- that I am an American and that you I have constitutional rights. 2. keep in mind “What right”? Can I pull out of the constitution? And I can pull the right out of the constitution…and I will give you an example: How about the right to travel freely and unencumbered, pursuant to Shapiro v. Thompson, 394 U.S. 618 (1969)? How about the right to keep and bear arms?
Dwane Eugene Kirkland UCC 1-207
bill of rights office
14798803369 HQ 14798803369
Po box 32 London Arkansas
72847
provisions@mail.com
{Argument for the second Amendment}
************
*May it please the court,
Under the compact agreement Iron Clad Contract between government
governed by Constitution and states and people
We the people one of the people in harmony by the supreme law of the
land and not legislative fiat to abrade abrogate infringe encroach the
2
nd amendment and the right to bear arms for essentials of life and
happiness. Are criminals by the taken away to free agency to choose are
be armed.
Special Argument developed I am going to get into an incredibly special
argument…This argument has taken 18 ½ years to develop, and I want you
to pay attention and share this discovery and findings.
This argument is a unique concept that has been honed like a razor,
to a very meticulous edge so that all judges and juris and we the people
can understand what is going on. Obviously, we have established that you
have a constitutional right.
The Constitution is the law even the supreme court justices will
tell that, if asked in a timely manner. Even in supreme case law and
Shepard’s citations and Am jur prudence Constitutional law sections.
And obviously we have established that I am the beneficiary we the
people of the contract. And all people of the United states compact
agreement is the beneficiary of the contract warranty, the 1
st and 2
nd
amendment is in the contract, and is locked in by the 9
th amendment and
10th amendment under the oath protections, and in all sister state
declarations of rights as in the federal laws.
3/3/2023 9:23:15 PM
{For the record}
2
We have established that the constitution is a contract in writing
enforceable in a court of law, and that you have a right to claim specific
performance on the contract. I have clearly made it clear of my
declaratory Questions on the record even though not answered. By the
prosecuting attorneys, and the police officer and even the judge, well
noted.
I have established that it is supposed to be interpreted in my
favor and my claim by my documents and verbal argument in the minute
hearing and omnibus hearing, and was still given a hearing to move
forward, even though I made it clear if they move forward , that I do
not contract with them and told them if they move forward that they are
moving forward illegally and without my permission and without given a
legal lawful determination of the jurisdictions and other pointed out
questions. .
So, I have an honest constitutional belief, they must listen they
listen but moved forward ignored deprived diminished taken away our gun
natural rights given by God and inspired by men and women who have worked
hard to create this strong nation at is beginning and was by the 2
nd
amendment from violators of true freedom,
Now let us take that to the next step” Can a state arbitrarily and
erroneously convert your right into a privilege and issue a license for
the 2
nd amendment gun rights or any additional sub paragraph to take a
locked in essential gun right to bear arms for all personal and private
and commercial to life liberty and justice for all and under the bill
of rights and the 1
st amendments and ones life liberty and happiness
demand make one to have a license and a fee for it?
According to law supreme law of the land that’s not in repugnant
or in conflict.
Example of the merits and in harmony, Murdock v. Pennsylvania, 319
U.S. 105 (1943) (Supreme Court trumps everything else) Murdock is
basically a religious test case. A religious group wanted to go out and
preach among the public as that is their right to evangelize.
Pennsylvania wanted them to have a license to solicit. The group
claimed their first amendment right of life, liberty and the pursuit of
happiness, the right to worship and exercise their religion unencumbered.
All state in harmony can’t take away the 2
nd amendment right of life
liberty.
The essential of protecting of American citizens who are the
designated beneficiary of the iron clad contract and can’t be
unencumbered and encroached and infringed and violated, therefore no
3/3/2023 9:23:15 PM
{For the record}
3
state can issue an illegal conflicting law enforce license for to be
able to exercise the 2
nd amendment.
Anything codes statutes rules proclamations orders by any none law
maker enactments implements shall be in conflict will be void and null
and not bound to any office under the oath and the 2
nd Amendment cant be
abrogated or enforced by legislative fiat so called claimed laws under
trickery schemes hidden conflict of contract issues jurisdiction, so
therefore the 2
nd amendment can not be taken away at all.
The points on the case that are established are “A state may not
impose a charge for the enjoyment of a right granted by the federal
constitution nor the states declarations of rights in harmony as each
states have a bill of rights called declarations of rights.
