All Federal Gun Laws Are Unconstitutional

Freedom Outpost

Freedom Outpost’s Constitutional scholar Publius Huldah recently explained why  Federal gun laws is 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 not 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 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 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” and 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.

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