Skip to comments.All Federal Gun Laws Are Unconstitutional
Posted on 03/04/2013 5:32:48 PM PST by Windflier
Freedom Outposts Constitutional scholar Publius Huldah recently explained why Federal gun laws [are] unlawful. She noted that the first gun control measures put in place in the United States did not take place until 1927, when Congress banned the mailing of certain weapons. We went from 1776 to 1927, 150 years after our founding, when Congress decided, We better start disarming the American people.
Video of Publius Huldah's Speech
Huldah goes through the history of the Federal governments unlawful actions to regulate firearms in America and she points out that when it started, the Progressives had already begun a takeover. Ill also not[e] the Federal Reserve had been established in 1913 as well.
In 1938 Congress legislated that gun dealers had to obtain a Federal Firearms Licenses and maintain names and addresses of those they sold their firearms to.
She was sarcastic when she asked if we would ask the current President and Congress for crumbs, begging them to let us keep some of our firearms.
She called the letter from the Utah Sheriffs Association shameful because it begged Obama not to impose restrictions on firearms by executive order, but rather let Congress determine those things.
However, Huldah said that We must make a principled resistance. To do that, we must learn the applicable principle. She then pointed her listeners to the Constitution to see whether or not the Federal government can impose such legislation.
Huldah then pointed out that there is a little known fact about the Constitution:
It is one of enumerated powers only. When We the people ordained and established the Constitution, we created the Federal government. It is our creature. We are the creator. It is the creature. It is not our master.
The Constitution is so short, she continued, because all of the powers enumerated to the Federal government are listed in it. Depending on how you count, we delegated only 21 powers to the Federal government. Article 1, Section 8, Clauses 1-16 are those powers.
Huldah then courageously pointed out that all laws made by Congress, any restrictions imposed by the Bureau of Alcohol, Tobacco and Firearms, any restrictions made by executive order, and all Supreme Court decisions that restrict firearms are unconstitutional. They are unconstitutional because there is no authority to do so.
God is the giver of mens rights, according to the Declaration of Independence, and the right to defend ones self and ones family is not only a right, but it is a duty and responsibility before God, according to the Bible which is a demonstration of our love for others. Therefore, she rightly pointed out that the Second Amendment is not the source of our right. It merely recognizes that the right is to be free from any interference whatsoever to defend ourselves, our families and our communities from attack. This understanding is as old as human history, she says.
The Framers of the Constitution understood that arms are the only defense against a Federal government that would seek to overstep its bounds. James Madison, writing in Federalist Paper No. 46, said that the reason the Citizens the Militia are armed is to defend ourselves, our families, our neighborhoods, communities, and States from an overreaching, tyrannical federal government.
Here are a couple of things [which] indicate that the Framers of the Constitution understood this idea:
Militia armed citizens Second Amendment
Letters of Marque and reprisal Article 1, Section 8, Clause 11 This gives authority to Congress to authorize privately owned armed ships to make war on the enemies of the United States. An example of such was during the administration of Thomas Jefferson, where a ship was commissioned to make was on the Barbary pirates via a letter of Marque and reprisal from Congress. Also Congress did the same thing against the British.
In other words, the Framers had no problem with the citizens being as heavily armed as the countrys military. That is because they did not see themselves as our rulers, Huldah adds.
Article 1, Section 8, Clause 16 gives Congress the authority to demand that able bodied males be armed. It reads:
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.
In 1792, Congress passed An Act more effectually to provide for the National Defense by establishing an Uniform Militia throughout the United States. This Act required all able-bodied male citizens (except for federal officers and employees) between the ages of 18 and under 45 to enroll in their State Militia, get a gun and ammunition, and train.
Publius Huldah then reminds us that the leading cause of death in the 20th Century was Democide Death by Government. She ran the list of Soviet run Russia, Communist China, Nazi Germany, Cuba, Cambodia, and North Korea. She pointed out that Communist, Fascist and Islamic dictatorships murdered their own people by the tens of millions. And do not think that isnt coming this way, she warned.
Universal registration leads to confiscation. Confiscation leads to extermination. It always has. Why do you think they are so Hell bent on disarming us?
