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Old 04-03-2006, 10:00 AM   #61
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Just for your general interest --

The section on eagle permits in the eCFR database:

http://ecfr.gpoaccess.gov/cgi/t/text...22_main_02.tpl

The part specific to NA religious use:

http://ecfr.gpoaccess.gov/cgi/t/text....3.1.2&idno=50

Hope this helps.
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Old 04-05-2006, 01:25 AM   #62
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I first want to thank Guiermo for being there for my Friends Robert and Mike. This Family is as Family To my Wife and myself. This Family is a very great family. I have great sorrow in my heart for the Family and friends. There is no doubt in my mind that just because they are not Fed. Rec'ed they are NDN. I have Sang, Lived, Eaten, Prayed, and just plain had fun with this fine family. I want to ask for good thoughts and Prayers for LipanLady and her Family.

I would like to know this Fed Agents name and plaster it all over the US and NDN world. I would then pray he could find some peace in his heart and world. This may be vicious and vendictful but I'm only human. I would also like to ask everyone to help out and contact their Congressman about helping our NDN people.
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Old 07-03-2006, 02:06 AM   #63
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Last edited by Nipkie; 07-03-2006 at 02:22 AM.. Reason: I was worng
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Old 07-05-2006, 05:18 AM   #64
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Just a few words on legalities of feathers

First, before anyone asks...I am not an attorney.
I am an investigator. I investigate civil rights violations against First Nations People for the First Nations Commission On Civil Rights. I also teach civil rights seminars to First Nations People.

Everything that has been said about the Lacey act and the requirements to carry feathers is correct.

However that is not the only law there is and other laws carry far more weight than the Lacey Act and any other laws which require permits for religious items.

Also it is correct that any officer federal or otherwise should have identified themselves.

You always have the right to ask two things of any officer. One yo uhave a right to see their identification. Two ; you have the right to ask what their probable cause is. They better comply in both cases.

Lets consider first the 1st amendment of the U.S. Constitution.

Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;

We will stop there for right now, since that is all we are talking about.

Now for everyone who says the laws don't work for us...please bear with me a second. I will show you exactly how to MAKE them work.

Before I do though I would like to say. I carry a Spotted Eagle Feather which was a gift from a Modock Warrior for my struggles as a Civil Rights Warrior. I will carry a permit for it when Priests and Preachers carry permits to carry bibles.

Now the next law that we need to look at is 42 USC 1996. yes that is correct. It ios the Native American Freedome of Religion Act (Short Title)


TITLE 42 § 1996. Protection and preservation of traditional religions of Native Americans

On and after August 11, 1978, it shall be the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites.

Now...lets suppose that We have an Eagle Feather and a Federal Officer comes to take it . He is in violation of two Federal Laws. Now don't get set to sue him. It is far more serious than that. He has committed Criminal Offenses under Federal law. And the following are those laws.

TITLE 18 USC § 247

(a) Whoever, in any of the circumstances referred to in subsection (b) of this section—
(1) intentionally defaces, damages, or destroys any religious real property, because of the religious character of that property, or attempts to do so; or
(2) intentionally obstructs, by force or threat of force, any person in the enjoyment of that person’s free exercise of religious beliefs, or attempts to do so;
shall be punished as provided in subsection (d).
(b) The circumstances referred to in subsection (a) are that the offense is in or affects interstate or foreign commerce.

Be aware that persuant to Article 1 Section 10 of the United States Constitution, Indian Nations are in government to government relationship with the United states Government thus satisfying the subsection b requirements.

By these actions and even excluding these actions...a violation of 18 USC 242 is also committed.

Anyone who may be acting with such Federal Officer is also in violation of 18 USC 242.

TITLE 18 § 242
Deprivation of rights under color of law

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, 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, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

This is the short version, since this is a 6 hour seminar it is very difficult to cover everything in a short post.

Now, don't believe that a prosecution can be achieved?
Visit this link and see the entire procedure.
First Nations Commission On Civil Rights

Now suppose you folow those instructions and nothing happens. Is there anything else that can be done?

How courageous are you?

All criminal violations are actionable by "citizens arrest". In the absence of prosecution by the USAG, there are two methods available. One it to file a motion to compel teh USAG and the next is pro se prosecution.

Complicated? Yes, doable? by all means.

This is simply one scenario and there are many.
It should als obe noted that the act which occurred sounds like it was likely selective prosecution as well, along with denial of due process (Amendment V) and denial of equal protection (Amendment XIV), ( Amendment IV)unreasonable searches and seizures. All of which constitute "Police Misconduct" as well.

Of course this is just my take on things and I have applied it on more than one ocassion.

In my opinion, the greatest problem we have is not knowing how to use the laws on a personal level, not knowing what our rights are under their laws or how to secure those rights.

In the 14th amendment they made it plain they did not want us to be American Citizens. I for one...agree with them. I do not want to be an American Citizen. I would prefer that my citizenship rest fully on the fact that I am a Tribal Member and my citizenship is in and through my Nation.

Of course this means that we are not taxable by them either...at least that is what the 14th amendment says.

Imagine this...The judicial system of the United States is clogged already...I wonder what would happen if 2 million First Nations People were to file pro se writs into federal courts.

Bear in mind that anyone can file a supporting document on any issue before any court through the filing of an Amicus Brief. Just a thought.

If these are the issues that you are interested in please join me at The Activis tPortal at http://defendthewolves.org
It wil lrequire filling out a free account.
If yo udo so please post an intro and let me know that you came to the Portal from powwows.com

We are in need of First Nations People from all over who are involved in issues and willing to help correct the problems through legal applications.

Imagine how interesting it would be if we arrested every official who violated our rights...soon we would be able to elect our own People to those empty positions.

There are three terms that every one of us should be very familiar with...Color of Law violations, Police Misconduct, and Official Misconduct.

Best wishes to all.

With Respect,

Jim Windwalker
Director First Nations Outreach Project

Last edited by jwindwalker; 07-05-2006 at 05:31 AM.. Reason: Appending message
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