Any comments on his suit? He asked me (in my capacity as a VCDL blogger) to endorse and publicize it, but did so in a very insulting manner.

I looked over it and found it virtually incomprehensible...but I'm no lawyer.

Have you looked at it? What do you think?

I'm not a lawyer either, nor do I play one on TV.. "incomprehensible" works for me - a 594 page lawsuit with a 21-page table of contents is just out of control.

it seems to me that he's had a lot of time to think it out and develop it. that is usually a positive sign. a couple grand is not much to save up, though. i don't know why he really needs the NRA.

But Don Hamrick is half a step above your average pro se prison plaintiff. The guy is batshit insane and publicizing his mere existence is a service to the anti-gunners.

DON HAMRICK IN DEFENSE:

Like termites here they come out of the wordwork!

Please note that the above people make their remarks about me and not the specifics about my case? That's their fatal flaw in their postings.

VCDL Blogger SailorCurt looked it over and found it incomprehensible but he is not a lawyer and JIM W. says I am batshit insane without showing any evidence. I'd say JIM W. committed libel, defaming my name and reputation.

HARTLEY finds fault with a 21-page Table of Contents.

There are legal reasons why my lawsuit is large. It encapsulates 6 years of corruption in the federal courts.

I chose Federal Rule of Civil Procedure Rule 8(d)(2). Alternative Statements of a Claim. From my lawsuit:

In order to eliminate the propensity for bias against the unrepresented civil plaintiff for dismissal on the fictitious grounds of failure to state a claim upon which relief can be granted by use of boilerplate citations to inapplicable case law under Rule 12(b)(6) of the Federal Rules of Civil Procedure I hereby state that I am stating my claims in alternative statements in this complaint (pleading) such that if any one of my
claims are sufficient then my complaint (pleading) is sufficient in its entirety under Rule 8(b)(2) of the Federal Rules of Civil Procedure for my Seventh Amendment right to a civil jury trial under common law.

My alternative statements of claims are presented in their alternative presentations in the following Parts of my complaint as shown here to support my primary claims in Part 19:

Part 3. Purpose of this Case
Part 4. In Defense of Pro Se Civil Litigation
Part 5. Federal Questions Presented (28 U.S.C. § 1331)
Part 6. Plaintiff’s Human Rights Declarations
Part 7. Plaintiff’s Constitutional Rights Declarations
Part 8. Plaintiff’s Religious Rights Declarations
Part 9. Plaintiff’s Maritime Rights Declarations
Part 10. Challenging the Non-Incorporation Doctrine on the Second Amendment
Part 11. Challenging the Constitutionality of Summary Judgment
Part 12. Challenging the Final Agency Action of the U.S. Coast Guard
Part 13. Challenging the Federal Court Ruling
Part 14. Challenging Selected Federal Laws
Part 15. Challenging Selected Federal Regulations
Part 16. Challenging Selected State Codes, Statutes, and Municipal Codes
Part 17. Challenging Selected Maritime Conventions and Treaties
Part 18. Racketeering and Treason against the Constitution by Federal Judges
Part 19. The Claims
Part 20. Statement of Proposed Rico Charges (Claims)
Part 21. Petition for Writ of Mandamu (My Demands for Justice)
Part 22. Petition for Writ of Prohibition
Part 23. Petition for Declaratory Judgment
Part 24. Petition for Injunctive Relief
Part 25. Damages

My lawsuit is intricately structured and complies with Rule 8(a) Claim for Relief.

What I find more interesting is that here I am, a 6-year pro se civil plaintiff, a refugee from the corrupt federal courts doing a job the NRA refuses to do because "National Open Carry Handgun" is a Ninth Amendment right, a derivative of the Second Amendment right to keep and bear arms is the constitutional norm even though it is not the current social norm nor the legal norm. And because I stand up alone to fight for a long forgotten constitutional right I am attacked by ignorance and bigotry.

