- This article is about Don Hamrick, an independent candidate for United States Senator from Arkansas. For more information on Don Hamrick's six years of federal litigation over the Second Amendment right to keep and bear arms as an unrepresented civil plaintiff (and ignored by the NRA because his case advocated National Open Carry Handgun as opposed to the NRA's National Reciprocity for Concealed Carry visit his blog at American Common Defence Review.
- 1 Personal Background
- 2 Amateur Radio Operator/KI5SS, Extra Class FCC License
- 3 Education
- 4 Employment History
- 5 Candidacy for the U.S. Senate
- 6 Campaign Issues
- 6.1 No Right to Redress under the First Amendment
- 6.2 No Right to Police Protection
- 6.3 The Human Rights Amendment to the U.S. Constitution
- 6.4 National Open Carry Handgun and the National Drivers Record
- 6.5 An Armed Society is a Polite Society
- 6.6 The Civil Defense Must Be Reinstated
- 6.7 Resurrect the Privateer under the "Letters of Marquee and Reprisals, and make Rules concerning Captures on Land and Water" Through the Congress' War Power under Article 1, Section 8, Clause 11
Hamrick was born in San Antonio, Texas. His father, Don Hamrick, Sr. was a pipe-laying road construction foreman. The nature of the construction industry meant that every year or two there would be a new contract in another state and so the family traveled all over the Southeastern United States from Texas to Floridad, Mississippi, Alabama, Georgia, Arkansas. Parents divorced during his childhood and the traveling continued with his mother.
Amateur Radio Operator/KI5SS, Extra Class FCC License
Don Hamrick is a licensed Extra Class Amateur Radio Operator with the call sign KI5SS. The Extra Class license is the highest class license available from the Federal Communications Commission.
Tom Matheson, Warning Coordination Meteorologist, NWS, Wilmington, North Carolina emailed advice to Local Skywarn Coordinators: [“Think of yourselves as a militia...a citizens group with an interest in protecting their neighbors, in this case against the effects of severe weather...”
Don Hamrick emailed Tom Matheson to verify his quote. Tom Matheson replied back to Don Hamrick with the following email"
Date: Jan 24, 2006 2:38 PM
From: Tom Matheson
To: Don Hamrick
Subject: Re: Please Confirm a Quote
Yes...I have talked-up the idea of Skywarn spotters and the capacity of HAMs to serve as a line of defense much like a militia - I have talked about it for years, and when this got into the Grand Strand web site I can't say.
I know the term "militia" has been greviously maligned as extremist groups have appropriated is as part of their names, but in its original inception it could not have been more patriotic. Patriotism is, in the final analysis, not some blind allegiance to a concept...patriotism begins at home - we're talking about neighbors and protecting them as would a militia against whatever danger there is, in whatever way we can. A volunteer fire dept is a form of a militia, in my thinking.
In terms of communications and Amateur Radio...I don't think you need much from me except to know that HAMs are a rare breed with a public-spirited selfless streak...and in my experience the public airwave spectrum allocated to Amateur Radio has come in handy...during Hurricane Fran, Sep '96, HAMs at NWS Wilmington were contacted on the radio by the NC Governor who thanked them for filling a gap when other communicaitons systems had failed. During major severe weather events, including hurricanes, HAMs have been there to assist the NWS in communications, gathering reports and keeping us abreast of the situation where the rubber meets the road. Our weather radar, satellite and airport observations are great, but we need the Skywarn volunteers to see and report.
I consider the volunteerism I have seen in Amateur Radio Operators as a very high form of patriotism, and I hold them in deep respect. Their reports have led to warning and statement issuances and verification.When a Convective Weather Watch is issued or a hurricane is approaching, we know that they are activating nets and preparing to operate as a team in the defense of their communities...much like the original idea of a militia - the American Heritage Dictionary defines militia as, "a citizen army, as distinct from a body of professional soldiers". In this case, I guess the NWS is the professional soldiers, while the HAMs are using US Government -allocated airwaves for the purpose of supporting the professionals. They do a great job.
So...you like the militia idea? Please give me a call if you'd like.