James Madison was clear in Federalist 46 that the citizenry being armed is to fight the Federal governments tyranny.
Lets have no more talk of reasonable restrictions and background checks imposed by the Federal government, Huldah declared.
All Federal government gun and ammunition laws should be nullified, ignored and rendered toothless by the people of the States.
Publius Huldah then reference this essay, The Coming Day of Burn Barrels and Blessings in which James Wesley Rawles says:
If congress ever enacts a law mandating the registration and/or a production ban of detachable magazine semiautomatic rifles then you are hereby invited to the town square of your local community. There, burn barrels will be set up and we will publicly burn Form 4473s, FFL Bound Books, state and local registration records, and the sales receipts for every firearm in the United States. On that same day, FFL holders and public officials holding electronic firearms records will simultaneously erase those records, permanently and irretrievably.
Rawles indicates that the use of masks to hide identities would be proper and to cover dealers, they could claim that masked men with guns forced them to do what they did. Simply brilliant!
Huldah then addressed all State and County officers. She called upon them to support their oath, which is to support and defend the U.S. Constitution, according to Article 6, Clause 3. When as a representative of the people you acquiesce to Federal government gun laws of the you are not supporting or defending the Constitution, but rather you are conniving with tyrants against your own people.
And if you connive with tyrants against your own people so that you can keep your Federal funding, then shame on you for becoming so corrupt that you allow yourself to be bribed with money that your grandchildren will have to pay back, Huldah resounded.
She also called upon cowardly representatives who have become corrupt to resign their office and let manly men take their place.
While referencing Tennessee issues later in the speech, she did speak to Federal funding and declare that officials shouldnt worry about arming their posse because manly men will arm themselves!
My fellow Americans, the line was drawn a long time ago and many in our country have allowed the Federal government to creep across that line slowly over the years. It is time to say Enough is enough and stop them and then push them back in place where they belong. Seriously, I almost feel like saying, Im Tim Brown and I approved this message. However, we must resist the tyranny coming from Washington and the tyranny forming at our State and local levels that would seek to restrict our ability to own and carry firearms.
Thank you Publius Huldah for your stand and may the manly men and the womanly women of this country take that same stand.
You're welcome, RN. I got this in email, and clicked through to read the whole thing. It was so well put together that I had to share it with my fellow Freeps.
We need many, many more voices making similar compelling cases for our inalienable right to keep and bear arms.
Resistance to tyrants is obedience to God. Thomas Jefferson
A society that will trade a little liberty for a little order will lose both, and deserve neither Thomas Jefferson
A very wise man and one who espoused much wisdom on our liberties.
People say they'll stand up and fight the government with guns precisely because they never think they'll have to.
But if you tell people they need to learn the law, and stand up to the government's encroachment in a legal sense, they turrn their backs. Why? Because if they learn the law, they'll actually have to do something. And they're afraid of that.
And yet why would a rational people choose to fight with guns instead of the law? Why not use the legal environment the Founders enabled, instead of ignoring all off it and starting over from scratch after a horrible war? What kind of veteran can come back from war, and not seek out ever alternative to it, especially through the use of the Constitution itself?
The Rats know posturing when they see it, and that's why they're pushing so hard to illegitimately impose laws. Because they know people would rather say they'd fight with arms, than actually learning to effectively fight through learning the law. It's pathetic - and ultimately, it will prove catastrophic.
Learn the law? What are you talking about? The founders did not expect us all to be lawyers constantly reading statist rules and laws. They expected us to use our Christian sense of judgement. The law was supposed to be left up to amateurs.
Do you mean that people of other religious faiths must depend on the tenets of another religion to establish the existence of their rights? Their right to self defense belongs to everyone, not just Christians and Jews.
“And yet why would a rational people choose to fight with guns instead of the law?”
Because there are times when a strongly-worded letter or a summons to court fall well short of the mark.
“Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.” - Benjamin Franklin
Because the system the Framers left us, has been subverted and rigged to favor those who would undo everything that generations of Americans lived and died to build.
If you think we can vote or lawyer our way out of this tyranny, you've got an awakening coming that's going to feel like hitting a brick wall.
