The Theatre Shooting in Aurora, Colorado and the Sandy Hook Elementary shooting in Newtown, Connecticut are being used by the mass media to force politicians to pass legislation banning (or the President to order a ban on) all semi-automatic rifles and high capacity magazines on the pretense that these guns and magazines are the cause of these crimes and the inability to easily obtain them will stop such crimes.
The premise above is
based upon the following four assertions:
1. The freedom for any person to buy semi-automatic rifles or firearms with high capacity magazines make these crimes easy to commit more frequently.
We all know that the gun and magazine did not kill anybody on
their own. It has also been reported that the vast majority of murders in
2. Banning semi-automatic firearms and high capacity magazine will reduce this kind of crime.
It is likely that a ban on such firearms and their magazines
would reduce the ease at which one could execute such a crime but that is no
guarantee that it would not occur. These types of guns are available on the
black market. But Charles Whitman had 1 shotgun, 3 rifles, and 3 pistols with
him in the
3. The ordinary law abiding citizen has no need for this kind of a weapon because it is designed to kill many people in a hurry.
a. No such guns are needed to defend their property from a criminal.
This is a presumption that all criminals travel by themselves and with very little fire power. This cannot be proved. Criminals have ways of getting powerful and fully automatic weapons on the black market. And even if all they could get was a pipe, 12 of them could overtake anybody with a pistol with only 6 rounds. This also presumes that the government can never become the criminal and use its arsenal of lethal weapons of every description against a person in their home or on the road or anywhere else. Because these military style weapons are designed to kill lots of people in a hurry is precisely why the people should have free access to them so they can defend their lives, liberties and possessions from bands of thugs and government.
b. No such guns are needed to go hunting wild game.
It is also presumed that the only reason anyone in
The purpose of the Second Amendment was never about bagging a trophy deer damn-it. It was about stopping the government from exercising power it did not have authority to exercise and to stop any government, including our own, from trampling the lives, liberties and possessions of the people. And that is exactly what the preamble to the Bill of Rights or First Ten Amendments to the US Constitution says:
?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.?
And founder, Alexander Hamilton also made it clear in his Federalist Letter #29 what the purpose of the militia was and who made up the militia and what kinds of weapons they should have free access to, own, keep and bear at all times:
?By thus circumscribing the plan, it will be possible to have an excellent body of well-trained militia, ready to take the field whenever the defense of the State shall require it. This will not only lessen the call for military establishments, but if circumstances should at any time oblige the government to form an army of any magnitude that army can never be formidable to the liberties of the people while there is a large body of citizens, little, if at all, inferior to them in discipline and the use of arms, who stand ready to defend their own rights and those of their fellow-citizens. This appears to me the only substitute that can be devised for a standing army, and the best possible security against it, if it should exist.?
And it is clear that the US Federal government has maintained an unconstitutional Federal Standing Army for over 60 years according to Article 1 Section 8:
?To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two years;?
That means that the Federal Government cannot fund a Federal
Standing Army for more than two years after the completion of a lawfully
declared war. At the completion of a declared war all men and equipment should
be returned to the respective states under the authority of the governors of
said states. And in case you might conclude from
?A stranger to our politics, who was to read our newspapers at the present juncture, without having previously inspected the plan reported by the convention, would be naturally led to one of two conclusions: either that it contained a positive injunction, that standing armies should be kept up in time of peace; or that it vested in the EXECUTIVE the whole power of levying troops, without subjecting his discretion, in any shape, to the control of the legislature.
If he came afterwards to peruse the plan itself, he would be surprised to discover, that neither the one nor the other was the case; that the whole power of raising armies was lodged in the legislature, not in the executive; that this legislature was to be a popular body, consisting of the representatives of the people periodically elected; and that instead of the provision he had supposed in favor of standing armies, there was to be found, in respect to this object, an important qualification even of the legislative discretion, in that clause which forbids the appropriation of money for the support of an army for any longer period than two years a precaution which, upon a nearer view of it, will appear to be a great and real security against the keeping up of troops without evident necessity.?
Have we not heard until we are sick that; ?the world is a much
more dangerous place now and it is evident that the federal government needs to
maintain a standing army and deploy them all over the world as we have done for
over sixty years.? I submit to all that when standing armies become a popular
way of providing jobs to the jobless and money to the defense contractors that
there becomes a self sustaining power that can create its own incidents to
justify its existence. Wars themselves become fabrications of the Military
Industrial Complex. Take the two wars we are in presently in
4. The United States Government cannot become tyrannical and only lunatics who believe in the tooth fairy and conspiracy theories believe in such things.
a. The US Federal Government is not tyrannical now.
