MEMO TO: J.J. Schast, Proprietor Lock 'N Load Firearms c/o 2563 N. Campbell Avenue Tucson 85719/tdc ARIZONA STATE fax: (520) 325-5417 FROM: Paul Andrew, Mitchell, B.A., M.S. Counselor at Law DATE: July 24, 1997 SUBJECT: Item Paid in Full Dear J.J.: I do very much appreciate your willingness to be flexible with My partial payments to you during the past several months. I do prefer to pay all of My bills as soon as they become due. However, you may already know that I have had many clients stiff Me for thousands of dollars worth of professional work during the past year, and I have been reduced to giving priority to the necessities of life, like food and shelter. When you left a message on My answering machine recently, you informed Me that the background check was clear, and that I was free to take delivery of the item I had purchased, I made arrangements to visit your store as promptly as My crowded schedule would permit. That was today, as you may recall. When I arrived, you required a driver's license, and I told you that I do not have one, because I am not required to obtain such a license to travel. Then, I provided you with photo identification which has been acceptable to the U.S. Postal Service for over a year now, where I post a comparatively large volume of legal mail. You refused to accept this identification. You then said that I would need to provide to you state-issued identification, with a Social Security Number. I then informed you that I do not have a Social Security Number. I do recall that you then said I would also need to provide you with the address of My current dwelling. At that point, I decided to leave, because it was clear to Me that you were not going to deliver to Me the item which I had purchased from you, and for which I had paid in full. Now, your refusal to deliver the item has put Me in a very uncomfortable, dangerous, and compromising situation. By today, I had expected to have the means to protect myself, if necessary, and/or to repel any attacks on My home or body. Without that means, I found it necessary immediately to retain the services of a private security and investigations firm, who have now put an armed guard on 24-hour call, specifically for My protection. Are you prepared to reimburse Me for this added and unanticipated expense? This is one of the direct consequences of your actions. Offer in Compromise to J.J. Schast, with Deadline: Page 1 of 4 You also said something about providing My dwelling address to certain government organizations which might need it at some unspecified time(s), and for some unspecified reason(s), in the future. I would like to address this point as follows: Number one: If you are referring to the Bureau of Alcohol, Tobacco, and Firearms ("BATF"), I am now obliged to inform you that the BATF is not an authorized bureau within the U.S. Department of the Treasury. This finding has been published, verified, and litigated to the point of estoppel by acquiescence, activated against the Secretary of the Treasury. I recommend that you confirm this finding yourself by reading the public document entitled "The Cooper File" in the Supreme Law Library on the Internet, at URL: http://www.supremelaw.org. The BATF are a rogue agency with no delegated authority to be operating inside the several states of the Union. BATF and IRS are, evidently, one and the same organization, when their historical genealogy is correctly traced and documented, as shown in "The Cooper File." Number two: Privacy is a fundamental Right, which can be confirmed by reviewing the Congressional findings codified within the Privacy Act at Title 5, United States Code, Sec. 552a et seq. I regard My dwelling's precise location to be a matter of utmost privacy and confidentiality, and I do not release this information to anyone who might abridge My privacy, either intentionally or unintentionally, particularly by disclosing the precise location of My dwelling to any rogue agency which is operating outside the confines of federal law, as is the case with the BATF. Such a disclosure would give that agency all the information they need to raid My dwelling, solely because of My legal and political activism. This kind of raid has happened many times already in American history, and will happen again. Moreover, deprivations of any fundamental Rights, like privacy, are felony violations of Title 18, United States Code, Sec. 242; if those deprivations are perpetrated in concert by two or more individuals, each also violates the prohibition against conspiracy to deprive fundamental Rights, codified at 18 U.S.C. Sec. 241. I strongly recommend that you review these two statutes immediately, particularly if you claim to be operating your business in conformity to BATF's own internal rules and regulations, instead of the fundamental Law in America. Number three: The Right to keep and bear arms is also a fundamental Right, because it is guaranteed by the Second Amendment, and all Rights guaranteed by the federal and state constitutions are fundamental, whether or not they are enumerated. The Right to keep and bear arms just happens to