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From Duty to be Armed to Permission to Carry

By  Publius Huldah   12/8/2017

“If the central government has the authority to tell a state it must accept permits from all the other states, then it also has the authority to tell a state it may not accept a concealed permit from any other states. If the central government can do these things it can set up a national concealed carry permit scheme and in essence bring into existence a national arms registry. That is exactly where this is headed.”
-Attorney Richard D. Fry 1

Some are touting the federal Concealed Carry Reciprocity Act of 2017 (HR 38) as a bill which would expand our right to carry. But if you will walk with me for a few minutes, I’ll show you a better path to take.

Let us look at the applicable First Principles, to which I propose we return.


1. Gun control is not an enumerated power delegated to the federal government

Our federal Constitution doesn’t delegate to the federal government any power over the Country at Large 2 to restrict our arms. Accordingly, all pretended federal laws, regulations, orders, opinions, or treaties which purport to do so are unconstitutional as outside the scope of powers delegated. They are also unconstitutional as in violation of the Second Amendment.

The only power the federal government has over the Country at Large respecting arms is set forth at Article I, §8, clause 16 with respect to providing for the “organizing, arming, and disciplining, the Militia”. Pursuant to this clause, Congress passed the Militia Act of 1792 which required every able-bodied male citizen (with a few exceptions) between the ages of 18 and 45 to acquire a rifle, bayonet, ammo, ammo pouch, and report to his local Militia Unit for training. 3


2. What does your State Constitution say about the right to keep and bear arms?

Each State has its own Constitution which addresses its State Militia and the right to be armed.

Now listen: No State may lawfully make any law which contradicts its State Constitution or which interferes with Congress’ power to “organize, arm, and discipline, the Militia”.

Accordingly, any State Statute which purports to require a permit before one may carry a gun is probably unconstitutional under that State’s Constitution; and is certainly unconstitutional under the federal Constitution because Congress may lawfully require able-bodied male Citizens to acquire firearms and ammo and report to their local Militia Unit for training.

Do you see?

Now let’s look at Title 18, US Code, Part I, Chapter 44, which HR 38 proposes to amend.


3. Title 18, US Code, Part I, Chapter 44 is unconstitutional

It sets up a complex federal regulatory scheme over firearms, every word of which is unconstitutional as outside the scope of powers delegated, and as in violation of the Second Amendment.

HERE it is, look through it (§§ 921-931).


4. What HR 38 actually does

HR 38 proposes to amend this existing federal regulatory scheme to insert a new provision [to be § 926 D] to require States which have a statute which permits residents of their State to apply for a permit [!] to carry a concealed firearm

to allow persons from other States:

· who aren’t prohibited by federal law from possessing firearms [!]; and

· who are carrying a photographic ID issued by a government body [!]; and

· who are carrying a concealed carry license or permit from the other State [!],

to possess or carry a concealed handgun (other than a machinegun or “destructive device”) which has been shipped or transported in interstate or foreign commerce.

So, even though a State Constitution, such as that for Connecticut, 4 prohibits the State Legislature from making ANY laws restricting firearms (such as imposing requirements for registration, a permit, government issued photo ID), a Citizen of Connecticut who exercises his constitutionally recognized right to carry without registration or a permit or a government issued photo ID, wouldn’t qualify under HR 38 for concealed carry in another State.

To qualify for concealed carry in other States, the Citizen of Connecticut would need his State Legislature to pass a law [which is unconstitutional under the Connecticut and federal Constitutions], so that he could comply with an unconstitutional federal statute [HR 38], so that he could carry in other States which also would have to pass unconstitutional laws imposing permit requirements on those who carry concealed.

Do you see how a God-given right [self-defense] is thus converted into a privilege which is regulated, granted, or denied, by civil government?

HR 38 also provides that any person carrying a concealed handgun in a State under the reciprocity provisions may also carry concealed in the public parts of National Parks and certain other lands under federal control. Lest you think this a gain, consider that: (1) The Constitution doesn’t authorize the federal government to operate national parks and such like, and (2) the federal government has no lawful authority to impose registration requirements for carrying arms anywhere.


5. What’s the solution?

Read more at the Tenth Amendment Center


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6 comments

  1. The time to have made this observation would have been a century ago. The Progressives’ slow, incremental march toward disarmament of the citizenry will be a tough nut to roll back without a violent confrontation. The good news, as I noted in another thread, is that since the Left really began to step up gun control efforts in the 60’s, the number of privately owned firearms has risen from around 70 million to over 300 million, (and by some estimates even higher, a lot higher). So, in the words of the Millennial Generation — EPIC FAIL!

  2. Thanks to divide and conquer Bath house Barry Obumner, the islamist from Kenya, who singled out any and all God fearing patriots as his enemies, we now have the ultra satanist left pulling out all the stops to separate we the people from our God, country and guns. Just as the King of England so demanded of the colonists, so shall these modern day vile pig copy cats lose in their quest to disarm we the people, who have now been awakened.

    …and as the previous illegitimate regime had it’s enemies list, now we the people too likewise gladly reciprocate. Backed by an army of God fearing free men armed by any means not withstanding 350 million weapons for which to defend against this evil. And yes, we are clear to the name who the real enemies are.

  3. “It is in vain, sir, to extentuate the matter. Gentlemen may cry, Peace, Peace–but there is no peace. The war is actually begun! The next gale that sweeps from the north will bring to our ears the clash of resounding arms! Our brethren are already in the field! Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!”

