Posts Tagged With: violation

Calif. concealed weapon law tossed by fed appeals court……


SAN FRANCISCO –  A divided federal appeals court on Thursday struck down California’s concealed weapons rules, saying they violate the Second Amendment right to bear arms.

By a 2-1 vote, the three-judge panel of the 9th U.S. Circuit Court of Appeals said California was wrong to require applicants to show good cause to receive a permit to carry a concealed weapon.

“The right to bear arms includes the right to carry an operable firearm outside the home for the lawful purpose of self-defense,” Judge Diarmuid O’Scannlain wrote for the majority.

Judge Sidney Thomas dissented, writing that the good cause requirement limited the number of people carrying concealed handguns in public to those legitimately in need.

“It limits the risk to public safety by reducing the number of guns in public circulation, but allows those who will most likely need to defend themselves in public to carry a handgun,” Thomas wrote.

Awarding concealed weapon permits is the responsibility of each of California’s 58 counties. Officials are required to follow the state rules requiring applicants to show good cause and moral character.

The San Francisco-based appeals court said those requirements were too strict and ran afoul of a 5-4 landmark U.S. Supreme Court ruling in 2008 that struck down a Washington, D.C., handgun ban and said law-abiding citizens are allowed to have handguns in their home for self-defense.

The appeals court on Thursday reinstated a lawsuit filed in 2009 by Edward Peruta, who challenged San Diego County’s denial of a concealed weapons permit.

The ruling on Thursday also disagreed with three other federal appeals courts that have upheld permit rules similar to the one in California.

The U.S. Supreme Court often takes cases when federal appeals courts issue conflicting rulings.

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Obama Puts Spies in Charge of Investigating Spies…..


A majority of Americans now consider Edward Snowden to be a whistle-blower, not a traitor. And numerous members of Congress want more checks and balances on the National Security Agency’s spying programs that Snowden exposed. Before Congress’s summer vacation began last week, Justin Amash, a Republican representative from Michigan, got more traction than expected for an amendment he sponsored that would have curbed the NSA’s ability to scoop up records in bulk.

All this adds up to a public-relations headache for President Obama. Which is why, during the press conference he held last week, Obama promised more scrutiny of U.S. intelligence. “It’s not enough for me, as president, to have confidence in these programs,” he said. “The American people need to have confidence in them, as well.” Among the reform proposals he floated was a panel of independent outsiders that could look at what the NSA is collecting, and how, and suggest changes to protect Americans’ civil liberties. On Monday, Obama followed through and ordered the formation of such a panel—but it’s not exactly what you’d call independent.

The Review Group on Intelligence Communications and Technologies (RGOICAT?) will be headed by Director of National Intelligence James Clapper, aka the official who currently oversees the spying in question. And it’s not yet clear whether the board will have any real government outsiders on it, or if they’ll all be insiders. In a memo yesterday, Clapper said he’ll be assembling the panel.

Also, per the president’s memo, the panel’s first priority appears to be making sure that federal programs guarantee the country’s national security (which, presumably they already do), rather than ensuring the NSA isn’t abusing its power. Obama wrote:

“The Review Group will assess whether, in light of advancements in communications technologies, the U.S. employs its technical collection capabilities in a manner that optimally protects our national security and advances our foreign policy while appropriately accounting for other policy considerations, such as the risk of unauthorized disclosure and our need to maintain the public trust.”

Under Clapper’s direction, the board is supposed to issue its first set of findings within 60 days—to the president. Meanwhile, the truly independent privacy and civil liberties board the U.S. has already set up to keep watch over spying programs continues to be ignored.

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Federal Judge O’Connor to rule against Obama on Illegal Aliens…or as Judge Judy would say “Whack his pee-pee”


A federal judge has a message for President Obama: Stop bypassing Congress on immigration.

Obama issued a directive in June 2012 halting the deportation of many young illegal aliens after Congress refused to pass the DREAM Act, which would have provided conditional permanent residency to young illegals.

A federal judge in Dallas is now threatening to reverse that directive.

U.S. District Judge Reed O’Connor said Tuesday that he will likely rule in favor of a lawsuit seeking to overturn the new policy. He has asked both sides to file additional arguments by May 6.

The administration’s policy directs U.S. Immigration and Customs, or ICE, agents to defer deportation for illegal aliens under 30 who entered the country before the age of 16, are in school or have a high school diploma, haven’t been convicted of a felony, significant misdemeanor or multiple misdemeanors and are not a threat to public safety or national security.

The ICE agent union challenged the policy, arguing that the Obama administration is disciplining agents who enforce federal immigration law.

The president of that union, the National Immigration and Customs Enforcement Council, also said the policy is being abused.

In his April 8 testimony, Christopher L. Crane said, “Officers are applying the directive to people detained in jails, not kids in school.”

He told the court, “It is now the story in the jails for aliens to use to avoid arrest and deportation.”