Ballot Box - broken
Jury Box - broken
Soap Box - broken
Cartridge Box - check
The dirty little secret is that 'the system' has become a sham, intended to quell the little people, and to make them believe that their voice still makes a difference. Well, it doesn't make a difference, which should be painfully obvious by now.
We have to confront the fact that we're going to have to elevate the nature of our resistance to a level that actually impinges on the usurpers and destroyers. Until then, we're going to spin our wheels, thinking that we can 'somehow get through to them', or out politic them in some way.
That's the very definition of insanity. We literally have to throw the bastards out. What will that take? Probably millions of Americans getting on their feet and directly confronting these monsters with a will that refuses to be denied.
You ask me, we're getting closer and closer to that point every day of this abomination.
No kidding. A rush went through my body when I read that paragraph. I would so love to see that happen.
We are decades past the point of making that work.
Do you mean that people of other religious faiths must depend on the tenets of another religion to establish the existence of their rights?
Of course not.
I wouldn't read too much into that. The author knows he's speaking to a primarily Christian audience. Had he thought for a moment, he might have refrained from adding that to his post.
No sale. It reveals his confusion about rights.
Excuse me — HER confusion.
State gun control laws are unconstitutional as well.
As you wish. No argument from me.
Err . . . my confusion. The writer is male. Just taking the opportunity to express my understanding of the basis of the rights of men (and women).
Yep. "....shall not be infringed."
Amen! Infringe. Look it up!
Did the founders use the ballot box. Did they take polls and use them to decide what to do? They did talk to the king and his lackeys. How did that work out. They did not take the ordeal that was to become the American Revolution lightly. But all other recourse was expended or ineffective, and so, after a long bloody struggle, you got the United States of America and the Constitution.
Hell, if you want to vote on the Constitution, then go ahead. Me, I’ll just read it, take it at face value, and go from there. If that’s OK with you? Or, even if that’s not OK with you.
My country is a representative republic. Based on the Constitution. Not on the whims of the majority or the bribes paid to the whores who populate Washington.
IF you all were talking about CORRECT appeals to the court which failed, THEN I would agree that we are past the time when following the law worked.
BUT - you are not. NONE of you can show me correct appeals. NONE of you can show me where definitions that are actually in the law, which limit these laws to application to corporate officers, or government employees ONLY, have EVER been tried, let alone failed. Or openly discussed and presented by the population to the government.
Hell, most of you dont even care that this astonishing fact exists! I mean, the discovery that corporate officer and government employee laws are being wrongly applied should have everyones attention, because it is the very secret of how things got so out of control and how they can be reigned in peacefully.
But no. Not a glance. Nothing except a bunch of couch cowboys talking crap about a shooting revolution.
Well, you might be shills, hired to spout nonsense and keep people away from the truth. But youre not all shills, and thats the damn shame. Everyones a hero until the first shot is fired, and then you all will want to talk, but it will be too late. Even a child can see the Obama administration is trying everything it can think of to get people to lose it, and strike back with violence. We should be doing everything we can to calm people down, to examine the laws, to learn and refine our response, and NOT RESPOND WITH VIOLENCE.
Hell, I posted an entire analysis showing that none less than the Chief Justice of the Supreme Court risked everything he has to TRY to show the way out of this mess, almost literally pointing out the areas of the law Americans need to study and focus on. Obamacare DOESN’T EVEN APPLY TO YOU. But you’d rather go buy a gun then learn how that could possibly be.
But ask yourself - WHAT could the damn Democrats and Liberals do if conservatives exposed their misuse of the laws IN COURT, and had the Court AGREE to the limitations of these laws? The Communist threat would vanish without a shot!
But Obama laughs because YOU won’t study the law HE did, so YOU can’t catch HIM in his lies.
No, instead, we have a bunch of damn fool cowboys who dont understand that the law is the REASON the Founders fought. They didnt fight TO fight, they fought to establish the law. Theyre turning over in their graves at the thought that the country they fought so hard for is dying because its people - who call themselves, of all things, patriots - cant be bothered to even learn the law all that fighting was for.
