Statutes (Never Argue the

Second Amendment)

20 SundayMAY 2012
POSTED BY EOWYNDBH IN UNCATEGORIZED
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2nd amendment, Bank of United States v. Planters' Bank, Clearfield Doctrine, Natural Right, Right to Keep and
Bear Arms, Second Amendment, statutes

(For Frank ‘Austin’ England III)

(Blog Master: The last post “Treaty Cannot Infringe The Constitution” was liked by
http://GunRightsAttorneys.wordpress.com from there link I found this article attached to their
“Like” and was going to give it the ”Thumbs Up or Like” until I realized that they didn’t consider
the “Right to Keep and Bear Arms” as granted by our Creator, only by government. It is a good
article and I wished I could give it the “Like” but unfortunately they don’t understand the Natural
Right. Here it is Don’t Cherish the 2nd Amendment

NEVER ARGUE THE 2ND AMENDMENT, THIS IS A TRAP . . . ALL

SECURED RIGHTS STAND ON THEIR OWN, THEY NEED NO DEFENSE!

THERE CAN BE NO SUMMARY INFRINGMENT AGAINST THE RIGHT TO BEAR ARMS

IN ANY MANNER . . . THE STATE OF OREGON WILL HOWEVER, AS DO OTHER
STATES, CRAFT PRIVATE LEGISLATION AND STATUTES OFFERING THOSE
STATUTES FOR ACCEPTANCE IN A MISLEADING MANNER TO DO BUSINESS WITH
AND THEREBY CAUSE THE PEOPLE TO IGNORANTLY VOLUNTEER TO BE REGULATED
IN COMMERCE TO THE DEROGATION OR EXCLUSION OF THEIR SECURED RIGHTS!
THIS ALL GOES TO CONTRACT!

Follow me closely on this deception and how you can determine for yourself that
all regulatory legislation addressed to the people that is “defined” to originate in
“this state”, is for profit private copyright law and can only be offered for
acceptance to participate in and under these statutes. You have the right NOT TO
ELECT/ACCEPT to participate under the right and law of Contract which is in fact
CHOICE! Contract originates as a natural event and first requires a meeting of the
minds . . . to contract or not to contract premised on the nature and consideration
of the offer. ORS Chapter 174 Section 174.030 provides for the natural right to
prevail . . . see below.

Oregon Statutes – Chapter 174 – Construction of Statutes; General Definitions –

Section 174.030 – Construction favoring natural right to prevail. Where a statute
is equally susceptible of two interpretations, one in favor of natural right and the
other against it, the former [natural right] is to prevail.

Every statute must have an implementing regulation date to have the force and
effect of law. The three (3) gun regulation statutes cited below do in fact display
those implementing regulation dates HOWEVER! I have highlighted these dates
and you will note, that the dates of implementation are contained in “pairs” of
[brackets]. In accordance with the rules of style as published within the
“Government Printing Office Style Manual” ANY MATERIAL WITHIN “PAIRS” OF

BRACKETS IS TO BE OMITTED!

Any rule or regulation not possessing an implementing date has no force or effect
of law and cannot be enforced . . . but the statute can be offered for acceptance . .
. if you in anyway bring the issue into “controversy”. This is where they mislead
the public. At some point the statute is presented to you in some manner should a
gun issue come up . . . this is the critical point . . . . YOU DON’T WANT TO
“TRAVERSE” OR “JOIN” with that offered statute, either by arguing your 2nd
Amendment rights or any issue regarding the offered opportunity to go into
controversy. Knowledge of the omitted regulation dates is all you need to know
and how these [brackets] apply. Read the Rules of Style below.

Rules of Style to wit: UNITED STATES PRINTING OFFICE STYLE

MANUAL 2008 Publication, at Chapter 8, 8.19 — 8.20 Brackets in pairs
In Bills, contracts, laws, etc., to indicate matters that is to be omitted.

PRETTY CLEAR . . . THE ENTIRE REGULATORY PROCESS CRAFTED BY THE PRIVATE

FOR PROFIT CORPORATE ENTITY KNOWN AS THE DEFACTO “THIS STATE” AND

BUT THEY CAN

CAN’T INFRINGE A SECURED RIGHT . . .