AGAIN, DON HAMRICK IN DEFENSE:

The following are just a small fraction of the hundreds of law review articles I have read in preparing my lawsuit:

Suja A. Thomas, WHY SUMMARY JUDGMENT IS UNCONSTITUTIONAL, 93 Va. L. Rev. 139 (2007).

Suja A. Thomas, WHY SUMMARY JUDGMENT IS STILL UNCONSTITUTIONAL, A REPLY TO PROFESSORS BRUNET AND
NELSON, IOWA LAW REVIEW, Vol. 93, No. 5, 2008

Suja A. Thomas, THE UNCONSTITUTIONALITY OF SUMMARY JUDGMENT: A STATUS REPORT, 93 Iowa Law Review __ (forthcoming 2008) Iowa Law Review Symposium on Procedural Justice

Kendall W. Hannon, NOTE, MUCH ADO ABOUT TWOMBLY? A STUDY OF THE IMPACT OF BELL ATLANTIC CORP. V.
TWOMBLY ON 12(B)(6) MOTIONS, 83 Notre Dame L. Rev. (forthcoming April 2008).

Kendall W. Hannon, Note, MUCH ADO ABOUT TWOMBLY? A STUDY OF THE IMPACT OF BELL ATLANTIC CORP. V. TWOMBLY on 12(b)(6) Motions, 83 Notre Dame L. Rev. (forthcoming April 2008)

Charles B. Campbell, A “Plausible” Showing After Bell Atlantic Corp. v. Twombly

Barry G. Sher, Kevin C. Logue and Asa R. Danes BELL ATLANTIC CORP. V. TWOMBLY: THE SUPREME COURT TIGHTENS PLEADING STANDARDS FOR ANTITRUST CONSPIRACY AND BEYOND; StayCurrent: A Client Alert from Paul Hastings, May 2007, Paul, Hastings, Janofsky & Walker LLP, 875 15th Street, N.W., Washington, DC 20005, (18 Offices Worldwide)

Judicial Bias and Hostility in the Lower Federal Courts toward Second Amendment Cases is Common Knowledge

Glenn H. Reynolds, Brannon P. Denning, HELLER’S FUTURE IN THE LOWER COURTS, 102 Northwestern Law Review Colloquy 406 (2008)

Glenn H. Reynolds, Brannon P. Denning, HELLER'S FUTURE IN THE LOWER COURTS, 102 Northwestern Law Review Colloquy 406 (2008) SECTION II. THE LOWER COURTS AND THE HELLER DECISION

I have been studying the Constitution, reading law review articles, and following the wrongdoings of federal agencies, Congress, and the federal courts for the last 10 years.

I have been pushing Second Amendment cases as an unrepresented civil plaintiff for the last 6 years.

A lot of what Charles W. Heckman, Dr. Sci. (A Matter of Justice Coalition (AMOJ)) writes about on federal courts in his "Comments on the Ninth Circuit pro se Task Force Report" (http://victimsoflaw.net/9thcircuit1.htm) is exactly what I have experience in my 6 years as a pro se civil plaintiff against the United States.

So, please take my word that the above naysayers are to be pitied for their ignorance and bigotry.

Committee for the Ninth Circuit

DON HAMRICK IN DEFENSE:

What I find most disturbing, is why would SAILORCURT, Blogger for the "Virginia Citizen's Defense League" (VCDL), an organization professing to be a defender of Second Amendment rights for the citizen's of Virginia case disparaging remarks on a Second Amendment case designed to bring the Ninth Amendment right of open carry, a derivative right of the Second Amendment not only to the citizen's of Virginia but to all law-abiding U.S. citizens under the Fourteenth Amendment?

Makes one wonder whether political jealousies are flowing in the minds of self-professed Second Amendment organizations.

