Alaska L-39 NTSB Preliminary Released...

[HangerRat]

I think what you meant to say, is that you "can't" prove anything.

Sorry, dork, I actually meant what I said. Get a grip.

 

[A Squared]

The Second Amendment in the Courts
As a matter of law, the meaning of the Second Amendment has been settled since the ruling of the U.S. Supreme Court in U.S. v. Miller, 307 U.S. 174 (1939). In that case, the High Court wrote that the "obvious purpose" of the Second Amendment was "to assure the continuation and render possible the effectiveness" of the state militia. The Court added that the Amendment "must be interpreted and applied with that end in view." Since Miller, the Supreme Court has addressed the Second Amendment in two cases. In Burton v. Sills, 394 U.S. 812 (1969), the Court dismissed the appeal of a state court ruling upholding New Jersey's strict gun control law, finding the appeal failed to present a "substantial federal question." And in Lewis v. United States, 445 U.S. 55 (1980), the Court upheld the federal law banning felons from possessing guns. The Court found no "constitutionally protected liberties" infringed by the federal law.
In addition, in Maryland v. United States, 381 U.S. 41 (1965) and Perpich v. Department of Defense, 496 U.S. 334 (1990), cases not involving the Second Amendment, the Supreme Court has affirmed that today's militia is the National Guard.
Since Miller was decided, lower federal and state courts have addressed the meaning of the Second Amendment in more than thirty cases. In every case, the courts have decided that the Amendment guarantees a right to be armed only in connection with service in a "well regulated Militia." The courts unanimously have rejected the NRA's view that the Second Amendment is about the self-defense or sporting uses of guns. As the U.S. Court of Appeals for the Eighth Circuit wrote, the courts "have analyzed the Second Amendment purely in terms of protecting state militias, rather than individual rights." United States v. Nelson, 859 F.2d 1318 (1988).

Right. Recall also that the supreme court also at one time ruled that blacks could not become citizens and that anti-slavery legislation was unconstitutional.

I would suggest that the supreme court is not necessarily a font of pure and unadulterated truth and justice.

 

[FN FAL]

So now we know what I thought all along, the issue is whether or not the rocket pods are regulated under the National Firearms Act of 1934 as taxable Title II firearms, specifically (DD) Destructive Devices.

A tax issue, maybe...that is if they can fit the item into the definition of being a Destructive Device.

[SIZE=+1]‘Bizarre' fed case moving forward[/SIZE]
Indictments handed up in government's investigation of Security Aviation
February 26, 2006
MARY AMES
Frontiersman reporter

ANCHORAGE - The federal government on Wednesday moved forward with indictments of an Eagle River man and an aviation company with a hangar at the Palmer airport.

A grand jury handed up indictments of Robert Kane, 37, and his employer, Security Aviation, that included charges of possession and transportation of an unregistered destructive device, referencing two “rocket pod launchers” that could have been, but were not, hung under the wings of the company's Czechoslovakian-built L-39 jets, according to a report from the U.S. Attorney's Office. Kane and Security Aviation also were charged with attempted possession of a destructive device and Kane is charged with conspiring with known or unknown individuals to obtain four “rocket pod launchers.”

Security Aviation continues with business as normal, flying air charters and medevac flights daily, according to Craig Wolter, director of operations for Security Aviation.

“It's all a little bizarre, isn't it?” Wolter said. “Basically, we're very disappointed it's going the way it is. It's too bad the government has decided this is what they need to do about items that were demilitarized before they came into the country. They were intended for nothing other than static display. This is some sort of comment on times we live in, and it's finally catching up to Alaska.”

A group of agencies - including the FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives, Immigration and Customs Enforcement, Internal Revenue Service Criminal Investigation Division, U.S. Marshals Service, Alaska State Troopers and the Alaska Joint Terrorism Task Force - conducted the investigation and confiscated the two devices.

The Warbirds of America, a nonprofit organization that promotes and encourages the preservation and safe operation of ex-military aircraft, is part of the Experimental Aircraft Association. After Sept. 11, 2001, the EAA had to tell federal agencies how they do things, and that they pose no threat to American security.

“This is a most curious thing,” said Dick Knapinsky, EAA spokesman. “In the Warbird community, the owners take great pains that any restorations are completely demilitarized. For example, there are no detonation caps in machine gun bullets. My general understanding is that if something's not demilitarized, it can't be brought into the country. [not true-I presented that information already] But if they are fully demilitarized, I can imagine how exasperating it would be for a company.”

The report from the U.S. attorney said the indictment mentioned Security Aviation “maintained technical manuals about the operation of the L-39 military jets.”
“Of course they would,” Knapinsky said. [duhhhhhhh!!!!???]