Those aliens appear to be taking advantage of the policy with great success. National Review found, “Since the policy took effect in August 2012, the Obama administration has approved 268,361 applications for ‘deferred action’ status, and denied just 1,377 – an approval rate of 99.5 percent.”

While critics argue the policy is ineffective in securing the border, Judge O’Connor indicated it’s also illegal for the Obama administration to tell immigration agents not to arrest an illegal alien who is a low priority.

“The court finds that DHS (Department of Homeland Security) does not have discretion to refuse to initiate removal proceedings,” Judge O’Connor wrote.

O’Connor issued a court order stating that Congress, not the president, sets priorities for arresting illegal aliens and that the law requires them to face deportation.

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Obama threatens veterans’ gun rights……


The Obama administration has launched into a campaign that threatens the Second Amendment rights of American military veterans.

You won’t believe the “warning” letters the vets are receiving from the feds.
DISARMING AMERICA’S HEROES: Veterans Receiving Letters Prohibiting The Purchase, Possession, Receipt, Or Transport Of A Firearm Or Ammunition…

Follow the link below to see the actual letters that Veteran’s are receiving:
http://redflagnews.com/headlines/disarming-americas-heros-veterans-receiving-official-letters-prohibiting-them-from-purchasing-possessing-receiving-or-transporting-a-firearm-or-ammunition

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Court: Obama NLRB recess appointments unconstitutional…..


A federal appeals court panel unanimously agreed that President Obama violated the Constitution last year by appointing three members to the National Labor Relations Board while the Senate was not technically in recess, circumventing Senate Republicans who had held up his picks for months.
The D.C. circuit court’s ruling could also raise questions about Obama’s recess appointment of Richard Cordray to lead the Consumer Financial Protection Bureau, which is being challenged in a separate case.
If the ruling stands, it would invalidate all the decisions made by the NLRB since the appointees joined the board.

Categories: Politics | Tags: , , , , , , , | 2 Comments

Supremes docket income tax challenge…outcome if accepted could change the IRS


The government calls those who argue the income tax has no legal foundation “tax protesters” and labels their arguments “frivolous.” And usually judges toss their arguments out of court, assess them court costs on top of taxes, interest and penalties, and sometimes even threaten them if they file further cases.

But now the U.S. Supreme Court – the nine judges who sit on the bench in Washington by virtue of their selection by presidents and confirmation by the U.S. Senate – has docketed exactly that type of case.
The results? Who knows, considering the radical arguments offered by the pro se plaintiff, Jeffrey Thomas Maehr, a Colorado chiropractor who has been involved in a number of business ventures, including PureHealthSystems.com.

Among Maehr’s contentions is that while the government has the legal authority to tax, the Internal Revenue Service has used “unlawful, unconstitutional, unfair and biased” manipulations to assess income taxes on that which is not income – essentially salaries and wages.

Basing his argument on 10 years’ worth of research into tax law, he concludes that salaries and wages are the result of the mutual agreement among participants to exchange labor for money – and that’s not income.

Income, he said, is the increased value of an asset, such as interest on money in a bank account, which can be subjected to income tax.

He told WND his arguments repeatedly have been tossed from courthouses – in his case, nine times over the years – and he’s anxious to see what the Supreme Court justices may decide.

In his petition to the court, he said, “The gravity of these fundamental law questions have never been properly adjudicated, and the evidence in fact available proves without a doubt that the taxation scheme being implemented against petitioner, and all Americans, is fundamentally and profoundly unlawful, unconstitutional, unfair and biased, and is evidence of ongoing, willful, deliberate, and unconscionable fraud.”
WND contacted the office of the U.S. Solicitor General, listed on the Supreme Court website as the defense counsel for the IRS, and office staff who answered the phone refused to comment. WND was transferred to an office for the U.S. attorney general, where officials also declined to comment.

Maehr says information about the case is at the Foundation for Truth in Law.

Officials with the Supreme Court said while the case has been docketed, and a response from the IRS already has been scheduled, the justices still must hold a conference on the case to determine whether, in fact, they will review the arguments.

Maehr wrote in his petition for judicial review that he’s been the victim of administrative bludgeoning used by the IRS to quell citizens with objections as well as questions.

“Petitioner was denied due process, over and over again. Petitioner’s evidence was dismissed without consideration. Petitioner was unlawfully assessed outside lawful means. Petitioner’s evidence that ‘income’ is not wages or payment for labor is clearly supported by court precedent. Petition was mistreated, and the courts unlawfully ruled without regard to respondent’s standing to be acting against him,” he said.

“Respondent is taxing outside clear constitutional parameters, presumptively labeling he, and all Americans as ‘taxpayers,’ apart from any mechanism of law. Respondent is wantonly promoting the mandatory filing of the 1040 form which is clearly in violation of the Paperwork Reduction Act. Respondent has not produced the law with the IR Code which makes petitioner or any American ‘personally’ liable for filing the 1040 form, let alone other ‘requirements.’”

