All Federal Gun Laws Are Unconstitutional

All Federal Gun Laws Are Unconstitutional

 by Tim Brown

Freedom Outpost’s 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.”

Huldah goes through the history of the Federal government’s unlawful actions to regulate firearms in America and she points out that when it started, the Progressives had already begun a takeover. I’ll also note 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 men’s rights, according to the Declaration of Independence, and the right to defend one’s self and one’s 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 indicate that the Framers of the Constitution understood this idea:

1. Militia – armed citizens – Second Amendment
2. 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 war 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 country’s 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 isn’t 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 government’s tyranny. 

“Let’s 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 shouldn’t 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,” stop them and then push them back in place where they belong. Seriously, I almost feel like saying, “I’m 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.