At first you may say, no way, it is a guaranteed right. That is quite true. But, there are ways around that.
Our Founding Fathers were very intelligent. That is easily verifiable through their collective writings, especially the Declaration of Independence and the Constitution of the United States, and the subsequent founding of this great country.
However, there are politicians and Federal judges who are attempting to be clever with the end result of taking away, little by little, our unalienable right to self-defense. They do this by ignoring or adding meaning to our Supreme Law of the Land.
And, a Federal judge's decision fundamentally stands as a precedent of law (unless overturned by the Supreme Court).
Our Founders and those who served during that time period attempted to give us fair warning that this may occur, also through their writings.
For example, Virginia militia Major St. George Tucker (later appointed in 1813 by President James Madison as the U.S. District Court judge for Virginia) wrote, "Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction."
Notice how Tucker says "...under any color or pretext whatsoever, prohibited,..."
This has been, and is, occurring.
Our Supreme Court, which is supposed to uphold our Constitution, has, as of right now, miserably failed the American people.
There are at least seven states that ban some form of assault weapons and high-capacity magazines, including California, Connecticut, Hawaii, Maryland, Massachusetts, New Jersey and New York. And there are numerous cities that have instituted their own bans or limitations.
These bans are in clear violation of 2A. Yet, back in 2015, SCOTUS refused to review the ability of cities and states to ban semiautomatic assault weapons and high-capacity magazines. Although Justices Clarence Thomas and Antonin Scalia wanted to hear a case that year which could have upheld our unalienable right to bear arms, they were out-voted.
More recently, there was a decision by the U.S. Court of Appeals for the Third Circuit to uphold the New Jersey ban on "high capacity” magazines citing that their ban “does not unconstitutionally burden the Second Amendment’s right to self-defense in the home.”
There was also a ruling by U.S. District Judge William Young to ban military-style and large capacity weapons in Massachusetts. In his decision he wrote, that those weapons fall outside of the “scope of the personal right to ‘bear Arms’ under the Second Amendment.” The reason: they are “designed and intended to be particularly suitable for combat rather than sporting applications.”
Notice how these justices attempt to get around our Bill of Rights by adding words that do not exist; "self-defense at home" and "sporting applications."
The Second Amendment reads: "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."
Yet these two pompous judges have interpreted 2A to something it does not mean.
If there is ANY interpretation that should be done, it should be from the people who were there and participated in crafting our Founding documents.
George Mason, the Father of the Bill of Rights, wrote, “That the people have a Right to mass and to bear arms; that a well regulated militia composed of the Body of the people, trained to arms, is the proper natural and safe defense of a free state..."
Notice that both he and 2A speak of security and self-defense of a free state. There is no mention of arms only at home or for sporting applications.
Founder Patrick Henry wrote this, “The militia is our ultimate safety. We can have no security without it.” He also said, "If our defense be the real object of having those arms, in whose hands can they be trusted with more propriety or equal safety to us, as in our own hands?”
What was Henry speaking about? Tyrants. Dictators. Rulers. Those who take power when people are disarmed, which has occurred throughout history.
What can be done?
Each of us should write the Supreme Court and tell them we are tired of these unconstitutional actions of our unalienable right to keep and bear arms. Cite the two points above as examples and use our Founding Fathers for interpretation.
Supreme Court of the United States
1 First Street, NE
Washington, DC 20543
If enough Patriots write SCOTUS, the next time a 2A case challenge comes before them they will, hopefully, feel more compelled to act and not duck as they did in 2015.
Second president John Adams proclaimed, “Liberty cannot be preserved without general knowledge among the people.”
To protect your freedom and rights, arm yourself and your family with knowledge of our US Constitution.
There are several ways to accomplish this. You can learn the basics by watching the In Search of Liberty Constitution movie. For further study enroll in a one-day Constitution Boot Camp from Building Blocks for Liberty or consider joining KrisAnne Hall's Liberty First University.
We can only safeguard our freedom, ensure our liberty and keep our freedom for ourselves and our posterity if we stay true to our US Constitution.
by Scott D. Welch, Patriot
Direct descendant of 8 Americans who fought in the Revolutionary War
Cousin of Patrick Henry