Re: US Finally Kills The 2nd Ammendment

2004-01-14 Thread Major Variola (ret)
At 01:28 PM 1/13/04 -0800, Steve Schear wrote:
It would seem that once GNURadio comes to fruition that many devices,
including those the FCC would like to regulate, could be built from its

generic, non-video, architecture.  In that case, wouldn't FCC mandates
applied to end-users (since end users will be the only ones who will
configure the SW, FW and HW for an application the FCC would like to
regulate, be a 3rd Amend. issue?

The FCC could consider the GNUser to be a manufacturer, just like
the ATF does if you change the sear on your semiauto rifle or trim the
stock and barrel too much..

While they don't have the black flak jacket penache of the ATF thugs,
the FCC does enforce things if you play on the wrong bands.
Reception, of course, is a little harder to monitor :-)



Re: US Finally Kills The 2nd Ammendment

2004-01-13 Thread Steve Furlong
On Mon, 2004-01-12 at 15:48, Tim May wrote:

 (Though of course this is only the _theory_. The fact that all of the 
 Bill of Rights, except perhaps the Third, have been violated by the 
 Evildoers in government is well-known.)

A few years ago I wrote a short paper looking at government-installed
snoopware in terms of the 3rd A. Given that the other BoR amendments
have been broadly interpreted in light of new technology, it's
reasonable to view software as soldiers. In light of the Scarfo case
(keyboard sniffer software installed in a black-bag operation, ca. 1990)
I'd argue that the Fedz have violated the 3rd A. (My paper was before
Scarfo, so I claim some prescience. Alas.)

SRF




Re: US Finally Kills The 2nd Ammendment

2004-01-13 Thread Tim May
On Jan 12, 2004, at 7:46 PM, Steve Furlong wrote:

On Mon, 2004-01-12 at 15:48, Tim May wrote:

(Though of course this is only the _theory_. The fact that all of the
Bill of Rights, except perhaps the Third, have been violated by the
Evildoers in government is well-known.)
A few years ago I wrote a short paper looking at government-installed
snoopware in terms of the 3rd A. Given that the other BoR amendments
have been broadly interpreted in light of new technology, it's
reasonable to view software as soldiers. In light of the Scarfo case
(keyboard sniffer software installed in a black-bag operation, ca. 
1990)
I'd argue that the Fedz have violated the 3rd A. (My paper was before
Scarfo, so I claim some prescience. Alas.)

During the Carnivore debate, I argued that mandatory placement of 
computer agents in systems was equivalent to quartering troops:

 http://www.mail-archive.com/[EMAIL PROTECTED]/msg03198.html

The Third Amendment, about
quartering troops, is seldom-applied.
But if I own a computer and I rent out accounts to others and the FBI
comes to me and says We are putting a Carnivore computer in your
place, how else can this be interpreted _except_ as a violation of
the Third?
This was from July, 2000. I believe it also came up in earlier 
discussions, including in a panel I was on with Michael Froomkin at a 
CFP in 1995.

--Tim May



Re: US Finally Kills The 2nd Ammendment

2004-01-13 Thread Steve Schear
At 11:23 PM 1/12/2004, Tim May wrote:

During the Carnivore debate, I argued that mandatory placement of computer 
agents in systems was equivalent to quartering troops:

 http://www.mail-archive.com/[EMAIL PROTECTED]/msg03198.html

The Third Amendment, about
quartering troops, is seldom-applied.
But if I own a computer and I rent out accounts to others and the FBI
comes to me and says We are putting a Carnivore computer in your
place, how else can this be interpreted _except_ as a violation of
the Third?
This was from July, 2000. I believe it also came up in earlier 
discussions, including in a panel I was on with Michael Froomkin at a CFP 
in 1995.
I could assume this also applies to the the TCPS (if it is ever required) 
and FCC's new mandate that DTV video devices sold in the U.S. after 
December 31, 2004 include a 'cop' inside to enforce compliance with the 
broadcast flag.

steve 



Re: US Finally Kills The 2nd Ammendment

2004-01-13 Thread Tim May
On Jan 13, 2004, at 8:41 AM, Steve Schear wrote:

At 11:23 PM 1/12/2004, Tim May wrote:

During the Carnivore debate, I argued that mandatory placement of 
computer agents in systems was equivalent to quartering troops:

 http://www.mail-archive.com/[EMAIL PROTECTED]/msg03198.html

The Third Amendment, about
quartering troops, is seldom-applied.
But if I own a computer and I rent out accounts to others and the FBI
comes to me and says We are putting a Carnivore computer in your
place, how else can this be interpreted _except_ as a violation of
the Third?
This was from July, 2000. I believe it also came up in earlier 
discussions, including in a panel I was on with Michael Froomkin at a 
CFP in 1995.
I could assume this also applies to the the TCPS (if it is ever 
required) and FCC's new mandate that DTV video devices sold in the 
U.S. after December 31, 2004 include a 'cop' inside to enforce 
compliance with the broadcast flag.
In its purest form, I think not.

If Alice is told that she must place some device in something she owns, 
which was the example with Carnivore, then the Third applies (she has 
been told to quarter troops, abstractly, in her home).

If, however, Bob is told that in order to build television sets or VCRs 
he must include various noise suppression devices, as he must, or 
closed-captioning features, as he must, or the V-chip (as I believe he 
must, though I never hear of it being talked about, as we all figured 
would be the case), or the Macrovision devices (as may  be the case), 
then this is a matter of regulation of those devices. Whether Alice 
then _chooses_ to buy such devices with troops already living in 
them, abstractly speaking, is her choice.

Now the manufacturer may have a claim, but government regulation of 
manufacturers has been going on for a very long time, and unless a 
manufacturer can claim that the devices must be in his own home or 
operated in his premises, he cannot make a very strong case that _he_ 
is the one being affected by the quartering.

The pure form of the Third (in this abstract sense) is when government 
knocks on one's door and says Here is something you must put inside 
your house.

By the way, there have been a bunch of cases where residents of a 
neighborhood were ordered to leave so that SWAT teams could be in their 
houses to monitor a nearby house where a hostage situation had 
developed. (It is possible that in each house they occupied they 
received uncoerced permission to occupy the houses, but I don't think 
this was always the case; however, I can't cite a concrete case of 
this. Maybe Lexis has one.)

If this takeover of houses to launch a raid is not a black letter law 
case of the government quartering troops in residences, nothing is. 
Exigent circumstance, perhaps, but so was King George's need to quarter 
his troops.

--Tim May
Guard with jealous attention the public liberty. Suspect everyone who 
approaches that jewel. Unfortunately, nothing will preserve it but 
downright force. Whenever you give up that force, you are ruined. 
--Patrick Henry



Re: US Finally Kills The 2nd Ammendment

2004-01-13 Thread Declan McCullagh
On Mon, Jan 12, 2004 at 12:55:18PM -0600, bgt wrote:
 This has probably been mentioned here before, but another interesting
 approach is what justicefiles.org used to do (I'm not sure what
 the status of the site is, it seems to be down now). 

I believe the fellow who put up the site took it down in the last
year, according to his lawyer, saying the purpose was served. I'm
guessing he was probably tired of dealing with all the threats
from cops as well.

-Declan



Re: US Finally Kills The 2nd Ammendment

2004-01-13 Thread Steve Schear
At 10:48 AM 1/13/2004, Tim May wrote:
On Jan 13, 2004, at 8:41 AM, Steve Schear wrote:

This was from July, 2000. I believe it also came up in earlier 
discussions, including in a panel I was on with Michael Froomkin at a 
CFP in 1995.
I could assume this also applies to the the TCPS (if it is ever required) 
and FCC's new mandate that DTV video devices sold in the U.S. after 
December 31, 2004 include a 'cop' inside to enforce compliance with the 
broadcast flag.
In its purest form, I think not.

If Alice is told that she must place some device in something she owns, 
which was the example with Carnivore, then the Third applies (she has been 
told to quarter troops, abstractly, in her home).