That a flat license for a 2
nd amendment tax illegal bill of attainder
bill of pain and violations of article 1 sections 9 and 10 of the US
Constitution, here involved restrains in advance the constitutional
liberty of press and religion, and inevitably tends to suppress the
exercise thereof.” That the ordinance is non- discriminatory, and that
it applies also to peddlers of wares and merchandise is immaterial. Also,
under the direct 2
nd amendment tax direct writ of assist and bill of
attainder and bill of pain. {Article 1 section 9, and 10, even at a
state level declaration of rights}
The liberties granted by the 2
nd amendment and first amendment are
in a preferred position. Since the privilege in question is guaranteed
by the federal constitution and exist independently of the state’s
authority even though under the agreement and contract and harmony of
the states, the inquiry as to whether the state has given something for
which it cannot ask a return is irrelevant.
No state may convert a secured liberty into a privilege and issue
a license and a fee for it because the second amendment is locked in and
is construed in favor of the sister states in harmony and the people,
we the people. Now a lot of people will come back to me and say “Well,
I’m not a part of that religious group…It does not apply to me”. You
need to reach. Understand we are not talking about whether you are in
the religious group or not.
Forcing we the people the American citizens and invading and
creating crimes against the people for equity and basic essential of
life and the violate enabling clauses to protect oneself and the family
and the country as a whole and the contract agreement and oath and the
supremacy clause.
3/3/2023 9:23:15 PM
{For the record}
4
If state and the government agreement enforce a law that is void
and null and repugnant by enforcement with military police actions and
repugnant laws coded statutes that obstructs the 2
nd amendment and the
free agency to freely choose.
If American citizens we the people want to contract or have a
license for a second amendment or obstruct one’s life liberty to think
for oneself and travel freely armed in any movement and modern time.
We the people one of the people are talking about here is We are
American citizens We do have rights? And we do have a free agency to
choose without any third arbitrary parties by force or scare tactics or
governmental scheme, or trickery unknown waivers by process and forced
signature or under duress or threat.
Merits of the case in correlations is, what the case says that that
religious and second amendment can’t be abolished or licensed group
exercised their rights timely. That they had a right to worship and
evangelize as they chose, and that the state came in and arbitrarily
converted that right into a privilege and issued a license and a fee for
it. That is totally unconstitutional. The case would also apply to the
second amendment and any other claimed infringed right.
I declare and believe We the people the issues apply as the same
as an American claimed Beneficiary in the matter of the 2
nd amendment
right.
No license for the second amendment is applicable denied and be
implemented taken away or infringed or encroached or abrogated by
legislative fiat of a bill of attainder and so-called forced license,
bill of pain and any illegal enforcement form an unknown contract from
corporations hidden behind the scenes by LLC and foreign institutions
that are operating under the color of law.
No judge no lawyers and no police or any one for that matter can
take the second amendment by any proclamations and legislative rule or
statutes codes.
We the people one of the people took that case as a pioneering
case, and we argue that case for all declared claimed constitutional
rights and any rights violations we think based on conflict with the
American citizens that we can prove by the merits and facts and the
history’s enabling clauses and the supreme law article 6. Paragraph 2,
US Constitution and at the state’s declarations of rights. And the last
sentence of the supremacy clause.
3/3/2023 9:23:15 PM
{For the record}
5
Stating that no laws made can conflict with the 2
nd amendment and
the constitution and what ever is in the contract that is in conflict
is void and null and not bound to any office of any institutions.
The fact of the matter an American citizen. One of we the people
under contract and under agreement with nonforeign institutions, and
only institutions that operate to the letter of the law and the
Constitution contract.
1. that I am an American citizen and that we the people have
constitutional rights.
2. 2. keep in mind “What right”? the 2
nd amendment Can I pull out
of the constitution contract the iron clad contract under the
agreement that is locked in?
3. And I can pull the right out of the constitution…and I will give
you an example: How about the right to travel freely and
unencumbered, pursuant to Shapiro v. Thompson, 394 U.S. 618
(1969)? How about the right to keep and bear arms?
4. Does the state have the right to require a license? and fee
for the exercise of the right? Only according to waiving rights
and entering an unknown contract, and We the people surely do
not waive any rights and do not contract without full
disclosure.
5. We the people are bound to the Constitution in harmony as the
judge and the attorneys and lawyers and all government
institutions and corporations and all under public acts and
insurance by fiduciary omissions and errors are.
And if they do violate or move forward or diminish then it’s a
crime.
