Firearms Not Allowed

What happens when one law says that you can and the other law says that you can’t? Well, let’s enter the world of Perplexity and see what we can find.

To begin, we have to look at Count II of the Superseding Indictment. In the Indictment, it reads like this:

(Possession of Firearms and Dangerous Weapons in Federal Facilities)
(18 U.S.C. §§ 930(b) and 2)

On or about January 2, 2016, and continuing through February 12, 2016, in the District of Oregon, defendants [lists names of Defendants], and aided and abetted by each other and by others known and unknown to the grand jury, did knowingly possess or cause to be present a firearm or dangerous weapon in a federal facility located at the Malheur National Wildlife Refuge, and counseled, commanded, induced and procured the commission thereof, with the intent that the firearm or dangerous weapon be used in the commission of a crime, to wit: 18 U.S.C. § 372, Conspiracy to Impede Officers of the United States, in violation of Title 18, United States Code, Sections 930(b) and 2.

So, let’s put that into English, in simple terms, “On or about January 2, 2016, and continuing through February 12, 2016… [The Defendants] did knowingly possess or cause to be present a firearm or dangerous weapon in a federal facility located at the Malheur National Wildlife Refuge… with theintent that the firearm or dangerous weapon be used in the commission of a crime, to wit: 18 U.S.C. § 372.

The first cited statute, 18 US Code §930(b) reads:

(b) Whoever, with intent that a firearm or other dangerous weapon be used in the commission of a crime, knowingly possesses or causes to be present such firearm or dangerous weapon in a Federal facility, or attempts to do so, shall be fined under this title or imprisoned not more than 5 years, or both.

Did those who occupied the Refuge “intend” to shoot anybody; use firearms to force people to leave their duties (18 US Code §372); or, have any other intent than to protect themselves? They had no intention of robbing the place, they had no intention of damaging the facility (instead, they improved it), and, there was no one present for them to impede. This was discussed in a previous article, “Burns Chronicles No 14 - Which Came First, the Rooster or the Egg?”. From all appearances, and absent any evidence to the contrary, their purpose in having firearms was solely one of self-defense (But more on that, later.).  Civil Disobedience, and even Civil Defiance (See Resistance Has Begun), might put one at risk, but then that person has every right to defend himself against an overzealous attack by an overarching government. Absent a lawful warrant: not even the government is justified in shooting someone except in self-defense.

After all, we have about 41 days in which the government claims that something was done, though we are not sure what was done. But, before we get into what was, or was not, done, let’s look at the location, “in a federal facility”.

Then, let’s look at what 18 U.S.C. §§ 930(b) and 2 says. Now, understand that US Code is structured in an outline format, such as:

 (a, b, c)    (1, 2, 3)    (A, B, C)  (i, ii, iii)

There has to be a lower case letter before any subsequent subparagraph. As written, the “(2)” would be subordinate to the “(a)”. However, “930 (a)” has no subordinate. It is followed by “(b)”. Now, I don’t want to say that the US Attorneys are stupid, so I won’t. But, how can someone know what they are charged with when the citation doesn’t make sense?

Now, (b), (c), (f), and (h), have no subordinates (See bottom of the article), but (d) does, in fact, it has a (2), but those are exclusions (does not apply to-).  Then, (e) is rather circular, but (e)(2) is exceptions to (e)(1).

However, (g) has a (2), which may be what just might have been intended, if the US Attorneys knew what they were doing. It says, “(g) As used in this section… The term “dangerous weapon” means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 1/2 inches in length.” Gee, did they mean “(g)”, and just forgot to say it?

Perhaps they wanted to, but did so rather poorly, to assure that the “or other dangerous weapon” was properly defined.

So, now that we have had to assume (You know what that is) what the (2) might have meant, we can go on to the primary element of the charge, which reads:

(a) Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both.

Well, wait just a minute. It says that “whoever knowingly possess… in a federal facility”, but exempts, “as provided in subsection (d)”. So, let’s look at the pertinent portion of subsection (d):

(d) Subsection (a) shall not apply to—

(3) the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.

Oh, I see. If I take a firearm or other dangerous weapon into a federal facility, so long as it is “incident to hunting or other lawful purposes”, then it is okay.

So, now that we think that we understand the law, after playing legal hopscotch, we can begin to look at what might be lawful, and what might not be lawful. To do so, we have to understand that those at the Malheur National Wildlife Refuge (MNWR) are probably more qualified to make that determination than some FBI geek in Portland. In fact, under the authority of the US Fish and Wildlife Service, MNWR published a brochure that is made available at the Refuge and other locations in the area. Now, here is what it says about firearms (not to mention “other dangerous weapons”, which it does not):

I can’t say much for the grammar, but we are concerned with intent. It says nothing about any federal regulations; it simply refers to “State regulations”. So, let’s look at what “State regulations” have to say about firearms.

To understand the Oregon statutes, we need to know the foundation. And, what better place to start than with the Preamble to that Constitution:

PREAMBLE

We the people of the State of Oregon to the end that Justice be established, order maintained, and liberty perpetuated, do ordain this Constitution.—

I do like that wording. “Liberty perpetuated” has a very nice ring to it. Now, onto the Bill of Rights, specifically, the right to bear arms:

Article I - Bill of Rights

Section 27. Right to bear arms; military subordinate to civil power.