If, however, Bob is told that in order to build television sets or VCRs he 
must include various noise suppression devices, as he must, or 
closed-captioning features, as he must, or the V-chip (as I believe he 
must, though I never hear of it being talked about, as we all figured 
would be the case), or the Macrovision devices (as may  be the case), then 
this is a matter of regulation of those devices. Whether Alice then 
_chooses_ to buy such devices with troops already living in them, 
abstractly speaking, is her choice.

Now the manufacturer may have a claim, but government regulation of 
manufacturers has been going on for a very long time, and unless a 
manufacturer can claim that the devices must be in his own home or 
operated in his premises, he cannot make a very strong case that _he_ is 
the one being affected by the quartering.
It would seem that once GNURadio comes to fruition that many devices, 
including those the FCC would like to regulate, could be built from its 
generic, non-video, architecture.  In that case, wouldn't FCC mandates 
applied to end-users (since end users will be the only ones who will 
configure the SW, FW and HW for an application the FCC would like to 
regulate, be a 3rd Amend. issue?

steve 



Re: US Finally Kills The 2nd Ammendment

2004-01-12 Thread Steve Furlong
On Mon, 2004-01-12 at 02:07, Tim May wrote:

 Read up on the Lawson case in San Diego.

Tim is referring to Edward Lawson, arrested repeatedly and convicted
once in the late 1970s for walking around without ID. The appeal made it
to the Supreme Court, as Kolender v Lawson, 461 US 352 (1983). Lawson's
conviction was overturned on grounds that the identify yourself law
was too vague. Not surprisingly, Justice Actual Innocence Rehnquist
felt that the law was good and Lawson's conviction was righteous.

The opinion, with some introductory material, can be found at
http://usff.com/hldl/courtcases/kolendervlawson.html

A web page discussing this case in relation to a national ID card is
http://www-rohan.sdsu.edu/dept/polsciwb/page5.htm




Re: US Finally Kills The 2nd Ammendment

2004-01-12 Thread Nostradumbass
At 03:20 PM 1/11/2004, Jamie Lawrence wrote:
A client/friend recently spent 9 hours in jail for failure to carry a
wallet. He was doing something mildly suspicious, but not illegal. NYC
has a very entrenched industry dealing with processing people the cops
pick up. This has only gotten worse since Bloomberg and his quality of
life racket. Breathing Without ID is essentially a crime that costs a
day of your life, not less than ~$200, and a lot of humiliation. I
thought the San Francisco cops were bad, before I moved here. (My
friend was even told by the cops what to expect, and how best to optimize 
for getting out quickly. Kafka would have trouble doing better.)

There was a mildly publicized incident in another part of Brooklyn
recently where someone was ticketed after their child's balloon popped
in public. A noise infraction. Quality of live, indeed.  There are no 
quotas, but if you don't meet them, you're on report.

This is one of the 'applications' for Zombie Patriots.  Set up those practicing 
tyranny under color of the law for a quick trip to the coroner.  Bring the fun of 
Hammas to New York.

How we burned in the prison camps later thinking: What would things have been like if 
every security operative, when he went out at night to make an arrest, had been 
uncertain whether he would return alive? --Alexander Solzhenitzyn, Gulag Archipelago



Re: US Finally Kills The 2nd Ammendment

2004-01-12 Thread Tim May
On Jan 11, 2004, at 11:33 PM, Steve Furlong wrote:

On Mon, 2004-01-12 at 02:07, Tim May wrote:

Read up on the Lawson case in San Diego.
Tim is referring to Edward Lawson, arrested repeatedly and convicted
once in the late 1970s for walking around without ID. The appeal made 
it
to the Supreme Court, as Kolender v Lawson, 461 US 352 (1983). Lawson's
conviction was overturned on grounds that the identify yourself law
was too vague. Not surprisingly, Justice Actual Innocence Rehnquist
felt that the law was good and Lawson's conviction was righteous.

