Time: Tue Jul 01 11:25:50 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id JAA05696; Tue, 1 Jul 1997 09:28:12 -0700 (MST) by usr06.primenet.com (8.8.5/8.8.5) with SMTP id JAA04458; Tue, 1 Jul 1997 09:28:03 -0700 (MST) Date: Tue, 01 Jul 1997 09:26:22 -0700 To: Bill Utterback <butterb@connecti.com> From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: RIGHTS v. PRIVILEGES (fwd) See the Privileges and Immunities Clause in the U.S. Constitution: Artice IV, Section 2, Clause 1 "Immunity" .ne. "immunity" "Privilege" .ne. "privilege" [".ne." is "not equals" in FORTRAN] /s/ Paul Mitchell At 02:35 PM 6/29/97 -0500, you wrote: >Reposting to mailing lists and news groups, e-mailing, faxing, web >page posting, and making hard copies for distribution of this >message are encouraged. > > > >At 11:58 AM 6/29/97 -0400, Howard Fezell wrote: >> >>On ABC's "This Week" program aired 06/28/97 NRA Exec. V.P. Wayne H. LaPierre >>referred to our right to keep and bear arms as a "privilege". To many, this >>would seem an insignificant comment. >> >>However, privleges are granted by the state -- and may be revoked. >> >>Rights, on the other hand, are inalienable. >> >>Those who would like to help educate the NRA's chief executive officer on >>this point may reach him at: National Rifle Association, 11250 Waples Mill >>Road, Fairfax, VA 22030 (703) 267-1000. >> >>Howard Fezell (www.2ndAmendment.net) > >================================================================== > >Well, I was about to enjoy a calm, peaceful Sunday morning until >this message came along to really push my button. > >I have a friend in San Antonio, Bob Wheaton, who I have known for >about nine years. Bob is an ex-NRA Life Member and as far back as >I can remember has been loudly complaining that NRA is actively >compromising away our right to keep and bear arms. Back four or >five years ago when I was an NRA member and NRA-ILA contributor, I >used to think that, although NRA's defense of our rights was >sometimes weak, that NRA must know the ins and outs of Washington >politics and must be doing the best job possible considering the >circumstances. > >I have since changed my opinion. For the past few years I have >clearly understood that NRA has become a 'Big Corporation' and the >primary goal of NRA is to continue the salaries and prestige of >the corporate officers. NRA has to be careful not to be too >successful in countering anti-gun legislation because it is in its >vested interest to keep the battle going. The goal of NRA is not >to protect our rights but to feed off the battle. > >The recent internal struggle that ousted Neal Knox from his NRA >position and replaced him with Charleton Heston gives us a primary >spokesman for NRA who publicly states "AK-47's are inappropriate >for private ownership, of course" and " . . .(I) don't even think >it (the Brady Bill) should be repealed . . ." > >The full transcript of the radio interview containing these >remarks follows: > >------------------------------------------------------------------ > >> DATE May 6, 1997 >> TIME 8:00 - 9:00 AM (PT) >> STATION KGO-AM (ABC) >>LOCATION San Francisco >> PROGRAM Morning Drive Time >> >> Ted Wygant, anchor: >> >> Well this is very appropriate to talk with Moses as >> we talk about it, at least. Now let's say good morning >> to the man who played it so well, Charleton Heston. >> Good morning, sir! >> >> Charleton Heston (Actor/NRA Board Member): And good >> morning to you, Mister Wygant. >> >> Wygant: Well, we're delighted to have you with us, and >> we appreciate your time because you have taken on a >> task that I think a lot of folks might have backed >> away with because a lot of concern about the National >> Rifle Association. >> >> Heston: Our country belongs to Hercules, doesn't it? >> >> Wygant: Yeah, right. What made you do it? How come >> you want to get in the middle of this? >> >> Heston: Well, I've, of course, been- found myself in >> the arena, if you will, on a number of public sector >> causes. I suppose starting back when I started >> demonstrating for civil rights back in 1961. Long >> before it got fashionable in Hollywood. And then the >> Screen Actors Guild, and the National Endowment For The >> Arts, and the Separate Theater Group, and so on- and >> then the Presidential Task force, and the Arts and >> Humanities. And I've been a member of- of the National >> Rifle Association for, oh, twenty years or more. When >> I was a kid in Michigan, in the Depression, I lived in >> a little hamlet in Northern Michigan with about, oh, >> a hundred houses which contained easily two hundred and >> fifty, three hundred fire arms of various kinds. >> Mostly being used for hunting, of course- food for the >> table. But I was asked, as is true with all of the >> jobs I've done. Somebody asked me. >> >> Wygant: Well, you've got quite a task. And- and >> you've been named first vice president. You- you're a >> member of the board at-at one point, and gee, you just >> zipped right up. >> >> Heston: I just was elected to the board on Saturday. >> >> Wygant: Yeah. >> >> Heston: It's the primary defender of the second >> amendment of the Bill Of Rights, which is, of course, >> a core document. The Bill Of Rights is right at the >> basis of the American idea, those wise old dead white >> guys that made up the country knew what they were >> about. And you- it is a mainstream issue. Most >> Americans, in fact, support the second amendment's >> right to bear and carry arms, and there are, as you >> suggest, a few extremists, and some of them are- are on >> the board. And we have, however, we- they elected- or >> re-elected in the case of Wayne LaPierre, and elected >> in my case and Cain Robinson's case- police chief Cain >> Robinson is now second vice