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Judge Tells Marine to Choose Between 2A Rights And Fostering Grandson

July 19, 2017 by Beth Baumann

On Monday, the Second Amendment Foundation (SAF) filed a lawsuit against Michigan’s Department of Health and Human Services (MDHHS) for impeding on foster and adoptive parents’ Second Amendment rights.

SAF filed the lawsuit on behalf of two couples: William and Jill Johnson and Brian and Naomi Mason.

The Johnsons were going to take custody of their grandson to keep him from going into foster care. When they went to pick up their grandson, William, a retired, disabled Marine with a Concealed Pistol License (CPL), was searched for a firearm. He was not carrying a firearm at the time. At that point, agency officials told the Johnsons that they would be required to provide all firearms’ serial numbers to the agency as part of a registry. When Johnson questioned agency workers, he was given a surprising response.

“If you want to care for your grandson you will have to give up some of your constitutional rights,” a MDHHS worker retorted.

When the Johnsons appeared before a Gogebic County Court judge, the judge reiterated the agency worker’s statement.

“We know we are violating numerous constitutional rights here, but if you do not comply, we will remove the boy from your home,” the judge said.

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  1. ““We know we are violating numerous constitutional rights here, but if you do not comply, we will remove the boy from your home,” the judge said.”

    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.”

    I vote go for the death penalty, there is NO EXCUSE for a judge to not know that he cannot go against a persons Natural Rights, as is required to PROTECT THEM as part of the duties of those that serve within our governments.

    then we have the Supreme LAW, and the (supreme – meaning highest, its requirements are first) contract being broken also.

    John Adams: “Property is surely a right of mankind, as really as liberty”.

    James Madison: “Government is instituted to protect property of every sort; as well that which lies in the various rights of individuals, as that which the term particularly expresses. This being the end of government, that alone is a just government, which impartially secures to every man, whatever is his own.”

    “The basic purpose of a written constitution has a two-fold aspect, first securing [not granting] to the people of certain unchangeable rights and remedies, and second, the curtailment of unrestricted governmental activity within certain defined spheres.” Du Pont v. Du Pont, 85 A 724.

    1. He committed a fraud upon the court in open court!!!

      Whenever any officer of the court commits fraud during a proceeding in court, he/she is engaged in “fraud upon the court”. In Bullock v. United states, 763 F.2d 1115, 1121 (10th Cir. 1985), the court stated “Fraud upon the court is fraud which is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents, false statements or perjury…where a judge has not performed his/her judicial function — thus where the impartial functions of the court have been directly corrupted.”
      “Fraud upon the court” has been defined by the 7th Circuit Court of Appeals to “embrace that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery can not perform in the usual manner it impartial tasks of adjudging cases that are presented for adjudication. “Kenner v C.I.R., 387 F.3d 689(1968); 7 Moore’s Federal Practice, 2d ed., p. 512, 60:23. The 7th Circuit further stated “a decision produced by fraud upon the court is not in essence a decision at all, and never becomes final.”

  2. O.K. there are several of you fellows and Linda that seem to know and abide by the Constitution more than most. We need some leadership NOW! who to contact. Just off the top of my head I would say the President and his DOJ. He (the President promised to hold the second amendment together.) This so-called judge and his minions are in obvious violation and unless this is quickly brought under control we might as well turn in our guns, our property and most cherished by you all your freedom. For me it is my God. I mean lets face it we seem to very well to talk the talk, but can we walk the walk also?

  3. CharlieBROWN,
    From my own personal standpoint I emailed the Sheriff, Undersheriff and also sent an email directly to the judge (I think it’s Judge Michael Pope, Circuit Court) along with the judge’s assistant. The Circuit Court handles ‘child cases’ and such topics and there is only one judge. I also posted the same info. on the county facebook page and the sheriff’s fb page. I’ve asked for responses. None have come in yet. Again, this is only from my personal standpoint. If there were a group of people doing the same thing and yes maybe contact the US DOJ and AG Sessions, that might help. Just my perspective, though, so it’s only for what anyone thinks it may be worth.

    1. @ Linda, Ya, I understand you do as much as you have the ability to do, but no one else seems to follow or lead and they just get out of the way. God’s speed sister.

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