be a fundamental Right that is so important, the Framers of the U.S. Constitution felt it was definitely worthy of enumeration. Again, since this Right is also a fundamental one, any deprivation of this Right falls under the scope of Title 18, United States Code, Section 242, and possibly also Section 241. Offer in Compromise to J.J. Schast, with Deadline: Page 2 of 4 Number four: When I ordered the item which you have now refused to deliver to Me, you failed to disclose to Me what should have been disclosed, namely, the items of identification which you would accept and refuse, as pre-conditions to delivery. If you will take the time to consult the legal definition of the term "fraud" in Black's Law Dictionary, Sixth Edition (the current version utilized by courts, judges, and the legal profession), you will find that it embraces any failure to disclose what should have been disclosed. I now claim that you should have disclosed to Me the identification requirements which you impose on your customers, and you should have done so before accepting any money from Me, in order to provide Me with a real choice to accept or reject your terms. Revealing them to Me, and then enforcing them upon Me after the fact have worked a very real fraud upon Me, as that term is defined in Black's Law Dictionary. Now that I cannot and will not disclose to you any state-issued driver's license (because I don't have one), no state-issued identification card (because I don't have one), no Social Security Number (because I don't have one), and I cannot and will not disclose to you the exact location of My dwelling (for reasons which I have already itemized above), you have now placed yourself in the position of having taken My money without delivering the item I ordered and purchased by paying for it in full, and you have placed Me in the position of having paid that money without now possessing the means I expected to possess, in order to protect myself. This situation is untenable, and requires an immediate resolution. OFFER TO HOLD HARMLESS So, here is My offer to you. I offer to hold you entirely harmless for any damages to Me, whether actual, consequential, or exemplary, if you will agree, before 5:00 p.m. on Thursday, July 31, 1997, to deliver the item I have purchased to the Division Commander of the private security and investigations firm which I retained today. This Commander is fully qualified with a wide range of firearms. I hereby grant to him limited authorization to take delivery of the item at your store, at a time and date, prior to this deadline, which is mutually agreeable to both of you, with or without My presence to witness the delivery. This Commander will then proceed to test the item and certify its mechanical and operational readiness, as a professional service. I have been using the mailing location shown below, at least for the period which has transpired since I first met you, and surely since I made My first partial payment to you, many months ago, on March 18, 1997. Beyond that, I assert My fundamental Right to complete, total, and uncompromised privacy over My dwelling, its location, and the People who may come and go from this dwelling. I think it should go without saying that I would never have approached you in the first place, if I did not have a very real and a very imminent need for better Personal security. Your decision to refuse delivery today has compromised My security, and the conditions which you placed today on delivery have also threatened to deprive Me of My fundamental Rights to privacy and self-defense. As such, I cannot take your decision lightly, nor can I regard any of My fundamental Rights to be negotiable or alienable in any way, by you or anyone else. Offer in Compromise to J.J. Schast, with Deadline: Page 3 of 4 If you cannot accept the terms of My offer in compromise, as expressed in full above, then I will have no alternative but to demand that you purchase a United States Postal Money Order in the amount of five hundred eighty-eight dollars and fifty cents ($$588.50) and have it ready to deliver, no later than 5:00 p.m. on Thursday, July 31, 1997, to the Division Commander of the private security and investigations firm which I have found necessary to retain, due in large part to your failure to deliver the item which I purchased and paid for in full on the Friday dated July 18, 1997. Thank you very much for your consideration. I look forward to a mutually agreeable resolution to this serious problem now confronting us. Sincerely yours, /s/ Paul Andrew Mitchell Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state (expressly not a citizen of the United States), Counselor at Law, and federal witness c/o general delivery at: 2509 N. Campbell Avenue, #1776 Tucson 85719/tdc ARIZONA STATE (See USPS Publication #221 for "authority.") email: supremelawfirm@yahoo.com website: http://supremelaw.org copy: Judge Alex Kozinski (supervising) Ninth Circuit Court of Appeals copy: Division Commander Offer in Compromise to J.J. Schast, with Deadline: Page 4 of 4 # # #
Return to Table of Contents for
Letters of Correspondence