-Tom Matheson Warning Coordination Meteorologist National Weather Service Wilmington NC
Tom Matheson contacted Greg Romano, Director of Public Affairs, National Weather Service on Don Hamrick's question of official policy on the Amateur Radio Service as a Militia. The official reply is:
“Neither the National Weather Service nor its parent agency, the National Oceanic &
Atmospheric Administration, can issue policy in this matter. As Mr. Matheson states in one of the selected e-mails you provided, his comments are his own opinion, stated within the context of his position as a warning coordination meteorologist with NOAA's National Weather Service. His comments may stand as such.” Greg Romano, Director, Public AffairsNational Weather Service, National Oceanic & Atmospheric Administration
Self-studied in matters of congressional affairs, constitutional and civil rights laws and even in international human rights through six years of federal litigation over the Second Amendment as an unrepresented civil plaintiff fighting for First Amendment right to petition the Government for redress of grievances and the Second Amendment right to "openly" keep and bear arms from a U.S. merchant seaman's point of view but never getting past the Motion to Dismiss because judicial bias and corruption in the federal courts and misconduct in the U.S. Department of Justice blocked his pursuit for his day in court. Don Hamrick thereby achieved his education from his 6 years of federal litigation and life experiences with the federal agencies of the U.S. Government. The lessons in life learned by Don Hamrick from dealing with the U.S Government is that a political nobody who cannot afford an attorney is ignored in spite of the First Amendment right to petition the Government for redress of grievances. This is not what the U.S. Constitution intended for the People today.
Don Hamrick had did seven year tour in the U.S. Coast Guard from 1974 to 1981. During his Coast Guard years he was a radioman aboard the USCG Cutter Vigorous in 1980 during the [[Mariel_boatlift|Mariel Boatlift] when Jimmy Carter was President. He transitioned from the Coast Guard to a 19 year career as a U.S. merchant seaman, 1988 to the present, as a rank and file member of the Seafarers International Union while maintaining a home of record in Arkansas.
But he served the United States in other ways. Since the U.S. Merchant Marine is the life and blood of the United States' economic life and is the supply line for the U.S. military in times of peace and war combined with his seven year service in the U.S. Coast Guard he has spent half his life in service to the United States in active duty and civilian employment.
Candidacy for the U.S. Senate
Don Hamrick has never held public office. Don Hamrick is running for the U.S. Senate as a blue collar independent candidate with ample first hand experience dealing with the federal judicial system as an unrepresented civil plaintiff to know that individual citizen's who cannot afford attorneys are essentially ignored by the federal agencies and the federal courts. From the federal courts own self-assigned absolute immunities from liabilities for errant judicial functions and maliciously misapplying absolute immunities to unlawful administrative functions to rights-stripping federal court opinions such as the following has motivated him to run for the U.S. Senate with intent to initiate legislation for judicial reforms, government reforms, and congressional reforms.
No Right to Redress under the First Amendment
- These scholars [referring to Law Review authors] note that the Petition Clause by its terms refers only to a right "to petition"; it does not also refer to a right to response or official consideration. We the People v. United States, DC Circuit, No. 05-5359(Pg.9).
No Right to Police Protection
- South v. Maryland, 59 U.S. (How.) 396, 15 L.Ed.433 (1856) (the U.S. Supreme Court ruled that local law-enforcement had no duty to protect individuals, but only a general duty to enforce the laws.)
- DeShaney v. Winnebago County Department of Social Services, 489 U.S. 189, 109 S.Ct. 998, 1989 (1989) (There is no merit to petitioner's contention that the State's knowledge of his danger and expressions of willingness to protect him against that danger established a "special relationship" giving rise to an affirmative constitutional duty to protect. While certain "special relationships" created or assumed by the State with respect to particular individuals may give rise to an affirmative duty, enforceable through the Due Process Clause, to provide adequate protection, see Estelle v. Gamble, 429 U.S. 97; Youngberg v. Romeo, 457 U.S. 307, the affirmative duty to protect arises not from the State's knowledge of the individual's predicament or from its expressions of intent to help him, but from the limitations which it has imposed on his freedom to act on his own behalf, through imprisonment, institutionalization, or other similar restraint of personal liberty.)
- Bowers v. Devito, 686 F.2d 616 (7th Cir. 1982) (There is no constitutional right to be protected by the state against being murdered by criminals or madmen. It is monstrous if the state fails to protect its residents against such predators but it does not violate the due process clause of the Fourteenth Amendment, or, we suppose, any other provision of the Constitution. The Constitution is a charter of negative liberties; it tells the state to let the people alone; it does not require the federal government or the state to provide services, even so elementary a service as maintaining law and order.)
