L. Neil Smith's
Number 337, September 18, 2005

"Prison Time For Gun Confiscators!"

Letters to the Editor

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Letter from Alan Korwin

Letter from L. Neil Smith

Letter from E.J. Totty

Letter from The Free State Project

Another Letter from E.J. Totty

Letter from Scott Bieser

Yet another Letter from E.J. Totty

Prison Time For Gun Confiscators?
by Alan Korwin, Author
Gun Laws of America

Sometimes called "a novel legal theory"—and a simple and fair response to gun confiscations in Louisiana:

Indict officials who violate the Constitution and trample fundamental rights. Use basic civil-rights laws against these alleged gun-rights offenders—

Federal law 18 USC § 241. "Conspiracy against rights"

The Gist: If two or more people conspire to injure, oppress, threaten or intimidate any person in the free exercise or enjoyment of any right or privilege secured under the Constitution or laws of the United States, they shall be fined, or imprisoned up to ten years, or both. The same penalty applies if two or more people go, in disguise, on the highway, or on the premises of a person, with similar intent to prevent or hinder such rights or privileges.

If death results from such acts, or if such acts include kidnapping, attempted kidnapping, aggravated sexual assault, attempted aggravated sexual assault, or an attempt to kill, they may be fined, imprisoned for any term of years up to life, or put to death. (See also 18-242, 18-1001 and 42-1983.)

Verbatim text of statute:
18 USC § 241. "Conspiracy against rights"
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death. [Notes: June 25, 1948 (171 words); Title 18. Crimes and Criminal Procedure; Part I: Crimes; Chapter 13: Civil Rights.]

Action You Can Take:

1. Hello, I'm a local resident and I have a question for my Senator (or Congressman). pause, listen

2. It concerns civil rights. Have you heard about the gun confiscations in Louisiana?

3. Let me email you some background that will make this easier, is that OK? Then I could call back. (Email any or all of this message as you see fit.) How do you spell your name?

4. I learned that there is a federal law, "18 USC 241" that provides a ten-year prison sentence for anyone who interferes with, and I'm quoting, "the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States."

Where do you think the Senator would stand on indicting the apparently illegal gun confiscators? pause. So would the Senator support disarming the public during emergencies?

WARNING: They will likely balk, tell you it doesn't apply, say you're wrong or make many other excuses. Do not accept that. I'll help you if some excuse seems impassable; they're not, I've heard a ton, they all fall once you look closely. Insist on enforcement of the plain clear language of the law. The authorities are not above the law, and they must be brought to justice.

Just fair play.

Alan Korwin
"We publish the gun laws."

Dear Ken—

"Spirit of the staircase"—that's what the French call it when you think of some snappy comeback later in the evening, when you're going up to bed, that you should have thought of earlier. In this case, in my article last week, "A Moment of Epiphany", I wish I'd said that if uniformed goons are coming to haul me and my family out of our house at gunpoint, steal our weapons, and herd us off to a filthy, dangerous indoor concentration camp, then I want them to respond late. Or preferably not at all.

L. Neil Smith

Dear Mr. Ed/Editor/Ken, and Wendy,

Re.: "Paternity Case Marks Progress for Defrauded Fathers", by Wendy McElroy

Interesting story—to say the least!

But, I wonder: Why has not the "father" in that case not pressed for criminal charges against the principles, for conspiracy?

And, is there a statute of limitations against pressing charges for that as well?

Now, regarding your remarks concerning infidelity in marriage—where the law is concerned?

I quite agree, as "no man-made law has ever stopped anything from happening."

But a fraud in marriage should never go unpunished.

A marriage vow is an oath: It's all about fidelity.

Infidelity in marriage is worse than treason against one's own country and fellow citizens: It is a calumny against the whole family, and it makes a mockery of the whole institution of marriage.

As my old man once said to me: If you can't keep your pants up, then at least keep them down, so that the rest of the world will know what you are about.

