February 16th, 2013

SC Attorney General: Come Get the Guns!


SC AG Wilson

Here is an interesting article telling us the South Carolina Attorney General, Allan Wilson, says: “if federal gun confiscation was ordered that neither state law nor state law officials may interfere or otherwise impede federal law enforcement officers as they perform their lawful duties.” How interesting!

It is AG Wilson’s belief in the Supremacy Clause that makes him believe the Federal Agents have free reign to do as they please, even though he states the duties of the Feds must be lawful. – Shorty Dawkins, Associate Editor

The Congressional Two-step with Mick Mulvaney

In an opinion requested by Kershaw County Sheriff Jim Matthews, SC Attorney General Allan Wilson suggest that if federal gun confiscation was ordered that neither state law nor state law officials may interfere or otherwise impede federal law enforcement officers as they perform their lawful duties. Sighting many examples of case-law (incremental social engineering by the use of precedent to move public policy) Wilson makes the case for federal supremacy, when and if the federal government should choose to enforce, whatever law that is passed. The seven page opinion was prompted when concerned residents asked the sheriff if he would take their guns if federal law required it. “A lot of sheriffs want to be able to fall back on what the AG says on what we lawfully have to do or don’t have to do,” Matthews said in a State paper interview. The report also states Matthews said it’s pretty clear that sheriffs do not enforce federal laws, and he doesn’t believe that he can stop federal agents from coming into his county to enforce them.

With this opinion by the SCAG, state law enforcement will not stand in the way of gun confiscation.

The rest of the article here.




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6 Responses to “SC Attorney General: Come Get the Guns!”

  1. 1
    Darin Bowers Says:

    Ummmm Wilson and Mathews, you both can [phrase deleted by editor, EA] traitors. You tell them to come for them , better yet, get your ass up here and try to take mine yourself, you [phrase deleted by editor, EA]. You will go to prison, so help me God. If a fight is what you want, then thats what you will get. And if we fail, which is impossible, but if by chance we do……. then at least it will be said of us,
    THAT FREE MEN STOOD AGAINST THE TYRANTS, WE WOULD NOT BOW DOWN AND LICK THE FEET OF SLIMY POLITICIANS AND EVIL MEN, THE LAST OF THE FREE MEN ONCE WALKED THE EARTH, AND THEIR NAMES WERE THE OATHKEEPPERS.

    [word deleted by editor, EA] ALL YOU TYRANT BASTARDS.

    APRIL 19TH……….

    So help me God, on my Oath
    -Darin Bowers

    Now you got me pissed. My grandmothers parents immigrated here, she had a profound love for this country. She would always tell me how much she loved it here, and made us all sing “God Bless America” on New Years Day as she rang her little bell, that was mounted beneath a candle that was lit for Freedom. My Grandmother was a great woman, unlike these tyrant assholes of late. She worked for Senator Robert D. Fleming in Pittsburgh for 23 Yrs. He too was a great man from i knew of him and from what she told me, he did hot mince words, and neither did she. They named a bridge after him in Sharpsburgh PA, where he was born and where i have lived, and my grandmother lived in the next town of Aspinwall. She died, ironically, on Sept 11, 2008. A date that will forever haunt me. She was passionate about America what she believed in, and passed this down to all of her children and grandchildren. Dorothy Kumer was a Saint, i love her and i miss her. I will not stand idly by while the very jewel of what so many like my grandmother held dear, what their parents came here for, is pissed on and ripped away from us by liars, cowards, tyrants and two faced asshole politicians. I CANNOT BACK DOWN THIS TIME. I WILL NOT BACK DOWN THIS TIME. YOU WILL NOT TAKE THE TEETH OUT OF OUR CONSTITUTION, YOU WILL NOT MAKE US DEFENSELESS LIKE CHICAGO, NEW YORK AND LA. THIS IS THE LINE IN THE SAND THAT I WILL DEFEND. DO…..NOT…..CROSS…..IT. REPEAL ALL UNCONSTITUTIONAL FIREARM RESTRICTIONS ON LAW ABIDING CITIZENS IMMEDIATELY. WE SECURE OUR FREEDOM IN AMERICA WITH FIREARMS. THAT IS THE HEART OF OUR CONSTITUTION AND THAT IS WHAT OUR FOUNDERS INTENDED. THIS IS WHY THE MILITIA (ORDINARY CITIZENS) MUST HAVE THE SAME WEAPONS AS OUR MILITARY. DO….NOT….CROSS….THE LINE. WE WILL NOT BE DISARMED. PERIOD.

    APRIL 19TH………….

