Hamrick Second Amendment Case Transfering to Arkansas

Hamrick Second Amendment Case Transfering to Arkansas

This is a discussion on Hamrick Second Amendment Case Transfering to Arkansas within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; After 4 years of federal litigation in Washington, DC (Hamrick v. President Bush, et al) I am still the unrepresented civil plaintiff with a Second ...

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Thread: Hamrick Second Amendment Case Transfering to Arkansas

  1. #1
    Ex Member Array donhamrick's Avatar
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    Exclamation Hamrick Second Amendment Case Transfering to Arkansas

    After 4 years of federal litigation in Washington, DC (Hamrick v. President Bush, et al) I am still the unrepresented civil plaintiff with a Second Amendment case employing the RICO Act alleging that the U.S. Government is racketeering an unlawful and an unconstitutional protection scheme over the Second Amendment. To my knowledge there has never been a Second Amendment case from a U.S. merchant seaman involving the right to travel in concunction with the Common Defense Clause of the Preamble to the Constitution and in conjunction wit the Ninth, Tenth, Thirteenth Amendments.

    There was the recent Bach v. Pataki which was comparable to my case under the right to travel. The U.S. Supreme Court denied that case. Because the U.S. Supreme Court refuses to take on the Second Amendment under any circumstances since Miller (1939) I am alleging that the U.S. Supreme Court's silence on the Second Amendment is a form of racketeering under the RICO Act.

    Don't laugh! My case is complicated and overlaps local/state laws, federal laws, international treaties, and maritime law. My Civil RICO Act Complaint is now running at over 2,000 pages. I will now have the home court advantage in that I will now what the U.S. Department of Justices attorneys will throw at me. These 4 years has been a practice run for me. I am now well seasoned in just how far the U.S. Government will obstruct justice pulling every dirty trick in the book by the bench and bar to keep my case from proceeding to trial.

    Because I am pushing for "National Open Carry Handgun" in opposition to the NRA's agenda for "National Reciprocity for Concealed Carry I have been called various deragotary names in emails over these past 4 years. The federal bench and bar in Washington, DC have been jerking me around the Federal Rules of Civl Procedure, Appellate Procedure, and the Rules of the U.S. Supreme Court. After 4 years of federal litigation in the federal courts of Washington, DC I learned (no one told me) that my case is void for lack of jurisdiction based on the fact that I am a resident of Arkansas [ See 28 U.S.C. 1402(a)(1) ].

    Judge Walton was assigned to my case under questionable circumstances implying misconduct by Judge Walton. U.S. District Court for DC Judge Reggie B. Walton is the same judge who ruled in Seegars v. Ashcroft that the Second Amendment did not apply to the District of Columbia.

    08/01/2006 81 MOTION to Transfer Case to the U.S. District Court for the Eastern District of Arkansas by DON HAMRICK; (FIAT. Judge Walton "Leave to file is granted") (td, ) (Entered: 08/02/2006)


    I have yesterday completed a 2-trip relief boatswain job aboard a container ship. I left the ship in Norfolk, Virginia. I will be visiting the Seafarers International Union's training facility (library and other sources) in Piney Point, Maryland on the history of firearms in the merchant marine. I will then visit the Coast Guard in Washinton DC on the same subject matter (collecting evidence in support of my court case). From there I will return to Arkansas to polish up the narative in my Civil RICO Act Complaint. Then when it is all polished up I will file it with the U.S. District Court for the East District of Arkansas (Little Rock), Northern Division (Batesville).

    Remember! The U.S. Supreme Court Second Amendment case, United States v. Miller (1939), originated in Arkansas! Now my case on the Second Amendment from a merchant seaman's point of view is coming to Arkansas!

