By Fremont Brown- The 2nd amendment is a NATURAL RIGHT. We were born with certain “inalienable” natural rights. Natural rights are rights which are “natural” in the sense of “not artificial, not man-made”, as in rights deriving from human nature, or from the edicts of a god.
They are universal; that is, they apply to all people, and do not derive from the laws of any specific society. They exist necessarily, inhere in every individual, and can’t be taken away. For example, it has been argued that humans have a natural right to life. They’re sometimes called moral rights or inalienable rights. A right is an inherent, irrevocable entitlement held by all citizens or all human beings from the moment of birth. It is not a privilege granted to one.
A privilege can be taken away, a right can not. These natural rights are guaranteed by our Constitution’s Bill of Rights that We The People can keep and bear arms WITHOUT any infringement. Meaning exactly that – NO Rules, Laws or Regulations concerning arms of any type. For is not a rule, law or regulation an infringement?
The Bill of Rights are rights the People hold and the Government is suppose to protect. Our Federal Government violated our trust in this concern some years ago and continue to do so to this day. The Bureau of Alcohol, Tobacco, Firearms and Explosives and its rules, laws and regulations along with any other infringement our Federal Government may or has come up with concerning arms are therefore, in my opinion, unconstitutional.
In the Supreme Courts 2nd Amendment Ruling of 6/28/2010, according to reports, Judge Alito, states: that in some instances the right to bear arms can be limited. It, is my opinion he is incorrect, as he seems to forget the last four words of the amendment-shall not be infringed.
As a Limit of some type would be an infringement of some type. Nor is any limit implied. I would like Judge Alito to show me were in the amendment the word or words “limit, can be limited to, is limited to, etc appear.”.
We must remember that the Bill Of Rights, the first ten amendments to the United States Constitution, protects the rights of all citizens of the United States and its territories. And puts limits on the powers of the Federal Government.
The 2nd Amendment DOES NOT give the rights to the Militia to keep and bear arms. It only states that a militia is necessary to the security of a free state. A militia is a group of citizens coming together to provide defense against an enemy or its own government that has gotten out of hand. It is not the National Guard ** or the Army Reserve.
The government changed (in my opinion) the true meaning of Militia in 1903. The true Militia in my mind is a group of citizens coming together to provide defense against an enemy or its own government that has gotten out of hand. If the government has control of the Militia how do the people protect themselves against the government when all else fails?
Does it not make sense that since the government was formed by us the people that government property belongs to us the people? Its seems to me the government has no right to tell anyone they can not protect themselves by carrying arms on themselves while on government property (our property). The 2nd Amendment of course, also covers ammunition and other items the citizen needs to use the arms. For without these items the citizen can not use his arms and therefore his rights would be infringed.
No Treaty trumps the U.S. Constitution as the U.S. Constitution is the supreme law of the land. “Treaties must be made: “in pursuance” of the Constitution’s delegated powers as well. To do otherwise is a serious usurpation of the very nature of our Constitutional Republic.
To allow foreign law to trump the Supreme Law of the Land leaves the people of this nation in a precarious situation at best with their liberties.” – Tenthamendmentcenter.com
The preamble to US Constitution states: We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
In other words the government was formed by the people for the people – not for the government. We have a natural right to self-defense. Another very important reason for the 2nd Amendment was so if, our government took these rights from us, we could take them back the same way our forefathers did. If, other ways failed to do so.
The North Carolina Constitution states in Article 1, Sec. 30: Militia and the right to bear arms – 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; and, as standing armies in time of peace are dangerous to liberty, they shall not be maintained, and the military shall be kept under strict subordination to, and governed by, the civil power. Nothing herein shall justify the practice of carrying concealed weapons, or prevent the General Assembly from enacting penal statutes against that practice. I ask shouldn’t this whole Article be removed from the North Carolina Constitution?
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
Amendment II of the U.S. Constitution: 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.
The U.S. Constitution is the Supreme Law of the Land, meaning the WHOLE U.S.A. and its Territories. The laws of any State shall not be contrary to the U.S. Constitution. I ask you are not the laws made by the States concerning arms UNLAWFUL? Isn’t any and every law made by the U.S. Government and the State Governments concerning arms an infringement of your right that the U.S. Government is suppose to protect?
And since they are UNLAWFUL are they not null and void and therefore not LAW?
Unconstitutional Official Acts, 16 Am Jur 2d, Sec 177 late 2d, Sec 256:
The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land.
The U.S. Constitution is the supreme law of the land, and any statute, to be valid, must be In agreement. It is impossible for both the Constitution and a law violating it to be valid; one must prevail. This is succinctly stated as follows:
The General rule is that an unconstitutional statute, though having the form and name of law is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of it’s enactment and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.
Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it…..
A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby.
No one Is bound to obey an unconstitutional law and no courts are bound to enforce it.
NCGOP District 11 Member-at-Large & Communications-Webmaster
NCGOP Executive Committee Member-at-Large
North Carolina Federation of Republican Men, VP Mountain, Webmaster
Buncombe County Republican Men’s Club Member
Tarheel Tea Party, LLC, CEO
Tea Party Patriots, Local Coordinator
FreedomWorks Super Activist
Virgil Productions, LLC, CEO
TeaPartyTV.US/.COM, a Virgil Productions, LLC Website
NRA Life Member
Western NC Friends of NRA, Volunteer