The people shall have the right to bear arms for the defence of themselves, and the State, but the Military shall be kept in strict subordination to the civil power.

It says that the people “have the right to bear arms for the defence of themselves, and the State”. No problem, as with the Second Amendment, in a question of a distinction between militia and people. The right to self-defense and defense of the State is unquestionable.

So, now we go to the Statutes, particularly Chapter 166, but with the understanding that nothing need be granted, since the Constitution does that. Instead, we find only limitations. Though the Statutes address Concealed Carry, there is no reason to venture into that realm, as there is no mention of concealed, only possession, in the Indictment.

Chapter 166.170 State preemption. (1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.

    (2) Except as expressly authorized by state statute, no county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition. Ordinances that are contrary to this subsection are void

Simplifying (2), we see clearly that “no county, city or other municipal corporation or district may enact civil or criminal ordinances, restrict or prohibit the possession of firearms… Ordinances that are contrary to this subsection are void.” This is consistent with Section 27 of the Oregon Bill of Rights. Now, the statute does grant some specific authorities, such as in,

    166.173 Authority of city or county to regulate possession of loaded firearms in public places. (1) A city or county may adopt ordinances to regulate, restrict or prohibit thepossession of loaded firearms in public places as defined in ORS 161.015.

Note that what is allowed to be regulated is a loaded firearm, though Harney County has no such ordinance.

    166.190 Pointing firearm at another; courts having jurisdiction over offense. Any person over the age of 12 years who, with or without malice, purposely points or aims any loaded or empty pistol, gun, revolver or other firearm, at or toward any other person within range of the firearm, except in self-defense, shall be fined upon conviction in any sum not less than $10 nor more than $500, or be imprisoned in the county jail not less than 10 days nor more than six months, or both.

This, then, would be what amounts to no more than brandishing. You may not, without penalty, point a firearm at someone, “except in self-defense”. Now, that is the very reason that those who occupied the Refuge and set up means of assuring that they could, if necessary, respond, but only in self-defense.

    166.220 Unlawful use of weapon.

(1) A person commits the crime of unlawful use of a weapon if the person:
a) Attempts to use unlawfully against another, or carries or possesses with intent to use unlawfully against another, any dangerous or deadly weapon as defined in ORS 161.015; or
(b) Intentionally discharges a firearm, blowgun, bow and arrow, crossbow or explosive device within the city limits of any city or within residential areas within urban growth boundaries at or in the direction of any person, building, structure or vehicle within the range of the weapon without having legal authority for such discharge.

    (2) This section does not apply to:

    (a) Police officers or military personnel in the lawful performance of their official duties;

    (b) Persons lawfully defending life or property as provided in ORS 161.219;

Here, we see exception for “Persons lawfully defending life or property”. Once again, we see lawful authority to possess the weapons, as was the intention of the people that occupied, peacefully, the Refuge.

So, let’s recap what we have learned.

The federal government, in 18 US Code §930, says that firearms were in Malheur National Wildlife Refuge and were intended to be used in a crime, though no crime was committed, and the government is relying on their belief of the intentions of those who intended only to defend their lives. All of the acceptable under Oregon Revised Statutes, which the government deferred to in their brochure. Now, if the government didn’t mean what they said in the brochure, then it is nothing more than a trap in which to ensnare people, if the government really wants to ensnare someone. But, if that is the case, then the dishonesty of the government is far more egregious than the actions of people that occupied the Refuge (I would suggest “Three Felonies a Day”, by Harvey Silverglate).

I know that the federal government believes that federal law trumps state law. This doesn’t account for the fact that often state law is contrary to federal law (See Camp Lone Star - Massey & The Clash of Laws), but states continue to pass such laws, as it is not contrary to the Constitution. So, if the federal government specifically acquiesces to state law, can they come back, later, and decide that it was okay for them to lie to people?

To me, having covered the misdeeds of government for over two decades, I am not surprised that they have done so. It is wrong for them to assert an undue and unconstitutional authority over both the people and the states. And, as more and more people realize this, the more likely we will see a positive change.

Gary Hunt was a Professional Land Surveyor. Having been the County Surveyor for Orange County, Florida from 1974 to 1978, he began private practice in 1978 and continued as such until 1993, when events in Waco, Texas caused him to leave his business in pursuit of restoring the Constitution.

In 1989, he began researching, investigating and studying history, law and events where the government was “pointing its guns in the wrong direction”. He began publishing a patriot newspaper, “Outpost of Freedom”, in February 1993.

Since that time, he has investigated numerous occurrences, including, Waco, the Murder of Michael Hill, Ohio Militia Chaplain, Oklahoma City Bombing, and other events. He has attended the sites to investigate the events, and has reported on his investigations.

He has continued to report on his findings on the Internet, as well as write articles about other current events; about the history of the Revolutionary era; and the founding documents.

His Internet home page is outpost-of-freedom.com