The Federal Firearms Act

The Federal Observer ^ | 10 February 2003 | unknown

[groanup]

"Eventually all of this tortured legalese may be superceded by Rule 308 if the Constitution shredders go too far"

History shows that Rule 308, when enforced by good men, is not ignored by tyrants.

[Travis McGee]

That is the short synopsis of my novel.

[an amused spectator]

I've always been in favor of Proposition 223. The wording of the proposition allows the concerned citizen to vote as many times as he or she feels necessary. ;-)

[Travis McGee]

Yeah, I like Prop 223 also!

[spartan68]

Goes good with this goodie...

Gun laws a minefield for military (California Bans Guns in Military!)

[ConservativeLawyer]

Thanks for the ping. I'll have to read this later and report back.

[suijuris]

Why aren't more Americans challenging federal gun laws? We believe it is because The People of this great nation have an innate understanding that the federal judiciary is corrupt and will not honor the Constitution when required to do so.

Not exactly. The reason is the court system was corrupted long ago by the merging of common law and equity law; resulting (supposedly to bring conformity and simplicity to the judicial system)in a barrier being placed between citizens and the Constitution in the court room. If you don't beleive it; try asserting your consitutional rights the next time you end up in court. The judge will tell you he will not stand for such frivolous talk.

Too much to go into great detail here, but the watershed event was the Enabling act of 1934; which effectively supports (through smoke and mirrors unconsitutional legislative and judicial actions like the income tax; NFA etc.

The Enabling act was served up to congress in late 1933 under dubious circumstances. The ABA had been lobbying for it since 1912; but could not get it through the Senate until Conservative Democrat Senator Walsh of Montana (Head of Senate Judiciary Committe) got out of the way.

Walsh got out of the way by dying of a cerebral hemmorage on his way to confirmation for AG of the US in December 1933. He was immediately replaced by Hommer Cummings (a long time proponent of the merging of common law and equity since the Wilson days - even wrote a book about it) who immediately set out serving up the Enabling Act legislation to congress.

The proposed legislation, as served up by Cummings, went through Congress like $hit thru a goose (there were some detractors of record however). Also, keep in mind what Rosevelt did in March 1933, and that Congress declared the US bankrupt.

The Enabling Act instructed the Supreme Court to set up Federal Rules that were eventually addopted by all states by 1983. The initial rules were started in 1935 and completed by 1938. Even the ABA was miffed about the new change of direction in the Federal Courts in their October 1938 review (ABA publication) of the Thompkins vs Erie decision.

By the way. Hommer Cummings was also the spearhead of the onerous Miller decision that affirmed the NFA of 1934. Of course, the defendants in that decision were never informed to appear before the Supreme Court.

An Arkansas Distirct Federal Judge had slapped down the Miller case under a Demurr (defendants proved feds lacked jurisdiction). Undauanted, Cummings underlings stealhfully had the case served up before the US Supreme Court.

Unfortunately, seems no one could find or took the effort to notify the original defendants (Miller and Latham)so the Miller case went before the Supreme Court virtually unapposed.

The rest is history.

Sui

[philetus]

"from where does the federal government's authority to regulate firearms come?"

It comes from ignorance
It comes from indifference
It comes from fear and
It comes from the barrel of the gun in the feds hand.

[Shooter 2.5]

Well, no.

We have a very good chance of getting some decent U.S. Supreme Court Justices. I don't know how many but we might have the administration for six more years and maybe longer than that. It's still very much up to the ballot box.

Think about that for a minute. After over forty years, and longer if you want to think about Miller vs. the U.S., we can get 6 to 4 rulings[or better] on Second Amendment issues for decades.

[Shooter 2.5]

Uh, 6 to 3.

[Jack Black]

Great Cover. Can't wait to get my copy!! PING

[Jack Black]

Please suggest a book for further reading on the topic of your post. Thanks!

[oyez]

I'm an old fool but the 2nd Amendment couldn't be any clearer to me. The Right to bare arms shall not be infringed. And a militia isn't the National Guard. Any gun regulation ever passed is contrary to the intentions of the Founding Fathers.

[Ches]

I've been visiting Free Republic for about 1 1/2 years but have only recently started posting.

"I have patiently tried explaining this racket to people before and their eyes glaze over..."

That's what's great about this forum. Everyone who participates is interested. I have had the same problem, putting people to sleep with the details and find their eyes glaze over when discussing items not nearly as in depth as this. Most of the people that I talk to are shooters, hunters, conservatives and moderates that at least recognize the Constitution. I can hand them articles of great interest on the subject and they hand them right back after only a cursory glance out of courtesy. I won't waste my time with those beyond hope. Disbelief as to how bad it really is, intellectually lazy or Pollyannas? I can't say, but it can get frustrating.

[PatrioticAmerican]

"We believe it is because The People of this great nation have an innate understanding that the federal judiciary is corrupt and will not honor the Constitution when required to do so."

Worth repeating.

[PatrioticAmerican]

"Rule 308"

Yeah, what Travis said. BTW, seriously busy month, but reading...report later.

[Travis McGee]

Thanks for the history lesson, and please don't be a stranger!

[Travis McGee]

Cranking chapters out in smooth form is going SLOWLY.

[Travis McGee]

That would be great. You will note I said "may," and "if".

[Vast Buffalo Wing Conspiracy]

And yet, most of the people here bemoaning the sad plight of the law concerning the 2nd Amendment, voted for a Presidency and a Congress which has passed a monstrously unconstutional "patriot" act which does more to wipe out our rights than a century of gun control has done....