CONTRACT YOU OUT OF THAT RIGHT! SO

WHO IS “THIS STATE?”AND JUST WHAT
POWER DOES IT REALLY POSSESS?

The Power to Define “this state” a defacto for profit corporation as in the
airspace above the organic State “this state” (in the airspace above) or “the
(organic) State” (on the land below) .Commercial,
De facto, Territorial
association, business or state as opposed to an organic State of
the Union; Cf. Alter ego; De facto officer doctrine; Joint ventures;
Legislative Courts doctrine; Penal codes; Political jurisdictions; Ultra

vires; ORS 131.205 [1973 c.836 §13]

Note the Brackets in pairs, you don’t have to participate in “this state” either.

(Definition for ORS 131.205 to 131.235) (As used in ORS 131.205

to 131.235, “this” state” means the
[fictitious]land and water and the air space above the
[substantive]Land and Water with respect to which “the” State
of Oregon [being the land] has legislative jurisdiction.) The
above referenced nature of the “elective” choice to join or
not join with “this state” for commercial purposes is
addressed within the Clearfield Doctrine below;

“Governments descend to the level of a mere private corporation and take on the
characteristics of a mere private citizen. This entity cannot compel performance
upon its corporate statute or rules unless it, like any other corporation or person is
the holder-in-due course of some contract or commercial agreement between it
and the party upon whom the payment and performance are made and thereby,
willing to produce said documents and place the same evidence before trying to
enforce its demands called statutes.

For purposes of suit, such corporations and individuals are regarded as entities
entirely separate from government.” Governments descend to the level of a mere
private corporation and takes on the character of a mere private citizen [where
private corporate commercial paper (securities) are concerned]”. . . “For purposes
of suit, such corporations and individuals are regarded as an entity ENTIRELY
separate from government.” Bank of United States v. Planter’s Bank of
Georgia, 9 Wheaton (22 US) 904, 6 L. Ed. 24

So the entire legislature works for a for profit foreign corporation as “Statute
Merchants” doing business for their corporation under the guise of a legitimate
law making body.

Review the three (3) gun regulation statutes below . . . note that none of the three
have the force and effect of law to be enforced . . . . that is, unless you accept or
elect to argue against the private sector definitions of their regulatory statute and
thereby, agree to be regulated in commerce as regard to your causing a
controversy and thereby to the derogation of your “Natural” 2nd amendment right
to bear arms.

Administrative Notice is hereby given as to the recognized “Natural Right” below:

Oregon Statutes – Chapter 174 – Construction of Statutes; General Definitions –

Section 174.030 – Construction favoring natural right to prevail. Where a statute
is equally susceptible of two interpretations, one in favor of natural right and the
other against it, the former [natural right] is to prevail.
Oregon Statutes – Chapter 166 – Offenses Against Public Order; Firearms and
Other Weapons; Racketeering – Section 166.250 – Unlawful possession of
firearms.

(1) Except as otherwise provided in this section or ORS 166.260, 166.270,

166.274, 166.291, 166.292 or 166.410 to 166.470, a person commits the crime of
unlawful possession of a firearm if the person knowingly:
(a) Carries any firearm concealed upon the person;
(b) Possesses a handgun that is concealed and readily accessible to the person
within any vehicle; or
(c) Possesses a firearm and:

(A) Is under 18 years of age;