    THESE ARE MY RIFLES, THERE ARE MANY LIKE THEM, BUT THESE ONES ARE MINE. MY RIFLE AND I ARE THE DEFENDERS OF MY COUNTRY, AND WE WILL BE FAITHFUL. SO HELP ME GOD.

  2. 2
    csaaphill Says:

    uggh all I got to say on this seems like history is repeating itself. Some went North Some went South.

  3. 3
    Cal Says:

    It seems like AG Wilson does not understand his lawfully required and legally binding oath, not the US Constitution or SC constitution. It seems like since he is breaking his oath you need to replace him immediately as per the laws require (will post them below). Also make AG Wilson understand that the LAWFULLY required and LEGALLY binding oath is a REQUIREMENT that MUST be kept if he is to LAWFULLY remain in the current position he is occupying. (caps and arrows are mine for emphasis)

    This: “It is AG Wilson’s belief in the Supremacy Clause that makes him believe the Federal Agents have free reign to do as they please, even though he states the duties of the Feds must be lawful. – Shorty Dawkins, Associate Editor” is an excuse for the AG not knowing (as his position requires him to as one of the top law enforcement) the ACTUAL meaning of the Supremacy Clause.

    It flat out says ‘in “pursuance thereof” the US Constitution’ – which means that if a federal law, bill, amendment, etc goes against the US Constitution it is “NULL AND VOID”.

    When it is a person in a position that should KNOW AND UNDERSTAND THE LAWS OF THE LAND because they enforce them – there is NO excuse for their ignorance. Remember, ignorance of the law is no excuse in a court of law against the general populace even though the laws they have today are too numerous for anyone to know.

    Ignorance in a person serving in a position that is REQUIRED to know and enforce the US Constitution and their state Constitution laws is much worse and should never be excused. Educate him about the true meaning, and if he does not change his stance – then it is actually treason – working to destroy the US Constitution, our legitimate government from inside (domestic enemy). Do NOT allow this to go on. In that case, remove him from office immediately as the law requires.

    If it is not ignorance, it is treason. It is up to the people who are aware of the problem to “educate” those who should know, and took an oath requiring their knowledge or how could they “support and defend” it?

    The unannotated South Carolina Constitution is now current through the 2012 session.

    Preamble, CONSTITUTION OF THE STATE OF SOUTH CAROLINA
    We, the people of the State of South Carolina, in Convention assembled, grateful to God for our liberties, do ordain and establish this Constitution for the preservation and perpetuation of the same.

    ARTICLE I, DECLARATION OF RIGHTS
    SECTION 1. Political power in people: All political power is vested in and derived from the people only, therefore, they have the right at all times to modify their form of government.

    SECTION 3. Privileges and immunities; due process; equal protection of laws: The privileges and immunities of citizens of this State and of the United States under this Constitution shall not be abridged, nor shall any person be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

    SECTION 10. Searches and seizures; invasions of privacy: The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures and unreasonable invasions of privacy shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, the person or thing to be seized, and the information to be obtained.

    SECTION 17. Treason: Treason against the State shall consist alone in levying war or in giving aid and comfort to enemies against the State. No person shall be held guilty of treason, except upon testimony of at least two witnesses to the same overt act, or upon confession in open court.

    —> SECTION 20. RIGHT TO KEEP AND BEAR ARMS; armies; military power subordinate to civil authority; how soldiers quartered.
    A well regulated militia being necessary to the security of a free State, THE RIGHT OF THE PEOPLE TO KEEP AND BAR ARMS SHALL NOT BE INFRINGED. As, in times of peace, armies are dangerous to liberty, they shall not be maintained without the consent of the General Assembly. The military power of the State shall always be held in subordination to the civil authority and be governed by it. No soldier shall in time of peace be quartered in any house without the consent of the owner nor in time of war but in the manner prescribed by law.

    SECTION 21. Martial law: No person shall in any case be subject to martial law or to any pains or penalties by virtue of that law, except those employed in the armed forces of the United States, and except the militia in actual service, but by the authority of the General Assembly

    — > SECTION 23. Provisions of Constitution mandatory. The provisions of the Constitution shall be taken, deemed, and construed to be mandatory and prohibitory, and not merely directory, except where expressly made directory or permissory by its own terms.

    RTICLE XIII, MILITIA

    SECTION 1. Militia: The militia of this State shall consist of all able-bodied male citizens of the State between the ages of eighteen and forty-five years, except such persons as are now or may be exempted by the laws of the United States or this State, or who from religious scruples may be adverse to bearing arms, and shall be organized, officered, armed, equipped and disciplined as the General Assembly may by law direct.