The opinion, with some introductory material, can be found at
http://usff.com/hldl/courtcases/kolendervlawson.html
A web page discussing this case in relation to a national ID card is
http://www-rohan.sdsu.edu/dept/polsciwb/page5.htm
And vast amounts of misinformation are constantly being spread by the 
popular press, and in popular television shows, and in movies. One of 
the most popular t.v. shows, the oxymoronically named Law and Order, 
almost weekly shows someone being told that if he doesn't help the 
police his restaurant will be shut down for a week while city health 
inspectors use a microscope on it. Another meme that is false is spread 
by NYPD Blue, Law and Order, and the Fox show that used to be on: 
Cops (not sure if it still is). Namely, that Fifth Amendment rights 
against compelled self-incrimination only apply after an actual arrest 
(You haven't been arrested yet, so let's not hear about how you can 
remain silent.), or after an attorney has arrived (He lawyered up.)

The right not to be compelled to provide potentially incriminating 
evidence is a broad one, deeply enmeshed in our Bill of Rights. Even 
someone suspected of a crime, even a very serious crime, is under no 
compulsion to talk to the police, whether or not he has a lawyer 
present.

There are regrettable exceptions, such as in our pre-constitutional 
(my view of it) grand jury system, where people can be told to tell all 
they know. Sometimes they get various types of immunity, often the 
claim is that their grand jury testimony will not be used to convict 
them (if they not ostensibly the principals in the crime!), and so on. 
But the fact is that grand jury testimony is often compelled 
self-incrimination.

(And one of the ways the Feds have been getting people they can't get 
in other, more direct, ways is to interview parties in a case and then 
find some subtle contradiction. Then the charge is lying to a federal 
employee (or somesuch...maybe the language is lying in an official 
investigation, to distinguish it from lying to your neighbor the GS-12 
midlevel employee at NASA).

What I've done in several cases where I was stopped by cops is to SAY 
NOTHING. In the Stanford case, I told them I would not be giving them 
either my name or telling them what my business was that day at 
Stanford: it was not their business and I saw no reason to satisfy 
their  curiosity.  In a couple of cases in Santa Cruz, cops have asked 
me my name and asked why i was in a particular area. I told them I 
would be answering no questions.

In none of these cases was I arrested, booked, or charged.

I would, and have, answer questions if I knew there was no conceivable 
way I could become a person of interest in a case. I have answered 
police questions in some crimes I have had knowledge of (and wished to 
see the guilty parties dealt with...I would not lightly aid in a drug 
case, though.

And if one is committing no crime, answering a nosy cop's questions is 
neither required by my reading of the Constitution nor is healthy. (In 
the Stanford case, had I given them my name and/or ID, my name would 
have appeared in a report about threats to the President, and our 
resolution of the case--the SS version of quotas for traffic tickets.

(When one cop blurted out to me that he had seen me planting a bomb 
near the route Clinton would pass by, I _was_ tempted to say I demand 
a lawyer!, just so they'd arrest me, etc. But I didn't, which is 
probably good, as I might have spent a few nights in jail...and felt 
the requirement to stalk the arresting officers and use a sniper rifle 
on one or more of them.)

We are certainly entering a police state era. Interesting that so many 
Jews are so strongly behind the fascist measures...Jews like 
Swinestein, Boxer, Lieberman, and hundreds of others. But, as in the 
ZOG state, the true heirs of the Third Reich are today's Jews...it 
would make a good Outer Limits episode, except the modern OL was 
thoroughly leftist, anti-gun, pro-ZOG, and had several episodes 
involving SS camp guards reincarnated as camp residents, and 
variations. So having the SS reincarnated in the ZOG state would not 
have fit their Zionist biases.

What the Jews think of Goyim is covered in the quotes from the Talmud, 
below.

--Tim May

#1. Sanhedrin 59a: Murdering Goyim (Gentiles) is like killing a wild 
animal.
#2. Aboda Sarah 37a: A Gentile girl who is three years old can be 

Re: US Finally Kills The 2nd Ammendment

2004-01-12 Thread bgt
On Mon, 2004-01-12 at 01:26, Tim May wrote:
  Have you done this since 9/11?  I know that in my [red]neck of the  
  woods, I
  would without question be spending a few days in the system for this.
 
