The 2nd Amendment Right To Bear Arms & My Legal Case Because of Doing So! [Continuation]

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

As many of you know, but for those who don't, on September 22nd, 2018 I was arrested on I-294 @ MM 5 in Markham, Illinois USA (Cook County - Chicago) after I was attacked by another motorist. During which I was forced to show my firearm to defend myself. The attacker admitted to attacking my truck and another truck and yet the Illinois State Police officers (both of them) chose to let him go and arrested me for Felony AAUUW (Aggravated Assault with Unauthorized Use of a Weapon).

History of Events Since Arrest:

• Transferred to Chicago Main Jail on September 23rd, 2018 in the early morning hours and given a bond around 5 pm that afternoon with restriction I could not leave the state of Illinois.
• My employer paid the bond within a few minutes and I was released from jail at around 11:30 PM that night.
• Had a second bond hearing in Markham, IL on September 25th, 2018 and again was restricted to the state of Illinois.
• Went back to court on October 15th, 2018 for what was supposed to be my indictment and was told that Chicago had not transferred the indictment to Markham courts yet to come back on October 23rd, 2018.
• Went back to court in Markham, IL on October 23rd, 2018 and was indicted on FOUR (yes I said 4) Felony Charges of AAUUW (Aggravated Assault with Unauthorized Use of a Weapon). Apparently, according to attorney, there are 4 different ways the same law can be interpreted so they charged me with all 4 ways to cover their bases if they screwed something up on one; they would still have the others to fall back on. At this court date I had a female judge who allowed me (and my attorney) to speak. At which point he informed her I was an Over-The-Road Truck driver and couldn't earn a living being restricted to Illinois and I informed her I didn't even live in Illinois. She asked where I live and I said "Utah but I almost never get home" at which point she granted me a 'Travel Order' so I could finally leave the state of Illinois.

I am now back Over-The-Road and am currently in South Carolina on my way to Ohio for Monday morning delivery. So I have shut down early today and decided to write this post, with some research and references. Here is what I have learned from my court cases and attorney so far:

• My main attorney (I will explain this in a minute) has informed me that I did in fact break the law in the state of Illinois, even though I am not an Illinois Resident he says there is actually a statute that says Non-Residents have to have a FOID Card (Firearm Owners ID) and an Illinois Concealed Carry Permit to have a gun in your vehicle while in the state of Illinois. He has yet to show me any proof of this, however, and I can find no such law. I believe him to be mistaken as I know for a fact that NON-RESIDENTS of ILLINOIS can not get either of those and Illinois will not recognize any other state(s) Concealed Carry Permit.

• My main attorney decided to go on Vacation (before I hired him) and was due to leave on that vacation on the morning of October 23rd, 2018. He told me in court on October 15th that he would be present for my court date on October 23rd, then leave on his vacation afterwards. Then on October 22nd he informed me that he would not be in court with me but was in fact sending another lawyer (from another firm) to represent me that day. That lawyer was the one that got my travel order so I could finally leave the state. He also confirmed to me that it was impossible for me to have "been legal" in the state of Illinois due to the way the laws in that state are currently.

• I am currently in what is called "The Discovery Phase" where the State of Illinois (the Prosecution) has to turn over all evidence and information they have against me to my attorney's (the Defense). Then on December 5th we go back to court. I am, as of yet, unsure exactly what will happen during that court appearance as I have yet to hear from my attorney (either of them) as to what "The Plan" is or "What will happen" on December 5th.

What my thoughts are currently:

• I can not and will not "settle" for anything that requires a.) Jail Time or b.) Any conviction that will result in a WEAPON or VIOLENCE charge on my record. If I do, then my desire to travel outside of the United States once I retire will be RUINED as many countries will deny me access.
• I am seriously contemplating pursuing this as a "Constitutional Case" will likely mean I get found guilty of a felony in City Court then have to appeal the "Verdict" all the way to the "Supreme Court" to ensure that EVERY AMERICAN has the CONSTITUTIONAL RIGHT to DEFEND themselves (with Guns if necessary) ANYWHERE IN THIS DAMN COUNTRY like the Constitution of the United States of America says in the SECOND AMENDMENT. The problem with this is that it will be extremely time consuming, extremely expensive, will probably require me hiring (acquiring) new Attorney's and might even result in me spending some time in jail while waiting on appeals.

