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All Federal Gun Laws Are Unconstitutional

Posted on: March 5th, 2013

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.

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  • startrekin81

    Umm… Yeah… Duh…

    “The right to bear arms shall NOT be infringed upon.” That pretty much means that federal gun laws are unconstitutional.

    • Rattlerjake

      State gun laws are also unconstitutional.

      • startrekin81

        Absolutely, 100% agree. I thought of that after I posted my original comment.

        Too bad judges are partisan enablers, not enforcers of constitutional law. If they were, there would not be any gun control laws.

        (Double post, sry)

        • Steven

          I didn’t see this comment before posting my comment explining WHY I agree. I am glad there are more people that realise the 2nd amendment applies at ALL levels.
          Actually, federal guns laws would be uncontional without any amendmens. The very stucture of the Consitution is a grant of specific powers to the federal overnment it creates. Any power not granted cannot be legitimately exercised by the frederal government. The 10th amendment only REPEATS what is inherent in the original document.

    • Steven

      Your comment has one unnecessary word. All gun laws, not JUST federal, are unconsitutional. The 2nd amendment does NOT say “the right to keep and bear arms shall not be infringed by the United States (aka federal government)”. It says ‘shall not be infringed PERIOD. Had the very same Congress that proposed the 1st amendment intended to limit its scope to the federal government, they could have used the same language they did in the 1st. “Congress shall make no law…” The term Congress, as used in the Consitution, always refers to the Congress of the United Sates, created by the Constitution. Therefore the 1st amendment limited its scope to the federal government. No uch limit is included in the remaining amendments known as the Bill of Rights. The presence of the limitaion in one amendment, but not the others drafted at the sme ime, logically means the limit is not intened to apply to the amendments that do not inlude it.

  • Bill Montagne

    More than an Un Constitutional act, those laws are acts of treason

    • startrekin81

      Absolutely, 100% agree. I thought of that after I posted my original comment.

      Too bad judges are partisan enablers, not enforcers of constitutional law. If they were, there would not be any gun control laws.

  • CrustyOldGeezer

    it’s past time for EVERYBODY to learn the Rights, Duties, Responsibilities and OBLIGATIONS of the Citizen Juror.

    FIJA(dot)org.

    If you get called for jury duty, GO, do your best to get on the jury and JUDGE whether or not the law is valid and appropriately applied.

    If not, refuse to Convict on UnConstitutional grounds.

    The JURY is the final arbitor, NOT the supremely politicized courts.

    The Court belongs to the People, and the ‘judge’ is only a referee bound by his oath to take no side.

    • http://www.facebook.com/profile.php?id=1323487444 C.P. Lund

      Once you fill out their Jury Duty Summons you will have given up all of your rights and the judge can order you to do whatever the state wants you to do. Once you sign under penalty of perjury that you are a “U.S. Citizen”, ( this is NOT a citizen of the State that you live in. The ‘United States’ is in the District of Columbia, DC), and a “Resident”, (someone that does NOT have the rights of the man or woman of the state that you live in), the court has you by the short hairs.

      • Steven

        100% FALSE. Neither the judge, nor the government from which the judge derives their authority, has the authority to override the authoriy of the jury. Everything after your first sentence was INVENTED by the very people you believe you are opposing to stop you from doing your DUTY as a juror.

  • NolanR

    It has always been my opinion that any anti-gun law was unconstitutional. No one really opposed them
    and they passed thousands of anti-gun bills that, although they were a hinderance, did not do any real
    harm since most people were patriotic Amerians and would not let them go to far. However, for the very
    first time we have an extremely anti American government with a marxist muslim in the Whitehouse
    and around 50% non producing citizenry who will vote for whoever pays them the most so we patriotic
    Americans had better get together and put the teeth back into the Second Amendment and defend it to the
    death and take our nation back fromthe communists in order to and keep it from falling into the hands of the muslims . It will be a hard task but we have no choice unless we want to see freedom vanish from
    the face of the earth. The first thing we need to do is settle with the traitors called the main stream
    media. They have sold America down the river and their worst crime was refusing to vet the non citizen
    communist muslim and allow him to illegally run for president and occupy our White House.

  • Fergie

    Not taking anything away from the young lady’s research, there shoul be no need for anyone to enumerate the reasons that gun laws are illegal. The second amendment states, “… the right to bear arms shall not be infringed.” As such, any gun control measures are unconstitutional.

    • http://www.facebook.com/people/Steve-Thomas/100000389310609 Steve Thomas

      You’re right, and in a pre-Obummer land, that was mostly the case.

  • http://www.facebook.com/profile.php?id=1323487444 C.P. Lund

    By 1913 all real crimes had been determined and there were laws against them already on the books. All so-called ‘laws’ that have been written since then and I mean ALL laws in addition to their “codes” should be repealed or simply be ignored by juries.

    • http://www.facebook.com/people/Steve-Thomas/100000389310609 Steve Thomas

      You are all too right. There are few laws, and less enforcement, for internet crimes. I have had to replace my Discover Card (#) three times, change a bank accout number, do 3 restores on my computer all because of criminals and NO ONE cares. I can’t even find an agengy to whom I can report the crimes. I called the local police and all they said was “wwwwwhhhhaaaaaattttt?????”

  • omega2

    Gun control belongs to the STAYTES RESPECTIVELY and not the FED’S. Read the constitution with reguard to the duties of the FED’S compared to all the STATES RIGHTS. To bad that the CONSTITUTION IS NO LONGER TAUGHT IN SCHOOL LIKE IT WAS DURING MY SCHOOL DAYS. No wonder there is such a great divide between PATRIOTIC AMERICANS AND THE PROGRESSIVES!!!