E.J. Totty

FSP News—September 2005

The Life of Freedom

Whenever I think of freedom I think it looks a lot like New Hampshire. Because of all the freedom loving people who live here, this state becomes freedom. With the colors of the great outdoors, the free-thinking can do anything as long as it follows the two fundamental laws: do all that you have agreed to do, and do not encroach on other persons or their property. The taste of it is as sweet as a violet lollipop on a stick. Sappy and piney, the smell has a natural scent to it. Liberty has a way of making persons want to change the all-powerful government.
—Kira Dillon, Age 14, New Hampshire

FSP Participants affected by Hurricane Katrina: FSP Participant and Friend networks are in place all around the U.S. If you need temporary lodging or help, or if you are ready to re-locate to NH now, please contact us.While we are not set up to handle disaster relief, many have expressed the desire to help. Call the FSP general number - 888 532-4604 if you have a return phone number, or email us. We will do our very best to put you in touch with Porcupines with the ability to offer assistance to you and your family, whether in your area or in NH.

We have a new Volunteer Coordinator, Nik Ludwig, and a new Assistant Volunteer Coordinator, Tim Bauman. Nik and Tim are working on setting up the structure to facilitate the involvement of many, many new volunteers for the FSP. In the meantime, to get involved go to the FSP Activist Center and watch the FSP Home page for the posting of many new ways for you to help out.

Nik announces the first important opening for your consideration:


Achieving Liberty in our Lifetime takes all kinds of resources, including money of course! The FSP is currently seeking an individual to lead and direct our fundraising efforts. As a purely volunteer organization, the FSP operates totally via donations. Are you a persuasive communicator? Enjoy hobnobbing with the rich (and not so rich) and famous? Have some experience in organizing and managing fundraising events? OK with asking folks to dig in their pocketbooks for the cause of freedom? If so, this job is made for you!

Your mission will be to lead and direct all the fundraising of the FSP. You will work with the FSP Treasurer and VP of Operations to meet the needs of the FSP and to initiate new fundraising events and projects. You will manage a fundraising budget and have access to volunteers and resources to help you in your efforts. If this sounds like just what you've been looking for, then please contact Nik Ludwig or Tim Bauman for more information, and thank you for helping bring about Liberty in our Lifetime!

New to the FSP? Or, maybe you've never run across this yet; The FSP Timeline is an up to date chronology of notable events in the brief history of the FSP, beginning with Jason Soren's original article published in The Libertarian Enterprise on July 21, 2001 and continuing to today.

PorcFest 2005 Wrap-up

Report from PorcFest—by Varrin Swearingen, PorcFest Czar 2005

Kate Rick is the Freedom Festival Coordinator for 2006! Dates and location for the next PorcFest will be announced soon...

PorcFest 2005 Reports by Bill Walker and Chris Lopez have been posted.

PorcFest 2005 merchandise is still available.

The LIAISONS CORNER is new on the FSP website and features interviews with our Liaison Leaders—Participants who are members of, or associated with a particular community or group. The first interview is with Marc Cohen, Liaison for the Jewish community. From the interview with Marc, "We have the ability to become a nation of upright citizens who take responsibility for their own lives and local communities instead of waiting for our "Nanny" to take care of us."

Free Talk Live (FTL), the syndicated radio show, which is run by Porcupines and partially sponsored by Porcupines, continues to draw in new FSP Participants and Friends. In June, 6.5% of new sign-ups were attributed to FTL. In July it rose to 10.8% and in August it was up to 11.1%! The show was also voted the #1 Podcast for August and September—listen in online or on the radio and then vote. This top status earned FTL press from the Chicago Tribune and London's Financial Times. FTL announces three new affiliate stations; 1440 KMLB Monroe, LA , 960 KGWA Oklahoma City/Enid, OK. And, 980 KBBO Yakima, WA is scheduled to be added this month as well.

"You, dear libertarian reader, will need to open yourself up to other possibilities. What is needed is a place where the people have a strong cultural respect for personal freedoms and responsibilities."—Morey Straus, in his inspirational new essay

Lots of new photos in the FSP Photo Gallery!

The FSP is full of activists that stand up for liberty in new and innovative ways, as evidenced by the individuals referenced throughout this newsletter! FSP Participants, both inside and outside of NH, have recently been involved in issues such as eminent domain and civil disobedience. There is a new section of the website called Issues in the News that examines these issues in more detail.