Youll only know what true fools you are when the law you spurn is gone.
I’ve never taken a real close look at the rifle he’s holding. But now that I did I notice the barrel is plugged.
You full of crap.
Friend, I resent you dumping on cowboys the way you are. If it weren't for the 'cowboy' types in America, we wouldn't have a country to begin with.
Maybe you're not aware of it, but only 3% of the men in the original 13 colonies had the guts to pick up a rifle and fire at the British. That measley and forlorn 3% faced down the greatest military machine on the planet, and won our freedom.
Those brave and sterling men were America's first 'cowboys', and don't you ever forget it.
Likewise, today there's a certain percentage of American manhood (and womanhood) who are willing and able to stand and fight to preserve our nation in the face of unprecedented tyranny. They understand that the established protocols of the civil order have been subverted and turned inside out to prohibit the People from having any true power, or from achieving any real redress of grievances from the state.
The Constitution was written for a moral people. That's us, but we're no longer in charge. The traitors are, and they're not about to let you 'work within the system' to force them to do what the Constitution and the law SAYS THEY MUST.
Get it through your head that THE SYSTEM IS BROKEN. IT DOES NOT WORK. Scream your fool head off about the law all day and night, but our government is LAWLESS.
Learn all the law you want, but it won’t matter. How complicated is “...shall not be infringed”? It’s a terse yet global clause. The meaning is not opaque to anyone taking the language of the age into account, and yet here we are buried under a mountain of infringements. It doesn’t matter anymore because leftist judges with life tenure have been and are now writing opinions specifically geared toward advancing policy—leftist policy. This is one of the poisonous fruits of the Left’s march through the institutions. America has already crossed the Rubicon and is entering the post-legal age.
I certainly haven’t advocated a shooting war. I haven’t seen anyone that does. But if I’m attacked, and I’m able, I will defend myself. The Feds are the ones who will fire the first shot, If they haven’t already. If you see self defense as starting a war then we’ll just have to agree to disagree.
As for the law. I’m not a lawyer. There are a whole bunch of them in Washington. And hundreds of thousands of them around the country. I read you treatise on Roberts decision. Maybe there’s some room in there for an actual
LAWYER! not me, with a lot of time on his hands to sue our way out of this. I’m still waiting for them to get started.
So, if me following the Constitution as written is in your mind advocating a shooting war then the Country is surely gone. And it may be. There are a whole bunch of our elected representatives who believe the Constitution is out of date and open to some whack out interpretation that suits their agenda. Or, they just ignore it entirely.
As for learning the law. There are hundreds of thousands of people who know the law. And, I would say there are thousands of laws on the books that are Un-Constitutional. So, next time I’m in court for violating one of their unconstitutional laws I’ll just tell’em the laws illegal and walk out?
Anyway, for starters, I believe the Gun Control Act of 1968 is unconstitutional. “Shall not be infringed” is pretty straightforward, don’t you agree? And without looking it up I’m pretty sure that has been taken before the Supreme Court. If not, then I’ll let someone more qualified than me do it. If so, then how did that work out?
As for Obama care. I’m pretty much with you on the Roberts thing. Although, at the time I thought it was a little simpler. I understand that all taxes originate in the House. Since the House was bypassed then the law should be unconstitutional. But, apparently not because not one of our Republican leaders has said a damn thing about that.
thanks for posting article.
I’m looking for a clean print copy of the “Burn Barrels”, but even going to the print feature at bottom of article and even going to PDF, the print reverts to the format that includes ads et al. 5 pgs copied the article, but how can a clean copy be obtained? It may well be some easy thing I’m missing here!
nvm, just got it to print the 5 pages clean. for some reason on previous attempts my computer print option reverted. glad to have it now.
That is encouraging. I don’t know how they plan to get all of the records in the entire U.S. but more power to them. I support that all the way.
So, how did all that trying to work within the system work out for the 1st Continental Congress? History teaches us that if you wait for redress of your grievances from an oppressive enemy, you will wait forever.
Wonderful article, isn't it?
I wish that more Americans had Tim Brown's will to resist tyranny. The man is a patriot of the first order, and I salute him.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.