Ben Shapiro was interviewed on the Piers Morgan show where he
said that the real meaning of the Second Amendment was not about crime or
hunting but about stopping government tyranny. And obviously that is correct
from what the founders said in the Preamble to the Bill of Rights and
Federalist Letter #29. Piers Morgan replied with something similar to: ?You
don?t think your own government would turn against the people and harm them do
you? That sounds like conspiracy theory!? Mr. Shapiro assured Piers Morgan that
indeed almost every democracy in the world has turned into tyranny and killed
many thousands and even millions of their own people. Mr. Shapiro went on to
say that maybe not now but in a hundred years or so that might happen. I have
very bad news for Mr. Shapiro. We have full blown tyranny in
Because people no longer study John Locke, they cannot determine when lawful government ceases and when unlawful tyranny begins or when lawful government is dissolved and everything government does becomes tyranny. The last chapter of John Locke?s Second Treatise of Government concerns dissolution of lawful government from within. Dissolution of lawful government occurs when a change in constitutional form is made by any act of the legislature, judiciary or executive that is not permitted using a constitutional amendment. This is not to be confused with a mere violation of the constitution where an official of the government violates any provision of the constitution without changing the law or operational form of the nation or state. That means there are violations of the constitution that are unto death and some that are not. Those mere violations of the constitution can be remedied by the federal courts but violations that change the constitutional form without permission of the people by amendment dissolve the state or federation or union and those are unto death and no dissolved court has lawful authority to adjudicate anything. Dissolved nations and states have no authority to restore their authority or to make their government lawful again. Upon dissolution the people must start over.
The effect of dissolution is that all those sitting in the seats of a dissolved government have no authority and henceforth everything they do is tyranny. Because it is also known that all things done by government without authority is tyranny. As the old saying goes, ?Where law ends tyranny begins.? The United States Federal government is dissolved at least ten times over and it only takes one alteration in form without an amendment to dissolve the whole union. But we can prove at least ten major changes in form by law that were not approved by the people in the form of an amendment:
?
The
use of paper currency created by at least one law, ?Legal Tender Act? of 1862,
in violation of Art.1 Sec.10;
?
The
creation of a central bank in 1913 (Federal Reserve Act), a cartel or monopoly
on banking to print paper currency in violation of the 10th
Amendment.
?
The
passage of the ?Emergency Banking Act? of 1933 to print paper money not backed
by gold or silver and charge the union interest, a power not granted to the
union in violation of the 10th Amendment;
?
The
seizure of all property of Americans for the collateral to be used to back up
the paper currency rather than gold and silver, ?Emergency Banking Act? of
1933, in violation of the Fourth and Fifth Amendments.
?
The
maintenance and use of a federal standing army for more than two years after
completion of a declared war by various laws and resolutions including Public
Law 107 - 243
OCT. 16, 2002 AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ in violation of Art.1 Sec.8;
?
The collection
of a direct federal tax upon the individual citizens of the several states,
without apportionment based upon the census, created by law in violation of
Art.1 Sec.9;
?
The
passage of ?The Patriot
Act? in violation of the Fourth and Fifth and Tenth Amendments;
?
The
passage Obama Care and Supreme Court ruling finding a fine imposed by the IRS
for not buying a product, health insurance, in the free market as a lawful IRS
tax, in violation of the Tenth Amendment;
?
The
passage of several federal
acts regulating gun ownership by citizens of the several states in
violation of the Second Amendment;
?
The
creation of several departments by law, including Federal Education Department,
to unlawfully bribe the states into implementing federal regulations, where the
union has no power to institute them directly, in violation of the 10th
Amendment;
?
The
execution of two unlawful and undeclared wars and occupations created by law in
violation of the 10th Amendment and Art.1 Sec.8.
?
The joining of the United Nations, which is a
form of government having a legislative, judiciary and executive branch which
transfers authority to make, adjudicate, and execute laws by those who the
people did not place their delegated authority. In fact the Iraqi war was the
unlawful enforcement of a UN Sanction by the
b. The US Federal Government can never become tyrannical.
The Federal union has become tyrannical because it has clearly altered the constitutional form of the nation by law without the permission of the people by amendment thereby destroying the government that the people had agreed to. Therefore, none of them in office or employed by the Federal government has any authority to act for or against the people. Tyranny is not something on the way, it is something here now that has already seized our property and now they want to take our means of defense. It would be very stupid to give them our means of defense so they could make it safe for school children. They have purposely left all school children behind to be slaughtered by tyranny in the millions.