- Town of Castle Rock, Colorado v. Jessica Gonzales, individually and a next best friend of her deceased minor children, Gonzales, et al. No. 04-278 (125 S.Ct. 2796) (June 27, 2005). On December 27, 2005 this case was appealed to the international tribunal, Jessica Gonzales v United States, Inter-American Commission on Human Rights (IACHR) in Washington, DC. On July 24, 2007 the IACHR declared the claims in Jessica Lenahan's (formerly Gonzales) Petition No. 1490-05 in IACHR Report No. 52/07, to be admissible in respect to Articles I, II, V, VI, VII, XVIII and XXIV of the American Declaration of the Rights and Duties of Man.
- Don Hamrick v United State, Petition No. 1142-06. Hamrick's case is designed to provide the countermeasure to the No Right to Police Proctection Doctrine of the U.S. Supreme Court. Hamrick's Petition is still in the investigative state at the IACHR.
The Human Rights Amendment to the U.S. Constitution
- The Human Rights Amendment the Don Hamrick proposes incorporates human rights clauses from constitutions of other nations all over the world. The Human Rights Amendment preserves the Bill of Rights through citizen participation in the three elements of justice to be known as the Three Shields of Freedom. The Human Rights Amendment is a refortification of the Bill of Rights to the U.S. Constitution and the International Bill of Human Rights elevating the protection of the sovereign rights of the individual, the States, and the United States against incursions by governments foreign and domestic. The text of The Human Rights Amendment shall read proposed:
“Human rights are created by God and not by Government. Among these are the human right of personal safety, security, and defense of self, family, community, the State, and the United States by force of arms autonomously in a lawful manner proscribed by positive law and social norms or by the militia, whether organized or unorganized in a lawful manner proscribed by positive law against violent crimes, murder, home invasion, and/or governmental tyranny, whether foreign or domestic. The Right of citizens to act in the interest of justice, for equal justice under the law, and for the achievement and the preservation of actual justice, to be known as The Three Shields of Freedom, shall never be trespassed by government, whether foreign or domestic. These rights include the right of citizen’s arrest based upon evidence showing probable cause of felonies committed by government, whether local, state or federal, especially so when such arrest is abdicated by proper law enforcement authorities, whether local, state, or federal. Further included among these human rights is the right to a redress of grievances and a just remedy, whether administrative or judicial, to violations of constitutional rights and human rights, including patterns of behavior maliciously designed to circumvent these rights.”
National Open Carry Handgun and the National Drivers Record
- Wilson v. "State of Arkansas, 33 Ark. 557, 560, 34 Am. Rep. 52 (1878), “But to prohibit the citizen from wearing or carrying a war arm, except upon his own premises or when on a journey traveling through the country with baggage, or when acting as or in aid of an officer, is an unwarranted restriction upon his constitutional right to keep and bear arms. If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege.”
- Presser v. Illinois, 116 U.S. 252, 265 (1886) “It is undoubtedly true that all citizens capable of bearing arms constitute the reserved military force or reserved militia of the United States as well as of the states, and, in view of this prerogative of the general government, as well as of its general powers, the states cannot, even laying the constitutional provision in question out of view, prohibit the people from keeping and bearing arms, so as to deprive the United States of their rightful resource for maintaining the public security, and disable the people from performing their duty to the general government.”
- Simmons v. United States, 390 US 389 (1968), “We find it intolerable that one constitutional right should have to be surrendered in order to assert another.”
- Congressional legislation can be passed into law amending the National Drivers Record, codified in 49 U.S.C. § 30301 – 30308 to add a data field on the driver’s license signifying that the driver is not prohibited from possessing or owning firearms under 18 U.S.C. § 922(g), et seq. By this act the Second Amendment becomes incorporated through the Fourteenth Amendment. All gun control laws, whether local, State or Federal, that inhibits, restricts, or prohibits the right to travel intrastate or interstate while exercising their Second Amendment rights to openly keep and bear arms become null and void. There shall be no more gun free zones. This measure is in compliance with the Common Defence clause of the Preamble to the U.S. Constitution and is necessary to combat predatory crime cropping up in more and more areas of society as a consequence to the disarming measures of gun free zones and gun control laws. This measure negates the NRA's National Reciprocity for Concealed Carry. Law enforcement procedures will have to addapt to this necessary restoration of Second Amendment rights.