My Second Amendment case has everything anyone ever wanted in a Second Amendment lawsuit. My lawsuit covers not only local, State and Federal laws but also maritime laws and conventions and international human rights treaties on what exact does "right to life" mean: Do we have the right to defend our life by force of arms under the Second Amendment and the Ninth Amendment? My Second Amendment is like Ragu Spaghetti Sauce. "It's in there!"

As for Wayne LaPierre chasing Rebecca Marks on the U.N.'s gun control agenda why does the NRA ignore my Second Amendment case when I have a human rights complaint against the United States for the Second Amendment and my Seventh Amendment right to a civil jury trial? See http://opencarry.mywowbb.com/forum4/17335.html.

NO! I AM NOT BATSHIT INSANE! THOSE WHO OPPOSE MY SECOND AMENDMENT CASE ARE!

CORRECTION: As for Wayne LaPierre chasing Rebecca Peters . . .

PROOF THE NRA HAS IGNORED MY SECOND AMENDMENT CASE FOR THE LAST 6 YEARS (SINCE 2002)!

http://opencarry.mywowbb.com/attachment.php?id=4031

Don't give Don Hamrick any more free publicity, the guy has no idea how loony he sounds. He may be right in his conclusions but he is so profoundly wrong in his implementation that he is only going to do damage to the cause.

DON HAMRICK REBUTTAL TO KMAN:

KMAN's Chicken Little's "The sky is falling!" rant is a common complaint I get from the frightened sheeple.

If what I am doing is so dangerous then why didn't KMAN demand the NRA intervene on behalf of his fears?

KMAN's is the typical "Don't rock the boat" mentality. His is the self-defeatist mantra that the individual has no standing to defend his own rights in federal courts. That the individual must yield to the monopoly of the collective, i.e., the NRA.

The trouble with that approach is the actual life experiences are not controled by the collective NRA. The world does not revolve around the NRA, or the SAF, GOA, JPFO, or other organizations like VCDL. We cannot wait for the NRA or other collective organizations to proclaim which case is their "perfect case." The collective ought to be subordinate to the individual's cause of action.

The United States was founded on the principle of individual rights not the rights of the collective.

Personal insults and emotional rhetoric do not make for a reasoned argument.

sometimes, when the whole world is against you, the world may have a point.

And when confronted by a crazy raving lunatic it is not necessary to refute each lunatic point, or any of it, or to get involved in the lunatic's agenda much less represent him.

Don is totally batshit crazy as anyone can tell from glancing at his crap, but in the same way that vexatious pro se litigants always are. The dsm needs to classify this disorder and people who suffer from it should be banned from initiating any litigation in pro se without permission of the presiding judge. California has a mechanism like that and it works very well when utilized.

Don,

I AM a lawyer, and I looked at your complaint and it's a mess.

It's going to get thrown out, mostly because it's virtually incomprehensible. There's no "short and plain" statement of the relief you're seeking, why the defendants can give you that relief, why the court has jurisdiction over your case, etc.

I admit I did not read the whole thing, but I tried to find those parts and couldn't. Instead, all I found is your commentary - with plenty of quotes and citations from various cases and treatises.

Some pro se litigants perform exceptionally well in court, but frankly your case is far too complex to go it alone. If you really want to move forward, get a lawyer and distill your case down to its most simple issues.

I've never met a federal judge who will read (or make his clerks read) a 600+ page complaint just to figure out what you're getting at. When the government files its motion to dismiss, it's going to be granted because the judge isn't going to be able to make heads or tails of your pleading.

It doesn't help that you're claiming that the failure to state a claim for which relief can be granted is a "fictitious" ground for dismissal or that summary judgment is unconstitutional. These are well-established legal practices that no court in the land is going to overturn.

DON HAMRICK REBUTTAL TO ANON:

Congratulations ANON. You are another piece of prima facie evident for an eloquent rendition of anti-social behavior degrading toward dementia. Your comment is far from reality. You have an extremely limited view of the world around you, ANON. I, on the other hand, have traveled all they way around the world as a merchant seamen of 19 years and as a U.S. Coast Guard radioman for 7 years. My lawsuit is well founded in reality at all levels of life from local to international. Perhaps that terrifies the uninform. So be it. Let them wake up to real world.