Operation manuals are required by the Federal Aviation Administration, he said.
The feds trucked several of Security Aviation's L-39s from the Palmer airport into Anchorage in the early morning hours of Feb. 12. The two L-39s remaining at the Palmer airport don't belong to Security Aviation, Wolter said. The company was never able to make those jets airworthy and declined to purchase them, along with two other jets that were flown out of Palmer in January. One of those jets crashed in Ketchikan Jan. 25, killing the pilot.

An L-39 NATO Zuni Rocket Pod listed for sale in Pennsylvania on eBay earlier this month is no longer listed on the site. But Knapinsky said he wasn't aware of potential prosecution by the federal government shutting down any Warbird operations or sales.

“The National Warbirds Conference is going on in Florida this week, and this might come up,” he said. “I think this is one of the issues that has been come up from time to time with the heightened security awareness. It's been on everyone's mind, just like the cost of operating and cost of insurance.”

Joe Kapper, president of Security Aviation, called the indictments an unfortunate and unnecessary step, in a press release issued by the company. What the federal government labels “rocket pod launchers,” Kapper describes as “dummy rocket pods” that were advertised on eBay as demilitarized (disabled and inoperative) and appropriate for collectors. [No tax needed...not regulated]

Wolter said the time will come when he and others at Security can speak freely about the investigation.

“This is definitely a situation where we have to be very careful what we say,” Wolter said. “They seem to be able to say whatever they want. I look forward to the time when I can.”

Contact Mary Ames at
352-2284 or mary.ames@
frontiersman.com.

 

[FN FAL]

From www.atf.gov

The U.S. Bureau of Alcohol, Tobacco and Firearms (ATF) is a tax-collecting, enforcement and regulatory arm of the U.S. Department of the Treasury. In common with all other members of the executive branch, ATF's responsibility is established by congressional action. ATF cannot enact a law, nor can it amend the law. Charged as it is with fiscal oversight of some of the most controversial topics in Western civilization, ATF strives to maintain professional neutrality while giving a 35-to-1 return on every dollar it spends. ATF has the best cost-to-collection ratio in the federal family.
ATF is the youngest tax-collecting Treasury agency, separated from the Internal Revenue Service by Treasury Department Order No. 120-1 (former No. 221), effective 1 July 1972. Notwithstanding, ATF traces its roots across two hundred years of American history.​

 

[FN FAL]

From the www.irs.gov

IRS and taxes? Who'da thunk it?

Origin

The roots of IRS go back to the Civil War when President Lincoln and Congress, in 1862, created the position of commissioner of Internal Revenue and enacted an income tax to pay war expenses. The income tax was repealed 10 years later. Congress revived the income tax in 1894, but the Supreme Court ruled it unconstitutional the following year.

16th Amendment
In 1913, Wyoming ratified the 16th Amendment, providing the three-quarter majority of states necessary to amend the Constitution. The 16th Amendment gave Congress the authority to enact an income tax. That same year, the first Form 1040 appeared after Congress levied a 1 percent tax on net personal incomes above $3,000 with a 6 percent surtax on incomes of more than $500,000.

In 1918, during World War I, the top rate of the income tax rose to 77 percent to help finance the war effort. It dropped sharply in the post-war years, down to 24 percent in 1929, and rose again during the Depression. During World War II, Congress introduced payroll withholding and quarterly tax payments.

• 1913 Form 1040 (PDF 126KB, 4 pages, including instructions)

A New Name
In the 50s, the agency was reorganized to replace a patronage system with career, professional employees. The Bureau of Internal Revenue name was changed to the Internal Revenue Service. Only the IRS commissioner and chief counsel are selected by the president and confirmed by the Senate.

Today’s IRS Organization
The IRS Restructuring and Reform Act of 1998 prompted the most comprehensive reorganization and modernization of IRS in nearly half a century. The IRS reorganized itself to closely resemble the private sector model of organizing around customers with similar needs.

 

[FN FAL]

And who could forget "Duties and Tariffs" regarding imports...the job of the fine young men and women down at I.C.E?

http://www.customs.gov/xp/cgov/home.xml

Duties and Tariffs, is kind of a neo-geo way of saying, "tax".

 

[HangerRat]

ahh more endless gobbledy gook. . . do you ever stop? Whats with the faggy avatar?

 

[FN FAL]

ahh more endless gobbledy gook. . . do you ever stop? Whats with the faggy avatar?

Let me guess, you're from a state with a name that begins and ends with a vowel or Missouri. Your parent gives you Ritalin for one reason or another and everybody in your family has jutting forheads and mono-brow.

 

[81Horse]

Jeez -- you both need a time-out. More wacky accident reports, please; I get all the IRS gobbledy-gook I can stand elsewhere.

HangerRat, are you misspelling "hangar" on purpose?

 

[FN FAL]

HangerRat, are you misspelling "hangar" on purpose?

What difference does it make? I bet he can name all of the characters on the Simpsons, all three judges on American Idol and the name of the dog on Family guy...and none of the constitutional amendments. Which for Sedalia and places like it, ranks right up there with MENSA material.