Here is why I am thinking of pursuing this all the way to the Supreme Court:

• The United States Constitution clearly states in the Second Amendment that the PEOPLE have the right to KEEP AND BEAR ARMS and that that right SHALL NOT BE INFRINGED.
• The United States Constitution clearly states in the Fourth Amendment that "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Yet almost immediately upon arrival of the ISP (Illinois State Police) officers the female officer searched my vehicle (and home) without a Warrant, Probable Cause (as I called the police) or Permission; during which she confiscated my firearm then immediately placed me under arrest.
• The United States Constitution clearly states in the Fifth Amendment "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury". Capital, as used her means FELONY today. Yet I was arrested and went to court 4 times (so far) and was INDICTED without a GRAND JURY.
• The United States Constitution clearly states in the Sixth Amendment that "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense." Yet, four court appearances in over a month just to be indicted and then in excess of two more months before I even get to "answer for myself" (hopefully) on December 5th. That doesn't sound "speedy" to me.
• The United States Constitution clearly states in the 14th Amendment that "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.". Notice this part No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. To me that reads like NO STATE SHALL ENACT LAWS WHICH VIOLATE THE CONSTITUTION which guess what all "GUN CONTROL LAWS" do just that and they are all ENACTED AND ENFORCED BY STATES - NOT THE FEDERAL GOVERNMENT.
• District of Columbia v. Heller, 554 U.S. 570 (2008) - upheld the right of the people, not connected to a militia, to Keep and Bear Arms.
• MCDONALD ET AL. v. CITY OF CHICAGO, ILLINOIS (2010) - Another Supreme Court Case the court determined "(d) The Fourteenth Amendment makes the Second Amendment right to keep and bear arms fully applicable to the States" it furthermore ruled that ALL OF THE FIRST EIGHT AMENDMENTS apply to the Federal Government as well as ALL STATES AND MUNICIPALITIES thanks to the 14th Amendment. In their summary they states: "In sum, it is clear that the Framers and ratifiers of the Fourteenth Amendment counted the right to keep and bear arms among those fundamental rights necessary to our system of ordered liberty. ".

It is my personal opinion that the first Eight Amendments in the Bill of Rights (United States Constitution) were explicitly written (by our founding fathers) to not only protect ALL AMERICANS from the Federal Government but from State and Local Government as well.

Our founding fathers, the architects of our Constitution and the Bill of Rights had these things to say about the 2nd Amendment:

• "No free man shall ever be debarred the use of arms." - Thomas Jefferson, Virginia Constitution, Draft 1, 1776
• "I prefer dangerous freedom over peaceful slavery." - Thomas Jefferson, letter to James Madison, January 30, 1787
• "What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance. Let them take arms." - Thomas Jefferson, letter to James Madison, December 20, 1787
• "The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man." - Thomas Jefferson, Commonplace Book (quoting 18th century criminologist Cesare Beccaria), 1774-1776
• "The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed." - Thomas Jefferson, letter to to John Cartwright, 5 June 1824
• “They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin, Historical Review of Pennsylvania, 1759
• "To disarm the people...[i]s the most effectual way to enslave them." - George Mason
• "The right of the people to keep and bear arms shall not be infringed. A well regulated militia, composed of the body of the people, trained to arms, is the best and most natural defense of a free country." - James Madison, I Annals of Congress 434, June 8, 1789
• "Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves."- William Pitt (the Younger), Speech in the House of Commons, November 18, 1783
• "Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined.... The great object is that every man be armed. Everyone who is able might have a gun." - Patrick Henry, Speech to the Virginia Ratifying Convention, June 5, 1778
• "The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their own arms." - Samuel Adams, Massachusetts Ratifying Convention, 1788
• "As civil rulers, not having their duty to the people before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms."- Tench Coxe, Philadelphia Federal Gazette, June 18, 1789

To me it sounds like the Founders of our Country, the brave men of power and influence that wrote and ratified our Bill of Rights and Constitution all believed that EVERY AMERICAN SHOULD BE ARMED so as to prevent ANY RULER (GOVERNMENT AGENT) or MILITIA from VIOLATING or TAKING THEIR RIGHTS away and ENSLAVING THE NATION.

I have read the majority of the Supreme Court Cases since the ratification of the Constitution (and the first 8 amendments to it) and no where can I find any reference or citation to the "State of Mind" of the Writers, Signatories or Ratifiers of the Constitution in any of those Supreme Court Rulings.

I can't say why that is, if it is an oversight on the part of the courts, an oversight on the part of those bringing the cases to the courts or willful disregard for those who WROTE OUR RIGHTS but I am absolutely, 100% without a doubt, certain that our Founding Fathers are sitting up in Heaven right now thinking the American People are a bunch of dumb motherfuckers for not standing up for our rights. I am equally certain that if we do not stand up for our right to ARM OURSELVES that we will lose ALL OUR RIGHTS in the not to distant future and wind up living in either a MILITARY STATE or a CORPORATE STATE where the only RIGHTS WE HAVE are those AFFORDED TO US BY OUR OVERLORDS.