(B)(i) While a minor, was found to be within the jurisdiction of the juvenile court
for having committed an act which, if committed by an adult, would constitute a
felony or a misdemeanor involving violence, as defined in ORS 166.470; and
(ii) Was discharged from the jurisdiction of the juvenile court within four years
prior to being charged under this section;
(C) Has been convicted of a felony or found guilty, except for insanity under ORS
161.295, of a felony;
(D) Was committed to the Department of Human Services under ORS 426.130; or
(E) Was found to be mentally ill and subject to an order under ORS 426.130 that
the person be prohibited from purchasing or possessing a firearm as a result of
that mental illness.
(2) This section does not prohibit:
(a) A minor, who is not otherwise prohibited under subsection (1)(c) of this
section, from possessing a firearm:
(A) Other than a handgun, if the firearm was transferred to the minor by the
minor’s parent or guardian or by another person with the consent of the minor’s
parent or guardian; or
(B) Temporarily for hunting, target practice or any other lawful purpose; or
(b) Any citizen of the United States over the age of 18 years who resides in or is
temporarily sojourning within this state, and who is not within the excepted
classes prescribed by ORS 166.270 and subsection (1) of this section, from
owning, possessing or keeping within the person’s place of residence or place of
business any handgun, and no permit or license to purchase, own, possess or keep
any such firearm at the person’s place of residence or place of business is required
of any such citizen. As used in this subsection, “residence” includes a recreational
vessel or recreational vehicle while used, for whatever period of time, as
residential quarters.
(3) Firearms carried openly in belt holsters are not concealed within the meaning
of this section.

(4) Unlawful possession of a firearm is a Class A misdemeanor. [Amended by

1979 c.779 §4; 1985 c.543 §3; 1989 c.839 §13; 1993 c.732 §1; 1993 c.735 §12;

1999 c.1040 §1; 2001 c.666 §§33,45; 2003 c.614 §8 ] DATES OMITTED, thereby
rendering #(4) “Unlawful possession of a firearm is a Class A misdemeanor”, as
unenforceable when any party presented with this #(4) provision simply gives or
returns notice without recourse, of “No Sale!”

Section: Previous 166.180 166.190 166.210 166.220 166.230

166.240 166.245 166.250 166.260 166.262 166.263 166.270
166.272 166.274 166.275 Next Last modified: August 7, 2008

Oregon Statutes – Chapter 166 – Offenses Against Public Order; Firearms and
Other Weapons; Racketeering – Section 166.470 – Limitations and conditions for
sales of firearms.
(1) Unless relief has been granted under ORS 166.274, 18 U.S.C. 925(c) or the
expunction laws of this state or an equivalent law of another jurisdiction, a person
may not intentionally sell, deliver or otherwise transfer any firearm when the
transferor knows or reasonably should know that the recipient:
(a) Is under 18 years of age;
(b) Has been convicted of a felony or found guilty, except for insanity under ORS
161.295, of a felony;
(c) Has any outstanding felony warrants for arrest;
(d) Is free on any form of pretrial release for a felony;
(e) Was committed to the Department of Human Services under ORS 426.130;
(f) After January 1, 1990, was found to be mentally ill and subject to an order
under ORS 426.130 that the person be prohibited from purchasing or possessing a
firearm as a result of that mental illness; or
(g) Has been convicted of a misdemeanor involving violence or found guilty,
except for insanity under ORS 161.295, of a misdemeanor involving violence
within the previous four years. As used in this paragraph, “misdemeanor involving
violence” means a misdemeanor described in ORS 163.160, 163.187, 163.190,
163.195 or 166.155 (1)(b).
(2) A person may not sell, deliver or otherwise transfer any firearm that the
person knows or reasonably should know is stolen.
(3) Subsection (1)(a) of this section does not prohibit:
(a) The parent or guardian, or another person with the consent of the parent or
guardian, of a minor from transferring to the minor a firearm, other than a
handgun; or
(b) The temporary transfer of any firearm to a minor for hunting, target practice
or any other lawful purpose.

(4) Violation of this section is a Class A misdemeanor. [Amended by

1989 c.839 §3; 1991 c.67 §40; 1993 c.735
§11; 2001 c.828 §2; 2003 c.577 §7] DATES OMITTED!

Section: Previous 166.436 166.438 166.440 166.441 166.445

166.450 166.460 166.470 166.480 166.490 166.510 166.515
166.520 166.560 166.610 Next Last modified: August 7, 2008

(For the rest of this post see two other posts by Frank ‘Austin’ England III) Authority of Title
27/ Title 18 on Firearms and Natural Rights

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