 That's what sniper rifles with low light scopes are for: kill one or  
 both or all of the cops who arrested you in this way. Cops who abuse  
 the criminal system and violate constitutional rights blatantly have  
 earned killing.

This has probably been mentioned here before, but another interesting
approach is what justicefiles.org used to do (I'm not sure what
the status of the site is, it seems to be down now). 

They collected the names of police officers (particularly ones
known to be abusive of their authority) in King County, WA and
published that + all public information they could find on them
(including SSN's, addresses, phone numbers, etc).  

Of course the police tried to take the site down but the court
upheld the site's right to publish any publicly available 
information about the cops (I believe they excepted the SSN's).

--bgt



Re: US Finally Kills The 2nd Ammendment

2004-01-12 Thread Tim May
On Jan 12, 2004, at 10:40 AM, bgt wrote:

On Mon, 2004-01-12 at 01:07, Tim May wrote:
On Jan 11, 2004, at 2:12 PM, bgt wrote:

On Sun, 2004-01-11 at 13:57, Tim May wrote:
I don't know if he did, but of course there is no requirement in the
U.S. that citizen-units either carry or present ID. Unless they are
driving a car or operating a few selected classes of heavy 
machinery.
Many states do have laws allowing the police to detain a person for
a period of time (varies by state) to ascertain the identity of that
person, if they have reasonable suspicion that they are involved in a
a crime.
Duh. Yes, arrests are allowed, and have been in all states and in 
all
Perhaps I wasn't very clear. That is (in many states, probably
not all), a cop may stop (detain) someone on reasonable suspicion,
but it would still be illegal to arrest the person (since this would
require probably cause).
This has come up various times on the Net. I'm not a lawyer, but I take 
arrest to mean not free to move on. As in a state of arrest 
(cognate to rest), arrested motion, arrested development. Hence the 
common question: Am I under arrest?, with the follow-up: If not, 
then I'll be on my way.

Arrest is not the same thing as being booked, of course. Many who are 
arrested are never booked. Arrest, to this nonlawyer, is when a cop 
tells me I am not free to move as I wish, that he will handcuff me or 
worse if I try to move away from him.

I expect our millions of lawyers and hundreds of billions of court 
hours have produced a range of definitions, from the cop wants to know 
why you're reading a particular magazine, and will cuff you if you give 
him any lip to all black men within a 5 block radius are being 
detained for questioning, but are not under formal arrest to you're 
under arrest, put your hands behind your back to shooting first and 
Mirandizing the corpse.

I am under arrest if I am in an arrested state of movement, that is, 
not free to move as I wish.


 In these states, at this point the person
is required by law to identify himself, and in some states even to
provide proof of identification.  If the person cannot or will not do
this, it is legal in those states (though as we know, blatantly
unconstitutional) to further detain or even arrest the person until
their identity can be determined.
Again, people need to read up on the Lawson case. And absent an 
internal travel passport, there is no requirement to carry ID. That 
some states haven't heard about the Lawson case, or the Fourth 
Amendment, is no excuse.

You must mean /mandatory/ state ID.  Every state I've lived in have
State ID's that are (voluntarily) issued to residents that can't get
or don't want a driver's license.  All of these states grant their ID
the same status as a driver's license for identification purposes
(anywhere that accepts driver's license as valid ID must also accept
the state ID).
As I said, there is no requirement to carry ID except when doing 
certain things (like driving). Whether some or most states will issue 
licenses to those who don't or can't drive is irrelevant: they are not 
REQUIRED to be carried, so not having one cannot possibly be a crime.



Read up on the Lawson case in San Diego.
(Thanks Steve for the links).
I provided Lawson and San Diego. Plenty of stuff to find hundreds 
of discussions. I favor giving unique information sufficient in a 
Google search, not providing pre-digested search URLs.

