals in return for the payment of > $25 in cash or gift certificates. > > 11. Federal firearms regulations are listed in the Code of Federal > Regulations (CFRs) in title 27. > > 12. The Town of North Providence does not hold a Federal Firearms license > pursuant to 27 CFR 178.21. > > 13. The Town of North Providence will not be doing background checks and > criminal records checks on individuals as mandated by federal law, nor will > they be doing the required NICS computer felony check as required by "The > Brady Act." > > 14. The Town of North Providence will not be filling out, nor keeping records > form 4473 "yellow sheets" as required under federal law 27 CFR 178.124. > > 15. The Town of North Providence will engage in the transport of stolen > weapons in violation of 27 USCS 33. > > 16. The Town of North Providence will, by and through its armed, uniformed > police officers, commit de facto larceny of a firearm in violation of 27 CFR > 178.33(a) by failing to return stolen weapons to their rightful owners. > > 17. The Town of North Providence will take possession and maintain ownership > and control of automatic weapons in violation of "The National Firearms Act > of 1934."("NFA"). > > 18. The Town of North Providence will fail to make a $200 payment to the > government of the United States of America for each weapon so regulated under > the NFA and surrendered for monetary compensation to the Town of North > Providence, in violation of 27 CFR 178.81. > > 19. The Town of North Providence will take possession of automatic weapons > made illegal by their manufacture after May 19, 1986 pursuant to 27 CFR > 178.36. > > 20. The Town of North Providence is engaging in the conduct of a firearms > enterprise as defined by 27 CFR 178.41 and in violations of same CFR. > > 21. The Town of North Providence is knowingly and recklessly disregarding the > record keeping requirements of 27 CFR 178.121 and in particular the > guidelines of section 922(m) in that it is knowingly making non-entries > regarding its firearms purchases. > > 22. The Town of North Providence is knowingly failing to make positive > identification of all sellers of a firearm to itself pursuant to 27 CFR > 179.63. > > 23. The Town of North Providence is knowingly failing to identify each and > every armed and uniformed member of its police department taking possession > of weapons regulated under the NFA, Brady, GCA 1968, the CFRs, and Rhode > Island Law. > > 24. The Town of North Providence is failing to complete a federal "Form 5" as > defined by 27 CFR 179.90 in the purchase of firearms. > > 25. The Town of North Providence is violating the record keeping provisions > of 27 CFR 179.131. > > 26. The Town of North Providence is in complete violation of 27 CFR 178.124 > in that it cannot dispose of a firearm without completing a federal form 4473 > form for each such weapon. > > 27. Defendants Town of North Providence, defendants Kennedy, defendants Jerry > and Jennifer Does 1-4, defendants James and Joanne Does 1-4, defendants John > Does 1-4, and defendants NBC and WJAR constitute a criminal conspiracy as > defined by the Racketeer Influenced Corrupt Organization Act (18 USCS 1 et. > seq.) in that, by incorporating all of the Facts Numbers 9 through 26 et. > al., they obstructed federal criminal investigations (Section 1510) and state > and local criminal investigations (Section 1511) by virtue of Facts 30, and > 31-35, which are here incorporated by reference. > > 28. Defendant Town of North Providence will destroy evidence of crimes for > which there is federal punishment. Defendants Jerry, John, Jennifer, and > Joanne, and Kennedy all have knowingly and willingly participated and > facilitated the aforesaid acts and will continue to do so on or about July > 31st. > > 29. Pursuant to 18 USCS 4, Traudt is making judicial notice of these acts. > > 30. Defendants Town of North Providence and defendants Jerry, John, Jennifer, > and Joanne Does 1-4, and Kennedy all have knowingly and willingly > participated in the larceny of weapons regulated under federal and state law > (11-47-22) and the destruction of personal property made illegal by 11-47-22. > > 31. Defendants Town of North Providence and defendants Jerry, John, Jennifer, > and Joanne Does 1-4, and Kennedy all have knowingly encouraged individuals to > commit felonies in violation of RIGL 11-47-5 in that they have facilitated > the intrastate transport of firearms by convicted felons. > > 32. Defendants Town of North Providence and defendants Jerry, John, Jennifer, > and Joanne Does 1-4, and Kennedy all have knowingly facilitated the larceny > of firearms by creating and facilitating a conspiracy to avoid federal and > state firearms laws regarding the larceny of firearms and the return of > stolen firearms to their rightful owners, who have a state and Common Law > property interest in such weapons. Such actions are violative of RIGL > 11-47-5.1 and 11-47-22. > > 33. Defendants Town of North Providence and defendants Jerry, John, Jennifer, > and Joanne Does 1-4, and Kennedy all have knowingly facilitated the > intrastate transport of firearms in violation of 11-47-10 and 11-47-11 in > that transport of firearms is illegal in Rhode Island to anywhere but one�s > business, a bona fide gun range, or a licensed gun dealer subject to 27 CFR > et. seq. > > 34. Defendants Town of North Providence and defendants Jerry, John, Jennifer, > and Joanne Does 1-4, and Kennedy all have knowingly facilitated violations of > 11-47-35 and 11-47-35.2 in that there is a 7 day waiting period for the > transfer of firearms in the state of Rhode Island. > > 35. Defendant Town of North Providence is in violation of RIGL 11-47-58 in > that it has violated the state pre-emption regarding the regulation of > firearms. North Providence has no statutory right to create and maintain > firearms regulations or