president. We re-elected >> Marion Hammer as president. >> >> Wygant: Mister Heston, could I ask you to stand by >> here for just a moment? We have to get to traffic, but >> I- I do want to continue talking with you. Could you >> hang in for a minute? >> >> Heston: Yeah. >> >> Wygant: Okay, good. Thanks. >> >> **************** >> >> Wygant: Okay, right now let's get back to Charleton >> Heston talking to us from his home in Southern >> California. Let me ask you, you mentioned that there >> are some right wing folks- far right wing, still around >> the NRA. Are you going to try to get them off the >> board and out of the picture? >> >> Heston: That- that's certainly the intention, and I >> think it's highly doable. Wayne LaPierre is- is a >> superb leader, Marion Hammer's a strong president. >> And I think Cain Robinson and I can provide some useful >> support there. >> >> Wygant: Now the image of- of the NRA has been an >> organization that supports the right of people to buy >> any legal firearms, and, of course, you go to any- any >> gun store- gun shop and you see things there that are >> big, and brutal, and deadly, and far more than you need >> for- for hunting or home protection. Do you stand by- >> I mean, the image is... >> >> Heston: AK-47's are inappropriate for private >> ownership, of course. >> >> Wygant: Yeah, but the image is that they're- the fire >> power of these weapons is far more than a hunter or a >> homeowner would need. Why is it necessary to have >> those guns available anyway? >> >> Heston: I just got through telling you. The >> possession- private possession of AK-47's is entirely >> inappropriate. >> >> Wygant: Right, but AK-47's one thing, but I've been in >> a gun shop- I've been in gun shops, and there's fire >> power there that doest's seem necessary and that people >> worry about being out there in- in the hands of, you >> know, potential criminals. >> >> Heston: I'm not certain what you're point is- that >> there are guns available in gun stores? >> >> Wygant: No, guns that go beyond what a hunter would >> need. In other words, why does the NRA support guns >> that have overkill? Let's put it that way. Shouldn't >> there be some sort of limit? >> >> Heston: Well, for any certain time, AK-47's are >> entirely inappropriate for private ownership, and the- >> the problem, of course, is not guns held by private >> citizens, but guns held by criminals. And where we >> have failed, where the government has failed is with >> entirely cosmetic actions like the Brady Bill, which is >> meaningless. I'm not even- don't even think it should >> be repealed because it doesn't do anything. and it's >> been in- on the books for more than two years. In the >> course of that time, I think it is, nineteen people >> have been arrested, and two have been imprisoned felons >> with felony records for trying to purchase a firearm. >> >> Wygant: Well, we've- we gotta- I really appreciate >> talking with us. It'll be interesting to see- >> interesting to see how you handle the public image of >> the National Rifle Association and those in the far >> right in the group. And if you don't mind, we'd like >> to talk to you again. >> >> Heston: I hope we can do that. >> Wygant: Alright, thanks very much. >> >> Heston: Mister Wygant. >> >> Wygant: Thank you. Charleton Heston from his home in >> Southern California, and the KGO Radio News time is >> 8:23. > >------------------------------------------------------------------ > >Now in addition to Heston, we have Wayne LaPierre who publicly >states that our right to keep and bear arms is a "privilege". >Excuse me while I throw up. > >I would like to encourage everyone to divert their contributions >and dues from NRA to the two organizations which truly act to >protect our fight to keep and bear arms: Gun Owners of America >and Jews for the Preservation of Firearms Ownership. Both of >these 'no slack' organizations are worthy of our support. > >Gun Owners of America >8001 Forbes Place, Suite 102 >Springfield Virginia 22151 >PH: 703-321-8585 >FX: 703-321-8408 >http://www.gunowners.org/ > >Jews For The Preservation of Firearms Ownership >2872 South Wentworth Avenue >Milwaukee, Wisconsin 53207 >Phone: 414-769-0760 >FAX: 414-483-8435 >http://www.mcs.net/~lpyleprn/jpfo.html > >And let's not forget another equally deserving organization: > >Fully Informed Jury Association >P. O. Box 59 >Helmville, Montana 59843 >Phone/Fax (406) 793-5550 >http://www.fija.org/ > >Roger Cravens <ke4yqz@pop.mindspring.com> recently posted some >pertinent remarks about NRA. His message is copied below: > >------------------------------------------------------------------ > >>After doing some very serious comparisons between >>Gun Owners of America and the National Rifle >>Association, I decided not to renew my NRA membership. >>And I had been a supporter either as a volunteer or >>financially of the NRA for at least 30 years, both >>while in military career status as well as in non- >>military/civilian status. >> >>I'm now 47 years old, and some member of my family >>(father, uncles, cousins, aunts, etc) have supported >>NRA for as long as I can remember. Even as a kid, >>it was NRA volunteers that taught me how to shoot a >>22 cal single shot rifle as a kid of 5 years old. >> >>But their position on 2d Amendment issues of all >>kinds have become more and more liberal and anti- >>2d Amendment. >> >>I have seen absolutely nothing originate from >>Gun Owners of America that comes close to what >>has come out of NRA in the past 10 years. So >>all of my support, as well as monetary support, >>will be going to GOA from now on. I have also >>been encouraging as many people as possible to >>stop supporting the NRA and start supporting >>GOA. With much better success that I had ever >>hoped for. >> >>I am ashamed to admit that I haven't sent in >>my dues for this year. But I will be soon. >>I have several hot monetary issues I have to >>take care of and pay off first, then I'm >>writing a check to GOA. >> >>A copy of this message has been forwarded to GOA. >> >>GOA: >> >>Please send any and all information on supporting >>and joining your organization to the following >>address. I will send in my annual dues very soon >>after receipt. >> >>Roger D. Cravens, Jr. > >------------------------------------------------------------------ > >Let me also mention that Larry Pratt of Gun Owners of America was >one of the speakers at the Alamo Militia Muster that I >coordinated. Held on November 12, 1994, at the Alamo in downtown >San Antonio, Texas, about 500 active participants in the Texas >Constitutional Militia listened to Larry speak like a true >patriot. His actions and the actions of Gun Owners of America >have never since waivered from no-compromise support of our >absolute right to keep and bear arms - and to form militias. The >NRA, according to Heston, wants to get right wing folks off the >NRA board and out of the picture (see radio interview above for >exact words). > >The militia is the people and the people are the militia. >Although it is essential for the present for the people to >maintain possession of conventional arms as a deterrent to >unconstitutional actions by government, the people/militia must >also learn to use the most effective weapons available. These >weapons, which will see extensive use in the near future, are mass >public demonstrations and mass public civil disobedience. We need >to regain control of the voting process from the computers which >print out whatever totals the controllers desire and awaken the >sleeping majority of American citizens to the necessity of >electing patriots to public office. > >America and American government has fallen far away from the >ideals of the founding fathers. In order to restore limited, >Constitutional government with Liberty and Justice for all, it is >essential to realize that there is very little the government does >that can not be done better and much less expensively by the >private sector. It is essential to realize that government is >authorized to do only those things specifically authorized by our >federal and state constitutions, and that most of what government >does today is unconstitutional. > >In the United States, governments have powers delegated to them by >the people. Governments have only delegated powers, not rights. >Furthermore, any statute must be written under the authority of >powers delegated to the government by the Constitution or that >statute is not law and is null & void. Here is a quote for you: > >------------------------------------------------------------------ > >"The general rule is that an unconstitutional statute, though having the form >and name of law, is in reality no law, but is wholly void, and ineffective >for any purpose; since unconstitutionality dates from the time of its >enactment, and not merely from the date of the decision so branding it. An >unconstitutional law, in legal contemplation, is as inoperative as if it had >never been passed. Such a statute leaves the question that it purports to >settle just as it would be had the statute not been enacted. > >Since an unconstitutional law is void, the general principles follow that it >imposes no duties, confers no rights, creates no office, bestows no power or >authority on anyone, affords no protection, and justifies no acts performed >under it... > >A void act cannot be legally consistent with a valid one. An unconstitutional >law cannot operate to supersede any existing valid law. Indeed, insofar as a >statute runs counter to the fundamental law of the land, it is superseded >thereby. > >No one is bound to obey an unconstitutional law and no courts are bound to >enforce it." > >Sixteenth American Jurisprudence Second Edition, Section 256 > >-------------------------------------------------------------------- > >What are YOU doing to assist in restoring limited, Constitutional >government? A good place to start would be by financially >supporting the organizations listed above. > >for Liberty, >Bill Utterback > >Life Member GOA >Ex-member NRA >Ex-contributor NRA-ILA > >================================================================== > >butterb@connecti.com (backup: butterb597@aol.com) > >"It is not the function of our Government to keep the citizen from >falling into error; it is the function of the citizen to keep the >Government from falling into error." >U.S. Supreme Court in American Communications Association v. Douds, >339 U.S. 382,442 > >World's Smallest Political Quiz: http://www.self-gov.org/quiz.html > >Libertarian Party: http://www.rahul.net/lp/ > >Fully Informed Jury Association: http://www.fija.org/ > >Gun Owners of America: http://www.gunowners.org/ > >Police Against the New World Order: >http://www.police-against-nwo.com/index.htm > >PGP PUBLIC KEY sent on request. > > > > > ======================================================================== Paul Andrew Mitchell : Counselor at Law, federal witness B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night email: [address in tool bar] : using Eudora Pro 3.0.2 on 586 CPU website: http://www.supremelaw.com : visit the Supreme Law Library now ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this As agents of the Most High, we came here to establish justice. We shall not leave, until our mission is accomplished and justice reigns eternal. ======================================================================== [This text formatted on-screen in Courier 11, non-proportional spacing.]
Return to Table of Contents for
Supreme Law School: E-mail