We can ignore the license and fee that is in direct conflict with
the 2
nd amendment and illegal bill of attainder and legislative fiat.
The premise of this case is clearly established; NO STATE MAY
CONVERT A SECURED LIBERTY INTO A PRIVILEGE ISSUE A LICENSE AND FEE FOR
IT AND REQUIRE YOU TO HAVE THAT: OTHERWISE,
YOU COMMITTED A CRIME. 2
nd amendment is a liberty secured and is
merits are clear it for the protections of the other amendments and the
bill of rights and all 7 articles and all pertaining to the iron clad
contract the iron clad contract.
3/3/2023 9:23:15 PM
{For the record}
6
**Now comes: Let us jump to the next case: Shuttlesworth v. City
of Birmingham, 373 U.S. 262 (1963) …This is another unique religious
case.
In this case six ministers were accused of inciting to riot and
otherwise create a disturbance…Disturb the peace.
They had a sit-down (this case came down in 1962). The city said
they needed to have a license to have a public gathering.
It went to the Supreme Court, and the Supreme Court said “No, you
don’t have to have a license for the exercise of a 1
st amendment right
to freely assemble.
This applies to the merits of the simple text of the 2
nd amendment
to and plugged in as for the guarantees of the real law v the fake law
and the deceptive deference between fake laws v real laws and the other
violations of the other laws in harmony as of the 14th amendment and the
contract and the bill of rights.
{Ans of article 6 paragraph 2. The supremacy clause}and the 9
th and
the10th amendment and the police powers v the police powers,
The gist of the case is that black American ministers were convicted
in the Alabama State Court of “Aiding and abetting in violation of
criminal trespass ordinance in Birmingham Ala. The only evidence against
them was to the effect that they had incited ten black students to engage
in a sit-in demonstration at a white lunch counter as a protest racial
segregation.
The court held that on the case of Peterson v City of Greenville,
373 U.S. 244 (1963) that the convictions of those ten students for
criminal trespass were constitutionally invalid. Since those convictions
had been set aside it follows that these petitioners did not incite,
aid, or albeit any crime, and therefore the convictions of these
petitioners must be set aside.
Now basically what they were claiming was their constitutional
right to freely assemble; the city was claiming that they had to have a
license to put on a demonstration, which they did not have, and they
were charging them with a criminal trespass,
for not having a valid license to freely assemble and/or protest.
So are you seeing what I am trying to reflect of the mirror and latter,
the 2
nd AMENDMENT be licensed at all and cant be taken away at all and
turned in to equity for judges lawyers and police officers and attorneys
and any private institutions,
3/3/2023 9:23:15 PM
{For the record}
7
the 2
nd amendment is not up for bid or sale or change no license is
required according to the states in harmony of the freedom of basic
protections and life liberty and the pursue of happens and the free
agency to choose and the ability to protect the STATE AND THE PEOPLE AND
ONES FAMILY AND COUNTRY. And all fundamental principles and amendments
and provisions and articles and declarations of rights at all levels.
Now I want you to see the significance of this case in view of the
case we just had. Murdock v Penn clearly established that no state could
convert a secured liberty into a privilege and issue a license and a fee
for it. Shuttlesworth v Birm. {This applies to the 2
nd amendment}
Said that if the state does convert your right into a privilege
and charge a license and a fee for it you can ignore the license and fee
and engage in the right with impunity. {The violators do not have any immunity or excuse
under the supremacy clause for actions and could be held for a subject matter for the charge for the failure of
oath and the constitutional amendment of the 2nd amendment is high felony treason under titl18n US 2183 high
felony treason}
That means they cannot punish you…they must let you go. But the
violators can be punished, It is especially important that you understand
first your constitution is the supreme law of the land and that you have
that right, and that right shall not be infringed, and it is supposed
to be enforced in favor of you, the clearly intended and expressly
designated beneficiary. {Of the iron clad contract}
It is especially important that you understand that no state may
convert that right into a privilege and issue a license and fee for it,
and if they do. Shuttlesworth says you can ignore the license and engage
in the right with impunity…
They cannot punish you. Now, the next case is especially important,
and it is important that you see the argument. U. S. v Bishop, 412 U.
S. 346 (1973) …Basically what Bishop does is it sets a standard for what
constitutes a criminal violation in terms of willful intent? Willfulness
is one of the elements which is required to be proven.
In any criminal element you must prove that 1. You are the party,
2. That you had a method or opportunity to do a thing, and 3. That you
did so with a willful intent. Now, when we get to willful intent, willful
is defined as an evil motive or intent to avoid a known duty or task
under the law with immoral uncertainty.