    • Steven

      According to the ACTUAL language of the 2nd amendment, gun control is unconstiutional PERIOD. The 2nd amendment states the right to keep and bear arms shall not be infringed. It does NOT include an exception for states.

  • NoMoreMarxistsInDC

    And, the state anti-gun laws are unconstitutional as well, since almost every state has a state Second Amendment-type provision in their constitutions. For the states that don’t, like New Jersey, McDonald v. Chicago fixed that problem by incorporating the Second Amendment into the states via the Fourteenth Amendment.

    Therefore, no anti-gun laws (federal or state) are constitutional, period!

    • http://www.facebook.com/people/Dave-Martin/100000259634691 Dave Martin

      I live here in Hellinois, and the state constitution has the second exactly as written in the federal version. Just don’t ask Gov.Quin, he’ll deny it!

    • Steven

      ’2nd amendment type provisions’ at the state level are not necesary to render state gun laws unconstitutional. Re-read the second amendment and tell me where is states WHO shall not infringe the right to keep and bear arms. It isn’t there. On the other hand, the 1st amendment, drafted by the very same Congress, limits itself to the federal governmen by stating that “Conress shall make no law…’ The Constitution consisenly uses the term Cogress to refer to the Congress of the United States that it creates.

  • Stealth

    Listen: NEVER tell anyone these days you own firearms or ammo. If any authorities ever ask?? “Guns?? WHAT stinking guns! I ain’t GOT no stinking guns!” Be smart…. Many of your supposed ‘friends, neighbors, and co-workers’ WILL turn you in in these sad times…. Start tellinh people NOW that already know that you’got rid of them… BE SMART!!

    • http://www.facebook.com/people/Steve-Thomas/100000389310609 Steve Thomas

      Ya, I sold mine when the price more than doubled in 3 months. So slap me, I got geedy. I figured I could get another one when things calmed down. -:)-:)

    • Doc

      Perhaps we should find a rock to hide under as well? It is this lack of understanding about what it takes to be a free man that undermines our society?

  • http://www.facebook.com/eugene.lubben Eugene Lubben

    SCREW the liberal/socialist l;iberals who want our guns ,, NO ONE gets my guns until I tun out of ammo. and they kill me ,,,,,,,,,,,,,

  • GrizzlyIX

    And now, if only to convince Grand Poobah Obozo & ALL his little Libertard ObamaCommies! ! ! !ROFLMFFS-IAO! ! ! ! ! !

  • Doc

    None of this matters until “We the people” start acting like free men. Right now there is little hope that America has enough men/women of courage to make any change happen. The only hope for the country comes from the “grey wolves” in our society. Our young are lumps of gray protoplasm raised on socialist pablum who think brave is a unique avatar. They are, and most likely will die as the products of socialist propaganda from grades K-12. The rare few with courage and heart have already served a half dozen tours in the deserts of the people most likely to destroy us (excepting Congress, of course). What hope do they have for a better America? Stand up, people. Fight! Die if you must, but die like men.

  • RLM357

    It’s about time! I have been screaming this to high heaven for years! The Second Amendment CANNOT be ALTERED or Abolished! The POTUS cannot lead by directive! This POTUS has conti9nually Violated his Oath Of Office to UPHOLD and DEFEND the Constitution of the USA ! ~Rick Magee, FL

  • http://www.facebook.com/sid.cranston Sid Cranston

    We must correct the idiots at every opportunity about gun control. It is NOT! It is the creeping attempt at the total disarmament of America!

  • Rodney

    We all need to band together and make up our minds right now that we are not giving up our guns. That is our only protection against this administration and future administrations. Just like Florida law. STAND YOUR GROUND NOW.

  • robert m.

    Tyrants hate freedom. & the 2nd amendment is a huge roadblock to despots. They MUST infringe before a takeover. They are incessant. There is no shortage of supply to the line of tyrannists. The founders recognized the foul nature of man as derived from Adam. So they built in to the Constitution safetys to guard man from man & freedom. It’s an attack on freedom. It seemed to start with Woodrow Wilson , continued thru FDR Kennedy, Johnson, Carter,Clinton & now Ali- Obama & the 40 thieves. He seems to be the pimple that is ready to pop. He’s in a looong line of Statists That hate freedom. How do we stop him???????????

  • sgtshel

    Americans have been granted this God Given Right in the US Constitution! To deny this, is cause for Impeachment! To cause harm to citizens is also a cause for Impeachment!

  • http://www.facebook.com/charlesbigtruck Charles Durham

    People should also know the true deffinition of Liberty that was written by John Bouvier and was presented to congress and accept also on behalf of the states. You do not need a license to drive or a registration with the state and insurance. I do believe that one should have insurance but can not be forced to obtain.

  • e111w

    Judges everywhere are duty bound by oath to first and foremost represent and protect our Constitution. Nothing gives them discretion of opinion. Those who conduct their proscribed duty are, quite simply, treacherous and treasonous. How in-hell do we do anything about them?

  • Chief47

    Yes they are unconstitutional and, more than likely, the first time the Supreme Court rules on them, they will be declared unconstitutional.

  • http://www.facebook.com/iris.eddy.9 Iris Eddy

    Elected officials need to read our constitution that guarantee citizen rights to own guns to protect us
    against tyranny. Stop meddling in our private affairs and attend to your jobs in D.C.

  • http://www.facebook.com/terry.adams.7902 Terry Adams

    yes and some day they will have to pay for it all.

 
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