Nullification Against Gun Control
By Douglas V. Gibbs
"Shall
not be infringed." Those words are an order to
the federal government.
The central government shall not infringe, in any way, against the
fundamental right of keeping and bearing arms. The Second Amendment is
clear. For the purpose of having a militia that is in good order so
that it may protect the States against tyranny, be it foreign, or
domestic, the right of the people to keep and bear Arms, shall not be
infringed.
When
breaking down the language of the Second Amendment, one realizes that
the amendment applies only to the federal government. The reason? "A
well regulated Militia, being necessary to the security of a free
State." Necessary to the security of a free State. A
free Massachusetts, a free Virginia, a free Pennsylvania, a free
Michigan, a free Alaska, a free California, and so forth.
Free from what?
Free from the tyranny of an oppressive federal government.
And who is to protect the States?
A well regulated Militia.
Who is a well regulated Militia?
Some will argue that the 2nd Amendment does not apply to our current society because the militia is a thing of the past.
The
National Guard now serves as the organized militia envisioned by the
Founding Fathers, but an unorganized militia also exists, like the one
that fought the Revolutionary War.
Title
10 of the United States Code provides for both "organized" and
"unorganized" civilian militias. While the organized militia is made up
of members of the National Guard and Naval Militia, the
unorganized militia is composed entirely of private individuals.
United States Code: Title 10 – Armed Forces, Subtitle A – General Military Law
Chapter 13 – The Militia:
Sec. 311. Militia: composition and classes
(a)
The militia of the United States consists of all able-bodied males at
least 17 years of age and, except as provided in section 313 of title
32, under 45 years of age who
are, or who have made a declaration of intention to become, citizens of
the United States and of female citizens of the United States who are
members of the National Guard.
(b) The classes of the militia are -
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of
the militia who are not members of the National Guard or the Naval Militia.
Other
than age, health, gender, or citizenship, there are no additional
provisions for exemption from membership in the unorganized militia.
While it is doubtful that it will ever be called to duty, the United
States civilian militia does legally exist.
What about the part about the militia being well-regulated?
Looking
at the Revolutionary War, the first thing we notice about the militia
was that it was not in very good order. Some of the patriots had no
shoes. The muskets were not the same sizes.
In
the 1828 edition of Webster's Dictionary, the second definition, after
the one about weights and measures, was the definition the founders
meant by the word "regulated." The definition is: To put in good order.
For
the purpose of having a militia in good order so that it may protect
the States against tyranny, the right of the people to keep and bear
Arms, shall not be infringed.
Thomas
Jefferson wrote in his draft of the Kentucky Resolution that any
unconstitutional federal law is
null and void. This means that all federal regulations regarding the
right to keep and bear arms are null and void, because they are
unconstitutional. And because the States are the final arbiters of the
Constitution, the States have the right to nullify (ignore and refuse to
implement) any unconstitutional federal gun control laws.
And it is beginning to happen. . .
Iron
County, Utah is making a preemptive strike against the Federal
government’s attempts to infringe upon the Second Amendment rights of
its citizens. According to a press release, “Laws that violate 2nd
Amendment are null and void and have no effect in Iron
County, Utah.”
On
Thursday, March 14, the Kansas House of Representatives approved House
Bill 2199, the Second Amendment Protection Act, which would nullify any
new federal restrictions — passed either by Congress, presidential
executive order, agency order, rule, or regulation — on firearms,
magazines, and ammunition.
The
bill originally passed Wednesday, March 13, by a voice vote, but the
actual official recorded vote was not taken until Thursday, when it
passed 94-29.
These are just the latest in a whole slew of attempts to
nullify the federal government's assault on the fundamental rights of American citizens.
The
real question is, when the federal government tries to force the States
into compliance, will the authoritarian liberal dictators in the
federal government win over the States? Will the States buckle under
the pressure of the courts? Or will they stand firm on the
Constitution, and protect the rights of the people in their States?
-- Political Pistachio Conservative News and Commentary
Title 10, Chapter 13, U.S. Code, Militia - U.S. Code, House.gov
Regulate Definition - 1828 Noah Webster's Dictionary of the English Language
Draft of the Kentucky Resolutions: October 1798 - Avalon Project, Yale
Iron County Utah Tells Feds, Don't Try to Enforce Gun Laws Here - Freedom Outpost
Kansas House of Representatives Passes Gun Control Nullification - The New American
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Douglas V. Gibbs
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