Obviously, you have decided that you have relied on the United
States Constitution, and you have relied on the decisions of the supreme
court. So, could you have willfully done any deed or crime? By having
a guaranteed right of the 2
nd amendment for protections of the self and
3/3/2023 9:23:15 PM
{For the record}
8
the family and the state and the country? Obviously not. So, this case
stipulates that you have a perfect defense for the element of
willfulness. And no actual elements of a crime and no main element a
victim.
Since the burden on the prosecution is to prove that you did
willfully and knowingly avoid a known duty or task under the law with
immoral certainty, he cannot perform that task and use any conflicting
so called laws sub paragraph or any legislative fiat, because you
obviously have your constitutional immunity to that.
The previous case, Shuttlesworth says they could not even punish
you. The case before that said you do not even need a license for the
exercise of a right. And the case before that said your constitutional
right is supreme over any state law. The 2
nd amendment is a right and has
been all the way back to the 13 original colonies and even furthermore
back in history and laws by the enabling clause prior Constitutions and
even all the way back to the mega carta.
So, if they pass a law in violation of your constitution, the
constitution overwhelms the state law, so the law does not even exist
in law. And remember the state Constitutions say the same thing as the
supreme law of the land.
Now, since the prosecutor does not have a cause of action for which
relief can be granted and has no authority and not bound to any office
to take the 2
nd amendment away are change it or sale it or license it or
anything else for that matter,
May it please we the people one of the people and the government
that is under the contract of Constitutional to govern by the agreement
and do not violate the 2
nd amendment and ay fundamental principles and
amendment and provisions declarations of rights at all levels,
you honor or whom it may concerns would it please the court, counsel
is specifically precluded from performing his major task, therefore,
your honor, would it please the court at this time we would we the people
one of the people under claimed designated beneficiary would motion most
graciously for dismissal with prejudice for failure to state a cause of
action for which relief may be granted.
by this honorable court, and I’d kind of like to collect my costs
and fees for having to defend this patently frivolous and spurious
complaint and violations of the 2
nd amendment, sir, may it please the
court. {My bill is attached} {My pain and suffering letter is attached}
3/3/2023 9:23:15 PM
{For the record}
9
The government under agreement contract and the real law, the state
does not have the right to convert that right into a privilege and attack
or infringe and cannot punish we the people one of the people the claimed
designated beneficiaries they do, and then a claim that the prosecutor
cannot prove willfulness so you.
obviously, no crime, we the people one of the people demand for a
dismissal, which is our right, and now submits a bill and this document
for the record.
My costs and fees for having to defend this frivolous case of the
deprives and attempt to diminish the 2
nd amendment by conflicting laws,
may it please the court.
Having a gun without a license is not a crime. Obviously, we have
a right to the 2
nd amendment. Nothing else can be added to a as a sub
paragraph to implement the taken of the 2
nd amendment.
Nor any elements of a crime. Courts are not to take a basic
essential alienable right 2
nd amendment that is a declared right and turn
it into equity or convert it into a crime. The infractions writ of
assist and bill of attainder and declared by any beneficiary an American
in agreement by contract law or any repugnant codes statutes and
proclamations and orders and police policies, bill of pain is illegal.
No legislative can abrogate or diminish break down supreme laws at
any level. They are to know the law and make laws that are not in
conflict.
The judges the lawyers and the police officers are to protect the
guaranteed supreme laws of the land and be bound to the oath of their
office and the promise by their delegated authority.
Even supreme laws that are repugnant laws if any are claimed. No
institutions can make laws in conflict with the American people’s
contract that is guaranteed. May it please this court or whom it may
concern. This matter should be closed. And all weapons must be returned.
Thank you, Dwane Kirkland, ***** Claimed Beneficiary’s signature,
1-207 1-308/{Dwane Eugene Kirkland UCC 1-207 1-308 w/o prejudice} {sealed
under Gods
laws}_________________________________________________________
Comments
Hey Dwayne,
I took a good close look at this work and it seems like you are on the right track, but I'm not sure what you plan to do with the document and where you will go from here moving forward. I think it could be refined into a perfected filing with some adjustments if that is your intent. Otherwise I say good job and let's keep up the good fight. Would you like me to broadcast this?
yes it for the masses. its a draft. but it very powerful. thank you.
shorten it and make it smother.
I will see what I can do with it if I have your permission to refine it.
yes