Additionally, the way the First 8 Amendments have been interpreted over the years (since ratification) all include terminology like "state resident". I am not a RESIDENT OF ANY STATE as I live and travel in my company vehicle all over this country; therefore, I believe it might even be possible to claim that because I am not a RESIDENT OF ANY STATE I do not fall under the laws of ANY STATE but rather I am only SUBJECT TO FEDERAL LAW as as such I have the CONSTITUTIONAL RIGHT to KEEP AND BEAR ARMS in my HOME (as per both Supreme Court Cases cited above) and that due to my transient status and constantly MOVING HOME it is IMPOSSIBLE FOR ME to abide by ALL STATE(S) LAWS regarding the RIGHT TO KEEP AND BEAR ARMS and as such I should be EXEMPT FROM THOSE LAWS.

Please let me know your thoughts on what I have stated in this article, your opinion on the Constitution and Bill of Rights (specifically the first 8 amendments) and whether or not you think I should pursue this all the way to the Supreme Court in the comments below.

The Story Continues!

So I have now been to court 8 times and the State of Illinois Procussion is still "In Discovery" as of last court date in February. I have court again on Tuesday April 23rd (in a few days) at which time my attorney and myself are expecting the state to finally exit "Discovery" and officially state what they are going to pursue as far as charges against me.

This comes as there is mounting pressure in Illinois and Chicago (where I was arrested) to overturn Illinois Illegal and Unconstitutional Gun Laws. There is also mounting pressure nationally to allow for Constitutional Open Carry Everywhere and another Movement is picking up steam that would allow Truck Drivers to Constitutional Concealed Carry (have a firearm in their semi without any permits).

Additionally, the 9th Circuit Court of Appeals (in Hawaii) ruled that the 2nd Amendment protects the right to Open Carry firearms for the purpose of Self Defense. This ruling came just a few weeks ago, since my arrest.

Furthermore, in none of the Court Decisions (in the entire history of the United States) concerning Guns or the 2nd Amendment has there been any Stipulation that the 2nd Amendment "Doesn't apply" to certain people or in certain circumstances.

There is NO LEGAL BASIS whatsoever any where in any 2nd Amendment related court case that has ever been heard by the courts that would make me carrying a firearm in a Commercial Motor Vehicle anywhere in the United States of America an ILLEGAL ACT.

I am waiting to hear from my Lawyer on what he thinks will happen Tuesday, in light of the new Court Decision and mounting anger over Gun Control Laws violating the people's 2nd amendment rights but I am gonna tell you all now if he doesn't show some desire to FIGHT THIS CASE on a CONSTITUTIONAL BASIS I may have to fire his ass and hire a lawyer who will FIGHT FOR ME and EVERY OTHER LAW ABIDING GUN TOTING AMERICAN CITIZEN.

Update as of April 23, 2019

So I had my most recent and LAST court date on April 23rd, 2019 and honestly things went better than myself or my lawyer had expected. In short the State of Illinois realized they had no case against me; however they couldn't just Drop the Case due to the "Anti Gun" climate in Chicago politics. So they reduced the charges from 4 Felonies for Aggravated Assault with Unlawful Use of a Weapon to 1 Misdemeanor charge of Reckless Misconduct and offered me time served (two days in jail at time of arrest before being released on bond) and no probation.

My lawyer expected a reduction but expected it to still be a Violence or Weapons Misdemeanor so we were both blown away when they agreed to a Non-Violent Misdemeanor with no Jail Time or Probation. In fact my lawyer had another client with the same charge who was there on a First Offense and he saw the judge just before me. They state nailed his ass with 2 years probation, 30 hours community service and bi-monthly reporting to probation.

Needless to say I will never get my gun back, in fact after the state made the offer they did lawyer told me point blank to forget about my gun that taking the offer would be my best (and cheapest) option that if I even mentioned the gun the Judge would likely ignore the deal and put me in jail.

Fortunately for me this Reckless Misconduct conviction is a Non-Violent/Non-Weapon related charge that will not hinder me from being able to get a Gun Legally, a Conceal Carry License Legally or travel to any damn where I want to travel to. It is basically just saying "Hey you where a dumbass but not a criminal" and I can live with being thought of as a dumbass.....that has been pretty much my whole life so nothing changes....lol!

The only thing it might affect me is trying to rent/lease an apartment or something but that is unlikely as I live in my semi truck and when I quit driving for a living I will live in an RV/Off-Grid Tiny Home so I don't really care!

So I guess you could say I WON and so did the State of Illinois - they got to save face and I beat an Unlawful Weapon Possession Charge thus defending my right to Keep and Bear Arms.

Make sure you follow me on Youtube @ VenusPCS!