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Does Government Even Have the Power to Ban Guns?

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August 3, 2012 in Guns

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Any prohibition on our right to keep and bear arms has no basis in law, and should be met with nullification. 

 

By Richard Walbaum

Imagine if all the politicians were bought or bribed by the bankster globalists, and they wanted to impose a police state and totalitarian form of government on us. Since you can’t have totalitarian government and an armed populace, it would be necessary to take our guns, so naturally the captured government would claim the right to interpret the constitution, interpret government’s powers, and interpret our rights. The Second Amendment, which states that “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed” would end up being construed to mean the opposite. Let’s become clear about this. The right to keep and bear arms was not for hunters. It was the intention of the Founding Fathers that the last bastion of our rights would be an armed populace against an abusive government. As Joseph Story said in 1833:

The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them. [1]

 The courts have ruled that the government only has powers enumerated in the Constitution, or necessary by implication:

The constant declaration of this court from the beginning is that this Government is one of enumerated powers. “The Government, then, of the United States, can claim no powers which are not granted to it by the Constitution, and the powers actually granted, must be such as are expressly given, or given by necessary implication. The Government of the United States is one of delegated, limited, and enumerated powers.” Kansas v. Colorado, 206 U.S. 46, 87 (1907).

And William Rawle stated in 1829:

The prohibition is general. No clause in the Constitution could by any rule of construction be conceived to give to congress a power to disarm the people. Such a flagitious attempt could only be made under some general pretence by a state legislature. But if in any blind pursuit of inordinate power, either should attempt it, this amendment may be appealed to as a restraint on both. [2]

What is the government’s pretense to restrict or prohibit guns? How can assault rifles be forbidden to militia when the purpose of militia is to assault the enemy? The power is claimed under the power to regulate interstate commerce[3] (commerce within a state is controlled by the state), which I explained in my article How the Supreme Court Bastardized the Commerce Clause, is a catch-all allowing the federal government to do pretty much whatever it wants.

This new power was given birth in 1942 in the case of Wickard v. Filburn, 317 U.S. 111, wherein the Supreme Court held that the excess wheat production of a farmer that was consumed for personal use, affected the prices of wheat interstate. By not buying wheat on the open market for his own use, he affected the price of wheat in interstate commerce and came under federal regulation.

As I explained in my article, Supreme Court Justice Clarence Thomas, in a rebuke of the assertion of this power, stated that if the Founders intended the power to include anything that affected interstate commerce, they would have included the word affected. And, there is no reason that “affecting” should be added to the commerce clause and not all the other clauses. Since the use of “affecting” made many or most of the other enumerations of power superfluous, that interpretation cannot be right.

This is the same bogus power that can regulate ammunition or arms.[4] If you have guns, you can’t engage in interstate commerce as effectively because of the fear guns would cause, buyers might stay home, so guns can be regulated. The government doesn’t care about the plain terms of the Second Amendment, that the right to keep and bear arms shall not be infringed. The right was secured in spite of their fearful nature.

It remains for the states and the people to nullify any such law under the 10th Amendment which reserves ungranted powers to the states and the people, and also under the 9th Amendment which secures rights not enumerated in the Bill of Rights, including the right to protect ourselves, a natural right that cannot be prohibited. It has also been shown that where guns are outlawed, crime rates increase, so any presumed prohibition on guns cannot be based on protecting society when the opposite is true.

 

Richard Walbaum, the author of The LAWFUL Remedy to Tyranny and Designed for Plunder, promotes the restoration of righteousness through natural law. Follow Richard @legaltender9 and visit NaturalLawRemedy.com.

To learn to apply natural law remedies, download a free workbook. Watch the YouTube video How to Disobey Unjust Laws.

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Footnotes

[1] Commentaries on the Constitution 3:§§ 1890—91. http://press-pubs.uchicago.edu/founders/documents/amendIIs10.html

[2] A View of the Constitution of the United States 125–26 1829 (2d ed.) http://press-pubs.uchicago.edu/founders/documents/amendIIs9.html

[3] Art. 1 Sec. 8 Cl. 3: “Congress shall have Power … to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”

[4] Government can even regulate your breathing (“carbon causes global warming”) or your thinking; if you have bad thoughts, they can affect the mood of others and can cause societal stress. There is no end to it; all the other enumerations of power become superfluous.

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Comment on this article:

3 responses to Does Government Even Have the Power to Ban Guns?

  1. C said on August 13, 2012

    I believe that even the “gun haters” realize how futile their [panty waist] “cause” is [especially these days], but that won’t stop them from whining and trying anyway.

    The vast majority of politicians know any real attempt to ban or take away our guns would be like hitting a beehive with a baseball bat, and most law enforcement agencies don’t want any part of having to implement and enforce such a dangerous [for them] and ridiculous policy.

  2. I resound what MKULTRA said, they did not give us these rights, so they cannot take them away, or I would say it would be in thier safest interest to leave them be. My guns and the guns of my family will be here untill WE decide we dont need them anymore, that is a decision that no mortal man can alter.

    I have guns, will always have guns and Obama and his derilict minions would be wise to mind thier own business about guns. Americans will always have guns, we will be without government before we are without guns.

    Peace

  3. Our rights are not in the governments perview except to safe guard them.

    Our rights cannot be be changed even with a Constitutional amendment, because they were not given to us by the government.

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