Thursday, March 9, 2017

Form 4473 - and the "Felon" label

The new form 4473 apparently makes it a crime to purchase a gun if you use marijuana. If marijuana users aren't allowed to purchase guns, does that mean law enforcement can take a gun or guns away from someone if they know that individual uses marijuana? Here's a link to a Portland Press story about the new form 4473.

Law-abiding citizens who turn in their guns, or don't purchase them because of this new question on the form 4473, will be helpless against the real criminals. Anyone can get a gun, whether it be through a friend, or through a failed background check as shown below. My husband, Pete, had been labeled a felon, due to a conviction in 1981, but was still approved in 2003 to purchase a gun.

He also purchased guns at K-Mart, Joe Jones, and other dealers. The "felon" label never goes away in Maine, unless you apply for a pardon and it's granted. The state arbitrarily preys upon those who, though they may have made mistakes in the past, might have changed.

Thursday, March 2, 2017

Double Jeopardy...or worse.

Maine Game Wardens assisted by other law enforcement officials in April of 2011, raided our home and seized our family's guns, all because of Pete's decades old conviction in 1981 when he was 19 years old. That's like double jeopardy (prosecution twice for the same offense), except you don't get tried the second time...just convicted.

I asked for Intervenor status. Any firearms purchased during our mariage were marital property. Also, I thought it a good idea for Pete to have a Frank's hearing to challenge the search warrant. Law enforcement also
 took guns that belonged to our sons, which we kept in our safe until needed during hunting season. 

A hearing regarding my request to have intervenor status was scheduled in 2013; however I was not notified! Since Pete wanted to get things over with, he never told me, and neither he or his court-appointed attorney went to the hearing, so my motion was dismissed. Pete ended up agreeing to a plea bargain for the supposed crime of being a felon in possession of firearms. He spent a week in jail, lost his guns to the state, has to pay a fine (put on a payment plan), and probably has another felony on his record. 

Form 4473 (Firearms Transaction Record) has a question on it, 11.e., which asks the applicant if they use marijuana. Despite that your state may have legalized it for recreational use, or even if you have been prescribed it for medical use, you will not be able to legally purchase a gun if you admit to using marijuana. The Bureau of Alcohol, Tobacco and Firearms and Explosives (ATF) explains to Federal Firearms Licencees in this open letter in 2011.

Sunday, February 19, 2017

Hazel-Atlas Glass Co. vs. Harford Glass Co.

I previously blogged about an employer who lied to the Maine Department of Labor during an interview regarding unemployment benefits. He said I had quit. I didn't quit...I was wrongfully terminated. 

The Unemployment Commission on January 31, 2017, affirmed the decision of the Office of Administrative Hearings, which had affirmed the decision of the Bureau of Labor...or whatever. They're all birds of a feather, and they flock together. By now I know the chances of getting justice if you are just an average Joe or Joann are pretty slim. I've asked for a reconsideration regardless. 

I have 6 months from the date of the alleged violations of employment law, to file a complaint with the EEOC. That deadline will come around the end of March. 

Anyway, there is no deadline to get a decision reversed if someone lies in court, or to a government agency like the Maine Department of Labor. Here's a Wikipedia article about the Supreme Court case Hazel-Atlas Glass Co. v. Hartford-Empire Co. which affirmed that. However, most people even if they're sure the law is on their side, can't afford the high cost of litigation.

Tuesday, February 7, 2017

Look a likes - Gorsuch and Stewart II

Neil Gorsuch was nominated to be the next justice of the Supreme Court of the United States. He has a look alike in Maine: Justice Hal Stewart II.

Gorsuch was chosen by President Donald Trump, though former President Barack Obama wanted a judge, named Merrick Garland, to replace Antonin Scalia, according to an Associated Press story. Scalia passed away on 2-13-2016

Neil Gorsuch

Harold Stewart II

Saturday, February 4, 2017

Lawyers Reprimanded

I was working for Wyman's of Maine in their factory in Cherryfield during blueberry harvest when I first read the story while on break in the cafeteria. The August 6, 2015 story in the Ellsworth American is titled "Two area lawyers reprimanded", written by Stephen Rappaport. I've provided a link to the newspaper's website, but couldn't find the story online. I did save the newspaper clipping, so I'll quote from it:
In a second order also issued July 20, Ellsworth attorney Steven A. Juskewitch was similarly sanctioned for his "repetitive improper conduct and inappropriate action" for communicating with a woman who was not his client, and who had no lawyer, in an effort to obtain her signature "on documents that would ultimately benefit his client..."
Huh, an attorney was reprimanded for doing what Judge Hunter had done to Pete: got his signature on a form from the District Attorney when Pete didn't have an attorney's help. 

When I tried to stop Pete from signing anything, and called out "don't sign", Judge Hunter imprisoned me. That morning I had asked the clerk for a form and filled it out with Pete; he hate's paperwork you know. The form was a request for an attorney, at the state's expense. Maine Game Wardens in 2011 confiscated our family's guns under the guise of public safety. Pete had never asked to be pardoned after being convicted of a felony in 1981.

Judge Hunter had the bailiff take me in handcuffs to the law library of the Superior Court in Caribou. It was only for an hour or two, until he got Pete to sign what Assistant District Attorney April Hare had placed before him. It was bail conditions, though he hadn't been arrested! When they took our guns they gave him a summons. I made a complaint regarding Judge Hunter, but the Committee for Judicial Responsibility and Disability dismissed it of course. 

And here's what the the other attorney was reprimanded or sanctioned for, by the Maine Board of Overseers of the Bar. The Ellsworth American story doesn't say what the sanctions were. 

In a Stipulated Report of Findings and Order dated July 20, Hancock County Assistant District Attorney William B. Entwisle of Sedgwick was sanctioned "for improper actions and lack of appropriate professional judgment" arising from his failure to turn over discovery materials to the defendants or their lawyers in two separate criminal cases he was prosecuting.

Hungry for Justice - Panel finds no bias in MHRC?

Here's a link to a post I made in October of 2011 after being fired from my waitressing job at the Long Lake Sporting Club.

So, I filed a complaint with The Maine Human Rights Commission (MHRC) regarding the Martin's. Soon, the MHRC gagged me. That is, they made me sign a statement agreeing not to discuss (or write about) the case while they performed their so-called preliminary investigation. Sounds to me like a violation of the 1st Amendment right to free a Commission that's supposed to protect human rights? 

Regardless, I refrained from blogging about what the owners of this small town, family-owned restaurant in Sinclair Maine had done. It took two years for the MHRC to complete it's investigation; and they found there was NRG - that is No Reasonable Grounds to believe that discrimination occurred. 

Last fall the governor ordered an investigation of the Commission, worried that the Commission was biased against employers! And guess what? Well, read about it here. The story's title, LePage’s probe of human rights panel finds no bias against businesses, leaves no doubt in ones mind of what the outcome was. Any reasonable person would have found that the Commission is biased... against employees! How else can you explain this, from the story? 
The report found that in 2014, only 5 percent of the cases filed with the commission resulted in the commission finding reasonable grounds that there was a violation.
You can see for yourself from the pdf's of the meeting minutes at the Commission's website. The MHRC didn't take Michael Aftkin's case, and he ended up winning a lawsuit against his employer. 

Or you can believe the MHRC. They posted about the findings of the investigation at their website, under news or archives, titled "News flash: MHRC is not biased!" And can you guess what they feel is needed in order to advance the MHRC's good work? You'll find the answers at the law firm PretiFlaherty's website in a post titled "Governor's Panel supports Maine Human Rights Commission" at 13. Increase the MHRC’s budget.