--Tim May

We should not march into Baghdad. To occupy Iraq would
instantly shatter our coalition, turning the whole Arab
world against us and make a broken tyrant into a latter-
day Arab hero. Assigning young soldiers to a fruitless
hunt for a securely entrenched dictator and condemning
them to fight in what would be an unwinable urban guerilla
war, it could only plunge that part of the world into ever
greater instability.
--George H. W. Bush, A World Transformed, 1998


Re: US Finally Kills The 2nd Ammendment

2004-01-11 Thread Nostradumbass
At 03:20 PM 1/11/2004, Jamie Lawrence wrote:
A client/friend recently spent 9 hours in jail for failure to carry a
wallet. He was doing something mildly suspicious, but not illegal. NYC
has a very entrenched industry dealing with processing people the cops
pick up. This has only gotten worse since Bloomberg and his quality of
life racket. Breathing Without ID is essentially a crime that costs a
day of your life, not less than ~$200, and a lot of humiliation. I
thought the San Francisco cops were bad, before I moved here. (My
friend was even told by the cops what to expect, and how best to optimize 
for getting out quickly. Kafka would have trouble doing better.)

There was a mildly publicized incident in another part of Brooklyn
recently where someone was ticketed after their child's balloon popped
in public. A noise infraction. Quality of live, indeed.  There are no 
quotas, but if you don't meet them, you're on report.

This is one of the 'applications' for Zombie Patriots.  Set up those practicing 
tyranny under color of the law for a quick trip to the coroner.  Bring the fun of 
Hammas to New York.

How we burned in the prison camps later thinking: What would things have been like if 
every security operative, when he went out at night to make an arrest, had been 
uncertain whether he would return alive? --Alexander Solzhenitzyn, Gulag Archipelago



Re: US Finally Kills The 2nd Ammendment

2004-01-11 Thread J.A. Terranson

On Sat, 10 Jan 2004, Steve Furlong wrote:

 I've occasionally handed out pamphlets on jury nullification outside the
 local county courthouse. Never been arrested for it, but I've caught a
 raft of shit from cops.

Have you done this since 9/11?  I know that in my [red]neck of the woods, I
would without question be spending a few days in the system for this.
Interestingly, the first nullification pamphlet I ever received was from a
cop I know: he was also handing these out at one time (a lnggg time ago).
Not all LEAs are without clue, just the vast majority of them :-(

-- 
Yours,
J.A. Terranson
[EMAIL PROTECTED]

Unbridled nationalism, as distinguished from a sane and legitimate
patriotism, must give way to a wider loyalty, to the love of humanity as a
whole. Bah'u'llh's statement is: The earth is but one country, and mankind
its citizens.

The Promise of World Peace
http://www.us.bahai.org/interactive/pdaFiles/pwp.htm




Re: US Finally Kills The 2nd Ammendment

2004-01-11 Thread Steve Furlong
On Sun, 2004-01-11 at 14:18, Steve Schear wrote:

 Did you carry and present ID?

No. Once it was requested (strongly requested, just short of a demand
with threats), but when I demanded his justification he backed down. In
NY, at least at the time, citizens were not required to carry or present
ID, nor identify themselves on demand without cause. I believe that is
no longer the case.




Re: US Finally Kills The 2nd Ammendment

2004-01-11 Thread Steve Schear
At 06:53 PM 1/10/2004, Steve Furlong wrote:
On Sat, 2004-01-10 at 19:02, J.A. Terranson wrote:
 What good is a Jury when the judge can pick and choose which 
arguments and
 evidence you can provide in support of your case?

I've occasionally handed out pamphlets on jury nullification outside the
local county courthouse. Never been arrested for it, but I've caught a
raft of shit from cops. The cops were acting, presumably, under
direction from the judges or maybe the DA. Those guys just hate jurors
thinking for themselves, you know.
Did you carry and present ID?

steve 



Re: US Finally Kills The 2nd Ammendment

2004-01-11 Thread Tim May
On Jan 11, 2004, at 11:18 AM, Steve Schear wrote:

At 06:53 PM 1/10/2004, Steve Furlong wrote:
On Sat, 2004-01-10 at 19:02, J.A. Terranson wrote:
 What good is a Jury when the judge can pick and choose which 
arguments and
 evidence you can provide in support of your case?