PRO-COUNTER-POINT FROM WWW.OPENCARRY.ORG FORUM:

donhamrick,

First, thank you for your service to this country in the Merchant Marine. Many do not realize either the critical importance of the U.S. Merchant Marine to our National Defense or the sacrifice and dedication that this service entails.

Second, thank you for sticking up for the rights of Merchant Seamen. I too have a Z card. The Coast Guard rule making demand for a small arms qualification endorsement is genius!

Fighting for our RKBA on the high seas is extremely important. Gaining recognition of the RKBA in international tribunals will go a very long way towards ensuring the U.N., foreign Navies and Coast Guards do respect our rights on the high seas.

You have rightly picked up on the Scalia comment on page 47 of Heller v. DC. It does give lots of hope to the Federal Judiciary guarding our RKBA on interstate and high seas maritime travel. Today my right to sail up the Chesapeake Bay and up the Potomac River with my AR 15 and 1911A1 is not protected, and I could be prosecuted for a felony in Maryland or D.C.

Your lawsuits do seem a little bit over the top. I would recommend that you prepare streamlined lawsuits addressing specific issues. Your legal theories on holding the government boot licking cowards in black robes accountable are entertaining, but in the end only detract from your basically sound legal arguments. I understand your right to put forward new and innovative legal theories, but many will label this as a crackpots filing and dismiss your other well designed pleadings.

Again, thank you for your service and thank you for your efforts in the defense of the RKBA.

Live Free or Die,

Thundar

MY REBUTTAL TO THUNDAR:

My lawsuit may appear to be "over the top" because I pushed the envelope in "pro se" litigation. It was necessary step after 6 years of dealing with corrupt federal judges and the U.S. Department of Justice. I have played my hand. Now it is the federal court's turn with my Motion to Procede to Discovery Phase.

It was raining this morning and I got wet walking in to work. The landscaping guys sprayed roundup yesterday evening, I wonder if it had time to take effect or if it was washed off by the rain. My cat's breath smells like catfood.

GMail and Yahoo have some sort of agreement with RIM where their email is delivered in BIS in what amounts to realtime. It's been that way since BIS 2.1 (or 2.4) or something like that. Someone who knows for sure than confirm that. Yahoo was the first, followed soon after by Gmail. I normally get my Y! messages within 20 seconds whereas Gmail takes a little longer at 1-2 minutes. All of my other BIS entries (account with my ISP, college, HoTMaiL) take the usual 10-15 minute intervals. BES through work, is instantaneous as expected.

For me it's either the BlackBerry or the iPhone. The other devices have weird compromises that I don't care for. Email is great on the BB since the it's super convenient, it's fast, and the email delivery just works (especially with a BES server at work using MS Exchange IBM Lotus Domino, or Novell Groupwise).

The iPhone seems to complement the BB well, (especially with the Web browsing, however the email integration isn't as strong). I'm not really a fan of the aging Palm O/S anymore, nor am I a fan of the aging desktop metaphor that Windows Mobile (born: Windows CE) uses. Though I loved the HP Jornadas and NEC handheld computers running Windows CE back in the 1990's. We used several of those and they did effectively function as notebook replacements in some cases.

Generally, if I can't do it outside of the office with a blackberry, I will reach for my notebook computer (and there are many choices in the 2-4 lb range). Most people have been happy with the BlackBerry 8700s and BlackBerry Curves unless they go into it with the expectation that the PDA is going to function as a notebook replacement Scared. Otherwise, the BB Curve is good for what it is: a mobile email device that has your work address book on it.

