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Question:

Is it possible for a private citizen to bring, charge, and prosecute a criminal case against a person or other entity in any court (federal, county, etc.) without having to go through the law enforcement jurisdiction involved?

Answer:

This type of action is called “private prosecution.” A private prosecution is a criminal proceeding initiated by an individual or private organization instead of by a public prosecutor who represents the state. Public prosecutors (i.e. district attorneys) today conduct almost all criminal prosecutions. The United States Supreme Court has quashed the right of private prosecution in federal court. Under Leeke v. Timmerman, (1981), 452 U.S. 83, the Court affirms the precedent in Linda R.S. v. Richard D., (1973) 410 U.S. 614, which denies the right of private prosecution, and serves as a bar to criminal prosecution in federal courts by persons not federal government employees. There may be an exception when a federal court appoints a private attorney to prosecute a criminal contempt action if the executive refuses to prosecute. Young v. U.S. ex re. Vuitton et Fils, (1987) 481 U.S. 787.

Regarding state private prosecutions is a different matter. Some states do allow a complainant to either file a request for an order to show cause or to actually prosecute as a private prosecutor. However states usually do not allow private prosecution on cases involving serious crimes or in situations where a public prosecutor has expressly refused to prosecute the defendant. Other states allow the use of private attorneys to assist the state in the prosecution of criminal cases.

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Answer:

In order to fly a drone you must comply with applicable laws, which can be difficult. Officially referred to as an ‘unarmed aerial vehicle’, known as a UAV, the government requires a certification from the FAA in the form of Certificate of Authorization and also adhere to non-commercial recreational flights. Because most ‘drones’ are meant to be operated at higher altitudes, commonly classified as commercial airspace, the FAA would likely be hesitant to grant permission to an individual as opposed to a governmental agency with a specific purpose.

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Answer:

The shipment of ammunition is a delicate topic and one should always look at the applicable laws where they live and the jurisdiction where they are shipping to. In addition, pay special attention as to if a person needs to be an ‘authorized retailer’ in order to ship ammunition. If you are shipping the ammunition to yourself, you will need to consult with the individual shippers. UPS does ship ammunition and require specialized labeling and transport. You can not ship ammunition via the United States Postal Service (USPS) as the agency has a complete restriction on the shipment of all firearms (including ammunition).

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Answer:

A person cannot produce spirits for beverage purpose without paying taxes and receiving prior approval of paperwork to operate a distilled spirits plant.  Under 26 USC Section 5601, there are criminal penalties for the following:  1) unregistered stills; 2) failure to file application; 3) false or fraudulent application; 4) failure or refusal of distiller, warehouseman, or processor to give bond; 5) false, forged, or fraudulent bond; 6) distilling on prohibited premises; 7) unlawful production, removal, or use of material fit for production of distilled spirits; 8) unlawful production of distilled spirits; 9) unauthorized use of distilled spirits in manufacturing processes; 10) unlawful processing; 11) unlawful purchase, receipt, or processing of distilled spirits; 12) unlawful removal or concealment of distilled spirits; 13) creation of fictitious proof; 14) distilling after notice of suspension; and 15) unauthorized withdrawal, use, sale, or distribution of distilled spirits for fuel use.  Additionally under Section 5602, there are federal crimes for tax fraud by a distiller.

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