I've occasionally handed out pamphlets on jury nullification outside 
the
local county courthouse. Never been arrested for it, but I've caught a
raft of shit from cops. The cops were acting, presumably, under
direction from the judges or maybe the DA. Those guys just hate jurors
thinking for themselves, you know.
Did you carry and present ID?

steve

I don't know if he did, but of course there is no requirement in the 
U.S. that citizen-units either carry or present ID. Unless they are 
driving a car or operating a few selected classes of heavy machinery.

When I was surrounded by some cops who accused me of planting a bomb to 
blow up Reichsminister Clinton and his family, I refuse to show them 
some ID. I also refused to let them look in my bag.

Despite their bluster, they had no grounds for their belief, no grounds 
for a Terry stop search of my papers, and no grounds to arrest me. So 
they neither searched my papers forcibly nor arrested me. They did, 
however, order me to leave the grounds of Stanford University, almost 
making me late for a talk before Margaret Rader's cyberspace law class, 
scheduled long, long before the First Fascist scheduled _his_ trip to 
Stanford.

--Tim May



Re: US Finally Kills The 2nd Ammendment

2004-01-11 Thread bgt
On Sun, 2004-01-11 at 13:57, Tim May wrote:
 I don't know if he did, but of course there is no requirement in the 
 U.S. that citizen-units either carry or present ID. Unless they are 
 driving a car or operating a few selected classes of heavy machinery.

Many states do have laws allowing the police to detain a person for
a period of time (varies by state) to ascertain the identity of that
person, if they have reasonable suspicion that they are involved in a
a crime.  

I'm not aware of any laws that specifically require a person to
actually carry ID, but when I was stopped in NV several years ago,
walking back to my home from a nearby grocery store at about 3am,
supposedly because a 7-11 nearby had just been robbed, I was told 
that if I did not present a valid state ID I would be arrested, 
taken to the precinct HQ, fingerprinted, and held until I could 
be positively ID'd.   

The constitutionality of these laws are being challenged. In 
Hiibel vs. NV, Hiibel refused 11 times to identify himself to 
police before he was arrested (illegal under NV statute).  The
NV Supreme Court has upheld the law, with a few dissents:

The dissent then pointed out that the Ninth Circuit federal appeals
court not only upholds the right to refuse to provide identification to
an officer before arrest, but has specifically found Nev. Rev. Stat. B'
171.123(3) unconstitutional under the Fourth Amendment. The dissent
opinion criticized the majority for reflexively reasoning that the
public interest in police safety outweighs Hiibel's interest in refusing
to identify himself, noting that no evidence exists that an officer is
safer for knowing a person's identity. What the majority fails to
recognize, the dissenting opinion continued, is that it is the
observable conduct, not the identity, of a person, upon which an officer
must legally rely when investigating crimes and enforcing the law.

The US Supreme Court has agreed to review and is scheduled to hear
arguments this year.  

http://www.epic.org/privacy/hiibel/default.html

--bgt



Re: US Finally Kills The 2nd Ammendment

2004-01-10 Thread Tim May
On Jan 9, 2004, at 10:17 PM, [EMAIL PROTECTED] wrote:
Its hard to square the Founder's purpose of providing the common 
citizen, through a militia (which a National Guard), with an effective 
physical deterrent to governmental tyranny with many restrictions on 
the type of weapons a citizen in good standing may keep and bear.  
Though allowing the guy next door to own a nuke or a F-15 may be going 
too far, its not unreasonable for any of us to keep and bear any arm 
that our police forces (including S.W.A.T. teams) field.


Where does this citizen in good standing stuff come from? I see it a 
lot from what I will call weak Second Amendment supporters. They talk 
about good citizens and law-abiding citizens as having Second 
Amendment rights.

If someone has been apprehended and convicted and imprisoned for a real 
crime, then of course various of their normal rights are no longer in 
forced. If, however, they are out of prison then all of their rights, 
including speech, religion, assembly, firearms, due process, security 
of their possessions and property, speedy trial, blah blah blah are of 
course in force.

As a felon, which I am, do I not have First Amendment rights? As a 
felon, and certainly not a citizen in good standing, have I lost my 
other rights?