The New Pilgrim Chronicles: One man's story of the trials and rewards of moving to the Free State by Brian Wright has just posted week 6. Have you been keeping up with Brian's New Hampshire saga?

News In New Hampshire

Eminent Domain in NH update: From the New Hampshire Union Leader—House Committee seeks to restrict eminent domain powers, August 26, 2005. "The House committee voted to recommend that the Legislature define the words 'public use' clearly and narrowly. It would then substitute 'public use' anywhere the term 'public purpose' appears in state law." The NH House committee is seeking to strengthen the state's language concerning the use of eminent domain. Also see the Castle Coalition's most recent overview of NH law covering the period 1998-2002.

NH loves its VNTYPL8s—17.7% of New Hampshire's registered passenger vehicles have vanity plates. NH vanity plate fees are among the lowest in the country. NH culture from The Hippo, Manchester.

Keith Murphy made great, longstanding contributions to the FSP while he was a part of leadership. In January of this year, Keith moved to NH, where he's been active with the New Hampshire Liberty Alliance and is a candidate for Selectman in Manchester's Ward 3. From the Union Leader, Keith has some insightful thoughts about NH in a recent Union Leader Guest Commentary.

Free State Participant Karl Beisel, of the Concerned Taxpayers of Manchester, works to get a budget limiting charter amendment on the Manchester, NH ballot! The charter amendment would limit Manchester's spending to the rate of inflation measured over the three previous years. Related Union Leader article.

The NH Liberty Calendar lists the upcoming events of 30 liberty-minded organizations.

New Hampshire News Reporters needed for the FSP News—contact the editor
Content submissions are welcome at any time
Past issues of the FSP News are available

Participants: 6,746
Participants in NH: 377
as of September 15, 2005

Free State Project

Dear Mr. Ed/Editor/Ken,

Re.: http://news.scotsman.com/index.cfm?id=1920362005

Salient point: "Meanwhile, Americans are still struggling to come to terms with the fact that the rest of the world dislikes the United States. That's when foreigners don't actually despise America. The United States can cope with envy, but it finds hatred hard to deal with. This too is a blow to American self-esteem."

One wonders if the editor hasn't actually touched a nerve here. Not mine, certainly! But I wonder whether most US citizens have a concept of what the rest of the world thinks of them.

Really, I do wonder. Most people I associate with on a daily basis, don't even begin to appear to contemplate the matter in even the least significant of terms.

It's as though they—the American citizens—have no concept of the "external."

I'm reminded of the old piece of poetry: I shoot an arrow into the air, and where it lands I do not care.

One has to wonder whether most Americans actually give a damn about what their government is doing in their name.

Smedley Butler had a few choice words here.

And, someone by the name of Smith is correct in his assertion: Anything as large as government is uncaring in its actions if only that it is seen as moving in the name of the current fad, and the least are as ants beneath its overbearing weight of action.

Now, he's never said it in just that way, but the gist of his words certainly impart the thought.

E.J. Totty

Just a note to all who might be interested that I have moved my blog to a new site, placing it under the Big Head Press banner.

Big Head Press, for those who don't know, is my publisher. It's also my brother, Frank. It pays to have libertarian relatives with a little extra cash.

For some of you, this will be the first notice you receive that I even have a blog. I apologize for the oversight. I'll be posting whatever occurs to me, sometimes cartoons but mostly textual musings.

Anyway, the new URL is http://www.bigheadpress.com/TheTimeSink/

This move is part of an ongoing major revamp of the Big Head Press website, in anticipation of a new direction the company will be taking starting in 2006. I will try to keep everyone informed of developments when the time is right.

Scott Bieser
my Cafe Press store:

Dear Mr. Ed/Editor/Ken,

Re.: http://seattletimes.nwsource.com/html/businesstechnology/2002495778_healthcare15.html

Well, imagine this: Medical care (i.e. "heath care"—in the new way of speaking), is going to be so "un-affordable" by the locals, that, well, government will simply have to collect "extra taxes" in order to "make ends meet!"

Yeah! And in order to make sure that I don't impregnate myself, I'll just have to wear Latex® gloves whenever I masturbate, eh?

If only things were that simple...

E.J. Totty

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