An Armed Society is a Polite Society
- Restoring Second Amendment rights will cause a reduction in violent crime. Government must relinquish their monopoly on law and order and return the right of self-determination to the People in matters of personal safety, security, and armed self-defese with the corresponding immunities from liability when acting in self-defense in a similar fashion to the Good Samaritan law. The Government must learn the lesson the increasing gun control laws also increases prison piopulation because gun control laws effectively transfers freedom from law abiding citizens to the criminals being free to commit violent crimes without fear of injury or death from victims.
- The King's College Internatonal Centre for Prison Studies in London, England publishes their annual World Prison Population List. In their October 2006, Seventh Edition they show the United States as having the most people in prison per capita than any other nation in the world. The chart below is shows the Prison Population of the Top 15 Counties. The fact that the United States has the most people per capita in prison than any other country in the world says a lot about the conditions of life in the United States as becoming, or already is, a police state. It is a question on whether strict gun control laws invite crime as one of the causes of high prison populations.
The Civil Defense Must Be Reinstated
- Brief Legislative History of Civil Defense (50 U.S.C. § 2251 et. seq.)
- On January 12, 1951: H.R. 9798, The Federal Civil Defense Act of 1950, became Pub.L. 920 (64 Stat. 1228). It authorized a Federal civil defense program.
- On August 8, 1958: H.R. 7576 became Pub.L. 85-606 (72 Stat. 532). It amended the Federal Civil Defense Act of 1950 adding the thermonuclear provisions.
- On October 5, 1994: Pub.L. 103-337 (108 Stat. 3101) repealed the Federal Civil Defense Act of 1950.
- In 5 U.S. Code Cong. And Adm. News 2182-2183 (1994) TITLE XXXIV CIVIL DEFENSE:
Civil defense programs were originally designed to protect “life and property in the United States from attack.” In 1981, the law was amended to permit states to use civil defense funds to prepare for natural disasters “in a manner that . . . . does not detract from attack-related civil defense preparedness.”
Section 3402 of the National Defense Authorization Act for Fiscal Year 1994 (Pub.L. 103-160) eliminated this restriction. The Civil Defense Act now reflects the “all-hazard” approach to emergency management, i.e., states are permitted to use the funds for all kinds of emergencies and disasters.
The committee believes that it should get out of the civil defense business for two reasons. First, the program has lost its defense emphasis. The threat of attack is no longer the driving force behind the program. Rather, the chief threats today come from tornadoes, earthquakes, floods, chemical spills, and the like.
Civil Defense gave way to FEMA. Seven years later on September 11, 2001 the United States was attacked by terrorists. President Clinton dropped the by abolishing the Civil Defense. Instead of resurrecting Civil Defense President Bush created the U.S. Department of Homeland Security to which precipitated relentless thefts of constitutional rights, powers, and duties of citizenship. The U.S. Department of Homeland Security is the exact centralization of the federal government that was feared at the Constitutional Convention and warned about in The Federalist Papers. The Civil Defense must be reinstated.
Resurrect the Privateer under the "Letters of Marquee and Reprisals, and make Rules concerning Captures on Land and Water" Through the Congress' War Power under Article 1, Section 8, Clause 11
- The U.S. Coast Guard denied Don Hamrick proposal as a U.S. merchant seaman the creation of a dual-purposed U.S. Merchant Marine Auxilliary/Privateer to serve as an auxilliary service in a similar fashion as the U.S. Coast Guard Auxilliary to patrol the 95,000 miles of coast line tht the U.S. Coast Guard is hard pressed to patrol. In times of war the U.S. Merchant Marine fleet of commercial ships can refit with assistance from the U.S. Government to act as privateers. This will mean a change in international maritime law as a function of United States policy on counter-terrorism during times of war.
By the above events Don Hamrick's platform is one for individual rights, duties, freedoms and responsibilities, and government reforms, greater enforcement of empeachable offenses, and the restoration of the Bill of Rights to its original standing.