    SECTION 2. When exempt from arrest. The volunteer and militia forces shall (except for treason, felony and breach of the peace) be exempt from arrest by warrant or other process while in active service or attending muster or the election of officers, or while going to or returning from either of the same.

    SECTION 3. Governor may call out. The Governor shall have the power to call out the volunteer and militia forces, either or both, to execute the laws, repel invasions, suppress insurrections and preserve the public peace.

    —- > ARTICLE XVII, MISCELLANEOUS MATTERS SECTION 4. Supreme Being: No person who denies the existence of a Supreme Being shall hold any office under this Constitution.

    ARTICLE III, LEGISLATIVE DEPARTMENT SECTION 26. Oath of office: Members of the General Assembly, and all officers, before they enter upon the duties of their respective offices, and all members of the bar, before they enter upon the practice of their profession, shall take and subscribe the following oath:

    “I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been elected, (or appointed), and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God.”

    SECTION 27. Removal of officer: Officers shall be removed for incapacity, misconduct or neglect of duty, in such manner as may be provided by law, when no mode of trial or removal is provided in this Constitution.

    United States Constitution
    Preamble to the Bill of Rights

    Congress of the United States
    begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

    THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

    RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.
    ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

    Note: Ratified December 15, 1791, and form what is known as the “Bill of Rights.” The Bill of Rights are – as used by the US Constitutional framers who used the definition by William Blackstone (“Commentaries on the Laws of England”) of unalienable rights:

    “Those rights, then, which God and nature have established, and therefore called natural rights, such as life and liberty, need not the aid of human laws to be more effectually invested in every man than they are; neither do they receive any additional strength when declared by the municipal laws to be inviolable. On the contrary, NO HUMAN LEGISLATURE HAS THE POWER TO ABRIDGE OR DESTROY THEM, unless the owner shall himself commit some act that amounts to a forfeiture.”

    Modern definitions of “Inalienable rights”, and “unalienable rights”:

    Inalienable rights: “a right according to natural law, a right that cannot be taken away, denied, or transferred”. “Protected from being removed or taken away”

    Unalienable: “Not to be separated, given away, or taken away.” “Inalienable or unalienable refers to that which cannot be given away or taken away.”

    Criminal Laws regarding the Oath of Office
    Federal law regulating oath of office by government officials is divided into four parts along with an executive order that further defines the law for purposes of enforcement.

    5 U.S.C. 3331, provides the text of the actual oath of office members of Congress are required to take before assuming office.

    5 U.S.C. 3333 requires members of Congress sign an affidavit that they have taken the oath of office required by 5 U.S.C. 3331 and have not or will not violate that oath of office during their tenure of office as defined by the third part of the law,

    5 U.S.C. 7311 which explicitly makes it a federal criminal offense for anyone employed in the United States Government to “advocate the overthrow of our constitutional form of government”.

    18 U.S.C. 1918 PROVIDES PENALTIES FOR VIOLATION OF OATH OF OFFICE DESCRIBED IN 5 U.S.C. 7311 WHICH INCLUDE: (1) REMOVAL FROM OFFICE AND; (2) confinement or a fine.

    The definition of “advocate” is further specified in Executive Order 10450 which for the purposes of enforcement supplements 5 U.S.C. 7311.

    Executive Order 10450 provision specifies it is a violation of 5 U.S.C. 7311 FOR ANY PERSON TAKING THE OATH OF OFFICE TO ADVOCATE “THE ALTERATION… OF THE FORM OF THE GOVERNMENT OF THE UNITED STATES BY UNCONSTITUTIONAL MEANS.”

    Our FORM OF GOVERNMENT IS DEFINED BY THE CONSTITUTION OF THE UNITED STATES; according to Executive Order 10450 plus 5 U.S. 7311 – ANY ACT TAKEN BY GOVERNMENT OFFICIALS WHO HAVE TAKEN THE OATH OF OFFICE PRESCRIBED BY 5 U.S.C. 3331 WHICH ALTERS THE FORM OF GOVERNMENT OTHER THEN BY AMENDMENT, IS A CRIMINAL VIOLATION OF 5 U.S.C. 7311.

    Civil offense of breaking the Oath of Office:
    Article VI, Clause 2 of the US Constitution: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

    The Constitution of the United States of America IS the Supreme Law of this land, NOT those who serve within the federal government.

    The first law statute of the United States of America, enacted in the first session of the First Congress on 1 June 1789, was Statute 1, Chapter 1: an act to regulate the time and manner of administering certain oaths, which established the oath required by civil and military officials to support the Constitution.

    The wording of the Presidential Oath was established in the Constitution in Article II, Section 1, Clause 8.