enforcement actions in contravention of state law. > > 36. Defendants NBC and WJAR and defendants Jerry and Jennifer Does 1-4 have > knowingly violated federal and state laws regarding the creation and > continuance of a criminal enterprise as defined by RICO and in contravention > of the Federal Communications Commission laws regarding the conduct of > federal broadcast license holders. > > 37. Defendants NBC and WJAR and John and Jane Does 1-4 have used interstate > commerce via the internet to aid and assist a criminal conspiracy in > violation of the aforementioned federal and state laws. In summary, they have > aided and abetted the destruction of firearms, the larceny of firearms, the > intrastate transport of firearms, the violation of numerous federal and state > gun control laws, and the obstruction of criminal investigations pursuant to > 18 USCS 1510 and 1511. > > 38. Defendants NBC and WJAR has violated FCC rules. > > 39. Defendant Kennedy has knowingly, pursuant to 18 UCSC 1510 and 1511, > organized and maintained the aforementioned criminal conspiracy in concert > with the other named defendants. He has also violated 18 USCS 4 ("Misprision > of a felony") in that he had knowledge of the commission of a felony. > > 40. The Town of North Providence�s agents and armed, uniformed police > officers have, and will continue to have, knowledge of the actual commission > of a felony in violation of 18 USCS 4. Being armed in the commission of a > felony is in itself a felony pursuant to 18 USCS 921. > > 41. Defendants NBC and WJAR has knowledge of the actual commission of a > felony in violation of 18 USCS 4. > > 42. Defendants John and Jane Does 1-4 have actual knowledge of the commission > of a felony in violation of 18 USCS 4. > > 43. Defendants BATF agents John Does 1-4 have, and continue to have, > knowledge of the commission of multiple felonies at prior buybacks in > violation of 18 USCS 4. > > 44. Defendants BATF agents John Does 1-4 have actual knowledge of the > commission of the felony theft of firearms by uniformed, armed police > officers at prior buybacks in the state of Rhode Island, in violation of 18 > USCS 4. > > 45. Defendants BATF agents John Does 1-4 refuse to take enforcement action > against the other defendants under the terms of their employment by the > government of the United States of America and in violation of their oath of > office and in contravention of the GCA 1968, the Brady Law, the NFA, and the > RICO Act. > > 46. Plaintiff Traudt has suffered the violation of civil rights pursuant to > 42 USCS 1983, in that his civil rights as guaranteed by the Constitution of > the United States of America, have been violated under color of federal law, > state law, and usage by BATF agents James and Joanne Does 1-4, and by the > Town of North Providence, and by defendant Kennedy. > > 47. Defendant NBC knew, or should have known, that the actions of its > employees in Rhode Island violated federal and state laws, and as such is > violative of 18 USCS 3 in that it had knowledge of past prior acts and the > commission of felonies by defendants Jane and John Does 1-4. > > 48. Defendant NBC holds a broadcast license from the Federal Communications > Commission under the rules stipulated in 47 USCS 303 and 309, and must use > its license in the furtherance of the "public interest" or risk suspension of > its license. NBC, through its affiliate WJAR-TV, is not acting in the "public > interest" when it knowingly participates in the destruction of criminal > evidence, the creation of an unregulated black market in firearms, the > hindrance of criminal investigations, the interstate transport in automatic > weapons, the larceny of firearms, the destruction of Rhode Islanders� > personal property, and the participation in organized criminal activities > made illegal under 18 USCS 1510 and 1511. > > 49. Defendant NBC had, based on in-house investigative resources, superior > knowledge that the Providence Police Department (here not named as a > defendant) had not properly disposed of firearms at the last WJAR/NBC buyback > in Providence, RI, and had super knowledge that corruption in the Providence > Police Department was widespread, yet still facilitated a gun buyback where > firearms were surrendered to these same armed, uniform personnel largely > responsible for their own crime wave in Providence, and the subject of > numerous investigations. > > 50. It is a fact that weapons from the last buyback in Providence were sold > by Providence Police officers in Coventry, RI. > > 51. It is a fact that at prior buybacks municipalities in this state have > violated the same laws cited above > > Plea for Relief > > 52. Traudt hereby request temporary injunctive relief from this court in the > form of an order barring the July 31st gun buyback from taking place. > > 53. Traudt hereby requests permanent injunctive relief barring any further > gun buybacks from taking places in this state. > > 54. Traudt hereby requests reasonable attorney�s fees in his pro se capacity. > > 55. Traudt seeks compensate damages from the defendants. > > 56. Traudt seeks the suspension of the FCC broadcast license of WJAR-TV for > its numerous and repeated participation in the aforementioned criminal acts. > > JURY TRIAL > Plaintiff a jury trial for issues so triable. Plaintiff seeks injunctive > relief where deemed appropriate by the court. > Pro se, > > _____________________ > Scott Traudt > 3595 Post Road > A-22-204 > Warwick, RI 02886 > 401-734-9896 > > Dated: July 22, 1999. > > ------------------------------------------------------------------------ > > eGroups.com home: http://www.egroups.com/group/thepentagonguru > http://www.egroups.com - Simplifying group communications DECLARATION & DISCLAIMER ========== CTRL is a discussion and informational exchange list. 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