    In thegeneral sense everyone, (the NRA, the Second Amendment Foundation, even you professors) has ignored my case declining to even write op-eds and articles on my case. These circumstantial facts of political prejudices which to some extent are understandable have not detered me from pushing my Second Amendment case in the federal courts. "Hell, open carry in today's society? Is he nuts?" Every new idea begins with crticism and ridicule until eventually it becomes common place and a social and legal norm. I have even been called the "Don Qjuixote of the Second Amendment for pushing nationwide open carry for the handgun! "I don't care who you are, that's funny right there!" (trademark remark for Larry the Cable Guy , the epitome of redneck humor at its best. "Git-R-Done!" ).

    Don Hamrick


  2. #2
    Distinguished Member Array randytulsa2's Avatar
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    Good luck to you! (you'll surely need it). Judges HATE RICO cases, except for mobsters, and they don't really like them then. They doubly hate civil RICO cases.

    We owe you a debt, though. If it wasn't for people like you, rights would wither and die- - let alone not be advanced or clarified. Think of Mr. Brown in Topeka who just wanted his kids not to have cross some dangerous railroad tracks to get to school...

    What are the predicate acts alleged in your complaint?

    What is the RICO enterprise?

    How do you deal with the "continuity" and "relatedness" issues?

    I did a civil RICO case a long, long, time ago and those are the only issues I really remember. However, as I remember them they were elastic enough terms to get you thrown out if the judge wanted the case pitched (or elastic enough for the judge to let you proceed if he felt like it).

    Hats off to you!

  3. #3
    Senior Member Array tanksoldier's Avatar
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    Just because you qualified for the Merchant Marine with a firearm doesn't qualify you for a "nationwide open carry permit".

    I can't imagine how you would think it would.
    "I am a Soldier. I fight where I am told, and I win where I fight." GEN George S. Patton, Jr.

  4. #4
    Ex Member Array donhamrick's Avatar
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    Quote Originally Posted by randytulsa2
    Good luck to you! (you'll surely need it). Judges HATE RICO cases, except for mobsters, and they don't really like them then. They doubly hate civil RICO cases.

    We owe you a debt, though. If it wasn't for people like you, rights would wither and die- - let alone not be advanced or clarified. Think of Mr. Brown in Topeka who just wanted his kids not to have cross some dangerous railroad tracks to get to school...

    What are the predicate acts alleged in your complaint?

    What is the RICO enterprise?

    How do you deal with the "continuity" and "relatedness" issues?

    I did a civil RICO case a long, long, time ago and those are the only issues I really remember. However, as I remember them they were elastic enough terms to get you thrown out if the judge wanted the case pitched (or elastic enough for the judge to let you proceed if he felt like it).

    Hats off to you!
    What are the predicate acts alleged in your complaint?

    Extortion of Filing Fees with the DC Circuit & U.S. Supeme Court (18 U.S.C 872 -vs- 28 U.S.C. 1916). Fraud & False States (18 U.S.C. 1001). There are other predicate acts I allege.

    What is the RICO enterprise?

    The United States Government. (laughable, I know. But it is not so laughable with the case law available and used in my complaint).

    How do you deal with the "continuity" and "relatedness" issues?

    The U.S. Supreme Court's refusal to hear a Second Amendment case since United States v Miller in 1939 is one continuity at the national leval. And the personal level it is the reaction and activities of the U.S. Coast Guard specifically, and the U.S. Government in general, that provides another "continuity" level.

    I have the U.S. Attorney's Manual and the "RICO Guide for Prosecutors" by the U.S. Department of Justice on my laptop to help me write my complaint. Those manuals have helped me tremendously. My "Civil RICO Act Complaint" is now over 2,000 pages destinctly partitioned and catagorized between complaint and evidence so that I will avoid getting my case dismissed for failure to state a claim or lack of subject matter jurisdiction.

  5. #5
    Ex Member Array donhamrick's Avatar
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    Quote Originally Posted by tanksoldier
    Just because you qualified for the Merchant Marine with a firearm doesn't qualify you for a "nationwide open carry permit".

    I can't imagine how you would think it would.
    That's the rub with my complaint.

    The popular consensus is that you need government permission to openly keep and bear arms in intrastate and interstate travel. By the U.S. Constitution you need no such permission because that right is "guaranteed by" the Constitution. It is not "granted by" the Constitution.