For those who have forgotten, the NYPD have decreed it necessary for stopping terrorists, to randomly search backpacks and bags of people (who have not committed crimes) entering the subway. This has been the case for a couple years or more. I've basically tuned it out. I carry a small backpack with just a few provisions in it (water, cookies, magazine, small camera, etc), and I had long since concluded that my backpack was small enough that they would never bother stopping and searching me. Well, they stopped me this morning. I handed over my bag and let them search it - which they did, though it was not a very thorough search. The cop searching my bag asked me "how are you today", which I responded with "ok". No "please", no smile, no "thank you". Pretty much all body language communication. The cop signaled me to stop using his hands, not with words. And wordlessly handed me my bag back when finished.

Supposedly, you can refuse to be searched and exit without the cops doing anything to you. I decided to consent for two reasons - 1) seemed like a grown-up way to behave, and 2) seemed like good practice for the day I ever get busted for something. (At the rate I get stopped for photography, I figure getting busted is sadly inevitable.) I also figured, I've had my bag searched coming and going at the public library, and it was no big deal. And I don't have any contraband on me anyway. But somehow the whole thing still felt like a cop stop and not the same as being searched by the security guard at the library. Maybe it's just me being way too serious.

Quite frankly, considering that they don't search at every station nor every entrance at a given station, and that they allow you to refuse and leave, I don't see how this stops terrorists. In most locations, you can easily walk to the next station or at large stations (which this was) you could sneak in a different entrance) or you can catch a bus right outside the station you are at. So, I'm not in support of this. I've made it a habit when dealing with the cops on the street, to do as they ask and let them do whatever they feel they must do (and hope they don't do anything abysmal), and if things get really out-of-hand, take it to court or a higher authority later. Basically not argue with them.

God this clip show is going to be helpful. I have vague memories of the story, but it has some many damn turns that even I can't keep it straight...

Matt & Claire's Dad & Radioactive man were all together trying to mess up the organization... wasn't matt in on it to or something?

And... Mohinder now works for the company and is trying to fuck them up from the inside.

Claire is off doing.....stuff I can't remember.

Those two mexican kids are trying to come up here, but people keep dieing.

Sylar is out and about doing his usual insanity.

Nathan is flying around, I can't remember, but something is up with his mom.

Oh! Those people in that photo are slowing being killed by somebody (do we know who yet?)

Niki is reunited with her son and husband right? Didn't he get shot or something in lindermans office?

Claire's family has moved again and she has that new boy she likes who is also a hero and flies.

The little girl is awesome and is...still sick? Maybe?

That new brown haired chick that turns into anybody si still around and is a villian.

What am I missing? Frown

My fiancee Stephanie and I are planning on getting married next October and we're working on choosing a venue, caterer, etc. We'd like to find/make cool and inexpensive favors for about 80 people. So far the frontrunner ideas are:

1) small bags of Jelly Bellies in our wedding colors (bonus: they can also be used as centerpieces). Our favorite candy.

2) a calendar designed by Steph featuring our photography (she's a professional photographer, I dabble), pictures of us, etc. We think we could get it printed somewhere like Staples and assemble ourselves for a reasonable cost per piece.

3) a CD featuring our wedding music (heavy on the Motown) and/or our favorite songs. Maybe use Litescribe CDs and burn them with a line graphic of us and the date.

I'd love to hear people's thoughts on things you have found memorable, useful, or charming (or things you've received and immediately tossed out because they were lame/useless/tasteless).

I'm putting this in the Loung because it seems more "stuff"-oriented then relationship-oriented, but feel free to move to the VR if that's a more appropriate venue.

Wait, what?^^

Obviously a brilliant parody of Don's loony off-topic posts in other threads.

Well played, Don Hamrock.

As for Don Hamrick - it's not enough that Dave finally publicizes your blog, and case, for anyone to read, that you have to continue to post buttloads of information that none of us here are interested in reading?

You keep whining that nobody reads your stuff. All you have to do is actually read YOUR stuff to figure out why.

Go away.