    ‘Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”’

    The Framers placed the presidential Oath of Office after the beginning clauses setting forth the organization of the executive department, and before the ending clauses that specify the contours of the President’s assigned power. The President takes the oath after he assumes the office but before he executes it. The location and phrasing of the Oath of Office Clause strongly suggest that it is not empowering, but that it is limiting – the clause limits how the President’s “executive power” is to be exercised.

    The requirement for all Federal and State Civil officers to give their solemn and binding Oath is established in Article VI, Section 1, Clause 4.

    They are bound by their Oath to support the US Constitution, and should they abrogate their Oath by their acts or inaction, are subject to charges of impeachment and censure – political remedy for a political offense; civil and criminal charges.

    “I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.”

    Once given, the Oath is binding for life, unless renounced, refused, and abjured. It does not cease upon the occasions of leaving office or of discharge.

    SOLEMN: “LEGALLY BINDING, Common legal phrase indicating that an agreement has been consciously made, and certain actions are now either required or prohibited. The other requirement for an agreement or contract to be considered legally binding is consideration – both parties must knowingly understand what they are agreeing to”

    Bound: “BEING UNDER LEGAL or moral obligation; to constitute the boundary or limit of; to set a limit to; confine”

    LEGALLY BINDING: Common legal phrase. Lawful action, such as an agreement consciously agreed to by two or more entities, establishing lawful accountability. An illegal action, such as forcing, tricking, or coercing a person into an agreement, is not legally binding. Both parties knowingly understand what they are agreeing to is the other requirement to legally establish an agreement or contract.

    CONSIDERATION: “Consideration in a contract is a bargained for exchange of acts or forbearance of an act.”

    REQUIRE, REQUIREMENT, REQUIRED: MANDATED UNDER A LAW OR BY AN AUTHORITATIVE ENTITY. “To claim or ask for by right and authority; That which is required; a thing demanded or obligatory; something demanded or imposed as an obligation.”

    CONTRACT: “An agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law.”

    The Framers placed the requirement for “Oaths of Office” in the Constitution. These Oaths are to function as “checks” on the powers of the federal government and protect us from usurpations.
    Each Branch of the federal government has “the check of the Oath” on the other two branches. The States, whose officials also take the Oath of Office, have the same check on all three branches of the federal government. And “We the People”, the “original fountain of all legitimate authority” (Federalist 22), have the Right to overrule violations of the Constitution by elected and appointed officials.

    Webster’s 1828 Dictionary says for “Constitution”: “…In free states, the constitution is paramount to the statutes or laws enacted by the legislature, limiting and controlling its power; and in the United States, the legislature is created, and its powers designated, by the constitution.”
    If any Branch fails to obey the “supreme Law”, then, in order to preserve the Rule of Law, the other Branches, or failing that, the States or the people, must overrule them”.

    Realize that it will take some work to get those who have broken the oath removed from office. Make sure to educate those in your state of US Constitution Preamble to the Bill of Rights, the SC Constitution, and the laws regarding Oaths. Let your sheriffs and those serving in the state government know that if they break the Oath, you need to IMMEDIATELY replace them.

    Who is LAWFULLY REQUIRED to take the oath?

    The THREE BRANCHES OF OUR FED GOVERNMENT, the MILITARY, ALL LAW ENFORCEMENT, the HEADS OF STATES, ALL FEDERAL EMPLOYEES are required to take an Oath to support and defend the Constitution and NOT an individual leader, ruler, office, or entity. Once given, THE OATH IS BINDING FOR LIFE, unless renounced, refused, and abjured. It does not cease upon the occasions of leaving office or of discharge.

    If they did not, or do not take the oath – they cannot hold the office. If they do not KEEP the Oath they no longer meet the LAWFUL requirements of the office or position they are occupying and can be, and should be, prosecuted for criminal and civil offenses.

    Until we start holding those who take the lawfully required and legally binding oaths accountable – criminal actions on their parts will continue to occur and will get much worse then what they are currently doing. There are numerous precedents where those who did not take the oath, did not keep the oath, enforced unlawful laws, bills, amendments, orders, etc were prosecuted for their actions or removed from the position they were occupying.

  4. 4
    SIGO Says:

    What guns? I don’t have any guns…

  5. 5
    JSrroger Says:

    Attorney General, Allan Wilson must not be aware that in every county the SHERIFF has more power than the President. I would hope each Sheriff would stand tall against the unlawful confiscation of arms in his county. When federal law violates the Constitution we must stand with the Constitution against federal “law”

  6. 6
    Joe Berry Says:

    Attorney General Alan Wilson will run into opposition from Governor Haley whom is a strong 2nd amendment supporter

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