    All state and federal gun control laws are premissed on the "granted" theory such that the state and federal government can infringe or prohibit Second Amendmemnt rights. Such laws are passed on the presumpton that you do not have a right to travel while armed. And because of such presumption the NRA is committing a fraud upon the American people with their National Reciprocity for Concealed Carry.

    My case is extremely complicated and cannot be briefed in a few paragraphs. You will have to accept the premise that I have a valid federal case for the Second Amendment.

  6. #6
    Ex Member Array donhamrick's Avatar
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    Quote Originally Posted by Redneck Repairs
    awww not this again LOL . ( don is the only member on my ignore list )
    You ain't the only one! All joking aside! I have been banned from DOT, USCG, FAA buildings in Washington DC! Wanna know why? Gimme your email address and I will email my "Motion for Permanent Injunction" explaining my situation! Here's my bulletin on my situation that I sent to others:

    Without knowing it or being informed of it since 2004 Michael Prendergast, Associate Director of Security Operations for the U.S. Department of Transportation issued a "bar notice" with the subject line: "ACTION: DO NO ADMIT DON HAMRICK" to CSMi/WSS, Ltd, (whoever they are), to the DOT Headquarters, to the U.S. Coast Guard Headquarters, to FAA 10A/B (wherever that is) in Washington, DC.

    If I visit any of those government buildings I will be arrested. And for what? I will be arrested because I criticized the U.S. Coast Guard over Second Amendment rights of the American people!

    Attached is my Motion for Permanent Injunction against that bar notice. The bar notices is inserted after page 4. Included in the motion is the article that started this snowball government retaliation because I exercised First Amendment rights in defense of Second Amendment rights.

    Correct me if my understanding of this situation is wrong. But am I now considered a "political dissident?"

    I have not broken any laws, federal or state. I purposely stayed within the law in everything I did while advocating and litigating Second Amendment rights in the federal courts in Washington DC.

    Now I am "persona non grata" in Washington, DC! Even if I go to the U.S. Coast Guard Headquarters in merchant marine business I will be arrested! This stings like hell for me!

    No matter. I can use this as evidence of government retaliation over the exercise of First Amendment rights. I will not let this scare me from pursuing my Second Amendment case. Hell, this is perfect evidence of racketeering and conspiracy to deny my right to petition, especially at the discovery phase. Imagine that at the discovery phase of my case I give due notice to the Coast Guard of my visit for descovery purposes and I get arrested because of the bar notice! I hope to avoid that situation with my motion for permanent injunction.

    This push-coming-to-shove situation with my federal litigation is entering the hardball phase where the government is at the "annoyed" stage. I guess they have ignored my case because it appeared so ridiculous (nationwide open carry). But because I am continuing to refuting the government's (Department of Justice) arguments in the logical sense while the judges still side with the government denying my arguments it is the accumulation of these evidence that I am more and more able to prove bias in Judge Reggie B. Walton, "The Second Amendment does not apply to the District of Columbia because it is not a state," judge.

    Now that the wheels are in motion to transfer my case to Arkansas I hope to get a fair bit better treatment and alot less hostility from the Arkansas judge.

    I hope someone will brief Wayne LaPierre and Robert Dowlut of the NRA on my situation because it has now risen to hardball status with the government. I am now appreciably scared of what some jackass yahoo in the U.S. Government might do in reaction to my federal litigation activities. But I am the type of person who will not back down from a confrontation when I know I am in the right. Off course if I am in the wrong and I somehow don't know it and someone explains it to me and they are right I will back down because I have lived under my personal code of honor to do the right thing in everything I do. With that said I am like a junkyard dog with a bone. A $9 million dollar bone in damages.

    The evidence of all this is attached. With that you now know how this all started back in 2002.

    I need political support! I need a publicity campaign of Op-Eds, commentaries, press releases but who will write about my case?

    Signed: Don Hamrick

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