Time: Fri Jul 25 09:52:51 1997
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Date: Fri, 25 Jul 1997 09:47:09 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Offer in Compromise to Arizona gun dealer
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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.com. 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.
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
Offer in Compromise to J.J. Schast, with Deadline: Page 2 of 4
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 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: pmitch@primenet.com (586/Eudora Pro 3.0.3(16):
preferred, to conserve all resources)
phone: (520) 320-1514 (private line:
please get permission to disclose)
fax machine: (520) 320-1256 (dedicated hard copy:
available 24-hours per day or night)
fax modem: (520) 320-1513 (switched fax/modem:
use when fax machine is busy/no answer)
website: http://www.supremelaw.com
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
# # #
========================================================================
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 3.0.3 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.
========================================================================
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