A copy of a ruling from the 10th U.S. Circuit Court of Appeals in Denver, before judges Michael Murphy, Bobby Baldock and Harris Hartz, was included in Maehr’s filing. It appears to support Maehr’s argument, because the judges, without responding to his questions and challenges to the constitutionality of the issue, labeled the claims “frivolous” and claimed Maehr’s petition “contains no valid challenges.”

Maehr’s arguments cite a wide range of historical court and congressional statements regarding taxes. For example, Blacks Law Dictionary calls income tax “a tax on the yearly profits arising from property, professions, trades and offices.”

Maehr argues wages are not “profits”; they are simply the result of an exchange of labor for money. Pointing out that businesses routinely pay taxes on “profits,” he noted taxes are not assessed on the expenses of the business.
Simply, the labor of an individual is the “expense” required to obtain the money, so it is not “profit.” To determine otherwise would be to subject corporations such as Wal-Mart to “income taxes” on 100 percent of their cash register receipts, he argues.

The court itself said an 1883 case, “It has been well said that, the property which every man has in his own labor, as it is the original foundation of all other property, so it is the most sacred and inviolable.”

In 1969, the court ruled: “Whatever may constitute income, therefore, must have the essential feature of gain to the recipient. This was true when the 16th amendment became effective. … If there is no gain, there is no income. … [Income] is not synonymous with receipts.”

And a 1946 case stated, “Reasonable compensation for labor or services rendered is not profit.”

“The elements of this case involve respondent/IRS administrative functions being implemented under color of law,” Maehr wrote. “In 2003, petitioner began requesting answers to constitutional questions regarding respondent’s positions in application of its taxation process, but which, since 2003, have been completely ignored and labeled as ‘frivolous’ and he was told that if he wanted any answers, it would have to be found ‘in the courts.’

“The essential, foundational, original intent of Congress regarding ‘income’ taxation and tax authority has been slowly perverted over the decades with actions under color of law,” Maehr continued. “The original intent was known long ago, and supported by this honorable court, but which have been twisted to mean something completely different today. Despite the quoted cases by respondent in response to petition, claiming arguments were only ‘frivolous,’ none of these cited court cases have ever had evidence in fact entered into the record, or presented as evidence to refute petitioner’s, or anyone else’s, lawful challenges to ‘prove’ them ‘frivolous’ outside hearsay and presumption.”

Among the specific questions raised: Is income tax a direct or indirect tax? What defined “income” when the income tax was adopted? What is the constitutional status of the IRS, and when do the IRS administrative procedures violate due process?

“The logical question to ask is, if petitioner is violating any laws … why is he NOT charged with criminal actions? Why is respondent taking the circuitous route using ‘administrative’ ploys, summons, and alleged ‘deficiency’ notices? The answer is because it has deceived the courts, and knows it has accomplices in committing this easy fraud using them, and it knows it cannot bring criminal charges against petition due to the record created by petition proving no such ‘failure’ would stand up in court, but would expose the ‘income’ taxation scam.”

The Supreme Court said the government’s response is due Oct. 11.

Maehr told WND that the IRS bases its existence on the “premise that the 16th Amendment allows direct unapportioned taxes on people, which it does not.”

The fight is over the fact that when one individual exchanges a $10 bill for two $5 bills from another person, there is no “profit.” Substituting labor for either side of that agreement also does not create “profit,” he said.

It’s actually not the first time the challenge has been in court. WND reported in 2007 when the Internal Revenue Service lost a lawyer’s challenge in front of a jury to prove a constitutional foundation for the nation’s income tax.

At the time, lawyer Tom Cryer told WND after a jury acquitted him of two criminal tax counts that the IRS was a “fraud, backed up by intimidation and extortion and by the sheer force of taking peoples property and hard-earned money without any lawful authorization whatsoever.”

Cryer, who has since died, told WND that the simple truth is income is not necessarily any money that comes to a person, but a rather category such as profit and interest.

He said the free exchange of labor for compensation has been upheld as a right by the Supreme Court, but that doesn’t necessarily make the compensation income.

He said at the time if ever such an argument were to be presented widely, there could be huge changes required in the way the federal government operates.

“The Founding Fathers intentionally restricted the taxing powers of the new federal government as a measure of restraint on its size. By exceeding that limited taxing authority the federal government has been able to obtain resources beyond its intended reach, and that money has enabled the federal government to exceed its authority,” he said.

The jury in U.S. District Court in Louisiana voted 12-0 to find Cryer, of Shreveport, not guilty of failure to file income taxes for two years. He had been indicted in 2006 on charges of failing to pay $73,000 to the IRS in 2000 and 2001.

At the time, spokesman Robert Marvin in Washington’s IRS office told WND the Internal Revenue Code provides for taxation on salaries or wages, but when pressed for a specific citation or constitutional provision, he said, “I can’t comment.”

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