    >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

    First of all, I say over and over again, the Second Amendment, for that matter all of the Bill of Rights, all of the Constitution, DOES NOT give anyone “Rights”! It PROTECTS our natural, inherent, fundamental, God-given, unalienable(inseparable from our human existence)”Rights” from an overstepping government and tyrants.

    “…That To Secure These Rights, governments are instituted among men, deriving their just powers from the consent of the governed,—” DoI

    “Rights” that each of us are born with. “Rights” that each of us own individually. “Rights” that are above any man-made laws. And thus “Rights” that man has NO AUTHORITY to take away from us, without a just reason in God’s name and due process of law [in a court of our peers].

    Evil men can oppress our “Rights”. Evil men can do harm to us for exercising our God-given “Rights”. BUT, they have no power to take those “Rights” away from us. They were given to us by God, they are OURS!” (Ninth Amendment)

    If good men do not stand up and say “NO”, “those are OUR “Rights””, then our “Rights” will be oppressed and we will be denied the “Right” to exercise our God-given “Rights”. This is what evil men do!

    It is not easy standing up. Evil men excite fear in us all. Fear in ruining our lives, fear in taking our property, and even fear of death. Our Founding Fathers wrote in the last sentence of the Declaration of Independence, “…we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.” They wrote this in the face of the ultimate fear of death with courage and conviction.

    The Bill of Rights only protects our “Rights” if we are willing to stand up and sign and “… pledge to each other our Lives, our Fortunes and our sacred Honor.” The Bill of Rights DOES NOT guarantee our “Rights”, it is only an instrument of protection. But, like any instrument of protection, it MUST BE backed up by people of courage and conviction. OR a government of tyrants will trample all over those protections and thus all over our “Rights” as our government has been doing. Even our local government has been trying to trample on our “Rights”. Trying to be somewhat secretive about it so that “We the People” will not know until it is too late.

    When a government is secretive and manipulating for their own ends then it is no longer “our” government but a government of tyrants! Read the second paragraph of the Declaration of Independence.

    For those who have not studied history, governments attain to control the people so the people can not control the government. Research the “Battle of Athens” of 1947 in East Tennessee – WWII veterans against a corrupt law enforcement and political establishment. This is why our Founding Fathers, all of them, unanimously, put the Second Amendment in the Bill of Rights to protect our means to self defense against enemies foreign AND domestic! (It is in our oath as defenders of our constitution and our way of life) But, our government has been slowly infringing upon this “Right” in the name of safety, their safety from us and their ability to hold power over us.

    Taking these “Rights” back, establishing our “right” to exercise ALL of our natural, inherent, God-given, unalienable “Rights”, will not be easy. Some of us may not live through it. Some of us may go to prison. Some of us will loose our wealth, our fortunes.

    So, the question is, Do you have the courage, conviction, and Honor of our Founding Fathers to stand up no matter what the cost. Or are you a selfish coward, a slave to the tyranny of the government, bent only on preserving your own individual wealth and status without regard for everyone’s liberties and freedoms.”

    >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

    Just passing a “law” DOES NOT constitute “due process of law”, since our “Rights” do not get due process! In fact, it is most usually just the opposite.
    For those passing the “law” are intent upon a narrow-minded agenda that does not include our “Rights”, just an intent to expedite their own end game!

    A law that intends to set a balance so that all people may experience an equality of “Rights” such as stops signs at an intersection is one thing, BUT, a law that rewards a few financially or otherwise at the expense of others is a law of tyrants! A law that disarms or even regulates the arming of law abiding citizens violates the “Rights” of the individual, because it does NOT have at its heart the balance of equality of “Rights”!

    “…The Right … Shall Not Be Infringed.”

    “Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add ‘within the limits of the law,’ because law is often but the tyrant’s will, and always so when it violates the rights of the individual.”
    Thomas Jefferson

    H.R. 38 is just another law that further transfers our “Rights” from us to under the control and authority of the Federal government. The exact opposite of the intended Second Amendment.

    “Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birthright of an American. What clause in the state or federal constitution hath given away that important “Right”…. The unlimited power of the sword is not in the hands of either the federal or state governments, but where I trust in God it will ever remain, in the hands of the people.” Tench Coxe

    “…The Right … Shall Not Be Infringed.”

    NOTE:
    “The Beauty of the Second Amendment is that it will not be needed until they try to take it” attributed to Thomas Jefferson
    Comments: Although it is a very true statement there is no evidence that Thomas Jefferson said or wrote this or any of its variations.

    How long should “We the People” wait and restrain ourselves before we rise up in an armed revolt. If we use the principles of our Founding Fathers we will wait until they come after our arms! If we wait any longer we will have no “teeth” to defend our Liberty, our “Rights”!

  4. I admit i do not remember all of the Constitution but to me if i don’t need a background check on all my other bill of rights then why do i need one for the 2nd? To me i have a right to defend my family and self anyway i can and do not need the permission of any government. These were supposed to be God given rights.

  5. So tell me, if it’s my right that NO ONE can take away, why would I go to jail for concealed carry in New Jersey? Why do I have to defend my “right” in NJ to protect myself? Who is going to come get me out of jail when I get arrested for my “right”? Where are the lawyers who can beat this unconstitutional take away of my “right”?

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