To all who say Yes, including most of the Eurotrash collectivists 
here, I say your legacy shall be smoke. Tens of millions, perhaps 
billions, need to be sent up the chimneys.


--Tim May
The great object is that every man be armed and everyone who is able 
may have a gun. --Patrick Henry
The best we can hope for concerning the people at large is that they 
be properly armed. --Alexander Hamilton



Re: US Finally Kills The 2nd Ammendment

2004-01-10 Thread Steve Furlong
On Sat, 2004-01-10 at 19:02, J.A. Terranson wrote:
 What good is a Jury when the judge can pick and choose which arguments and
 evidence you can provide in support of your case?

I've occasionally handed out pamphlets on jury nullification outside the
local county courthouse. Never been arrested for it, but I've caught a
raft of shit from cops. The cops were acting, presumably, under
direction from the judges or maybe the DA. Those guys just hate jurors
thinking for themselves, you know.




Re: US Finally Kills The 2nd Ammendment

2004-01-10 Thread J.A. Terranson

On Fri, 9 Jan 2004, Greg Broiles wrote:

 At 08:59 AM 1/8/2004, [EMAIL PROTECTED] wrote:
 The great American experiment finally fizzled on December 1, 2003, when
 the US Supreme Court declined to hear an appeal from a 9th Federal Circuit
 decision which gutted the Second Amendment. It was a nice run - over two
 hundred years.
 
 As of December 1, 2003, the US Supreme Court issued its ruling, refusing
 to hear an appeal in the case of Silveira vs. Lockyer. That made Silveira
 the law of the land, you see.

 No, that's absolutely incorrect. Every conclusion you reach which depends
 on that flawed premise is suspect.

 Further appeals to Congress and the states are no longer a sure bet. The
 soap box and the ballot box have been throughly tried, is it now time to
 get out the ammo box?

 You're forgetting the jury box.

What good is a Jury when the judge can pick and choose which arguments and
evidence you can provide in support of your case?

 --
 Greg Broiles
 [EMAIL PROTECTED]

-- 
Yours,
J.A. Terranson
[EMAIL PROTECTED]

Unbridled nationalism, as distinguished from a sane and legitimate
patriotism, must give way to a wider loyalty, to the love of humanity as a
whole. Bah'u'llh's statement is: The earth is but one country, and mankind
its citizens.

The Promise of World Peace
http://www.us.bahai.org/interactive/pdaFiles/pwp.htm




US Finally Kills The 2nd Ammendment

2004-01-08 Thread Nostradumbass
The great American experiment finally fizzled on December 1, 2003, when the US Supreme 
Court declined to hear an appeal from a 9th Federal Circuit decision which gutted the 
Second Amendment. It was a nice run - over two hundred years.

As of December 1, 2003, the US Supreme Court issued its ruling, refusing to hear an 
appeal in the case of Silveira vs. Lockyer. That made Silveira the law of the land, 
you see.

You might think that the Silveria case was about the definition of an “assault 
weapon” but you’d be mistaken. In Silveira, the 9th Circuit Court made the 
following pronouncement: there is no individual right to bear arms contained within 
the Second Amendment to the US Constitution.

That means that no American citizen, since December 1, 2003, has a fundamental right 
to possess a firearm.

http://www.conspiracypenpal.com/columns/arms.htm
http://www.keepandbeararms.com/Mancus/silveira.asp

Gun enthusiasts (especially those who are members of the National Rifle Association 
http://www.nra.org and Jews for the Preservation of Firearms Ownership 
http://www.jpfo.org) may have now reached a crossroads. They have spent years and 
hundreds of millions of dollars lobbying politicians and the public to support their 
view that in the US the right to own firearms is granted to individuals and not state 
militias (a view I completely support). But now, with the Supreme Court refusing to 
hear their appeal of the 9th Circuit decision in Silveira v. Lockyer, they are faced 
with the likelihood that Congress and state leglislatures will feel free to further 
restrict gun ownership, perhaps even eliminate it over time, as has happened in other 
countries.

Further appeals to Congress and the states are no longer a sure bet. The soap box and 
the ballot box have been throughly tried, is it now time to get out the ammo box?