101 Main St.
AnyTown, USA 00001
Hon. Crappy S. Congresscritter
206 Cannon House Office Bldg.
Washington, DC 20515
10 January 2013 A.D.
Recently, the subject of Gun Control has reared its ugly head. I want to make sure you know where I stand on this issue.
First, DO NOT send a form letter back to me. I am not interested in seeing and hearing you mouth the words. If you understand my intent, send a letter saying, “Ok, Longbow I understand.” That will suffice.
The actions of criminals do not and cannot ever nullify my rights, or the rights of any free men. Do you understand?
The Second Amendment to the Federal Constitution guarantees my right, and my neighbor’s right, to keep (own and possess) and bear (carry) arms. Those arms are the same arms issued to the infantryman. I will not suffer any further restrictions on my natural rights as a free man, most especially those rights secured and guaranteed to me by the Federal Constitution.
This is my line in the sand. I will not comply.
If Congress passes any ban, I will not comply. If Congress attempts to expand the list of weapons regulated by the National Firearms Act, I will not comply. If Congress passes any bill, which attempts to make me a criminal for exercising my Natural, and Constitutionally secured, Rights, I will not comply.
Let me give you a glimpse of what might happen. The Attorney General (the very man responsible for Fast and Furious) will send agents into the field to enforce a new ban. They will come to my house attempting to force my compliance. I will tell them no. They will attempt to arrest me. I will resist arrest. They will attempt to use force against me. I will resist with equal force. They will then murder me. Do you understand?
Enforcement of a firearm and/or magazine ban is a murder mission. I will not go quietly into the night. If I see my neighbor being subjected to similar enforcement efforts I will come to his aid. I will use force to defend my neighbor’s Natural and Constitutionally secured rights. Do you understand?
The answer to the problem of school shootings is VERY simple. Repeal the Gun Free School Zones Act. That abomination has contributed to these shootings and made the problem worse. In effect, school zones are free-fire zones, victim disarmament zones, and target rich environments for mad men and murderers. How can you, in good conscience, mandate that everyone in a public school be made helpless and by law unable to defend himself? Encourage teachers, administrators, and security personnel to train in the use of personal firearms and keep those weapons at hand and ready to use.
You want to ban something? Ban SSRI drugs. Do about five minutes of research and see that every one of these mass shootings, which result in the suicide of the shooter, also involves the use of SSRI’s and other psychotropic drugs.
I also want you to have some historical perspective on this subject. In 1934 Congress handed President Franklin another in his long line of unconscionable and un-Constitutional bills to sign. It was known as the National Firearms Act (NFA). This act brought under Federal regulation, Machineguns, Short Barreled rifles and Shotguns, Sound Suppressors, and a nebulous category known as “any other weapon”. The excuse for enacting this law was criminal activity.
I remind you now, the actions of criminals do not and cannot ever nullify my Natural and Constitutionally secured rights.
The only time this act was contested before the U.S. Supreme Court, in US v. Miller, the Court said the following (paraphrasing here), “Show us how a short barreled shotgun is a militia grade weapon and we will say the right to own it is protected by the Second Amendment…”. There was no one present to argue the case for the defense, so only the government’s argument was heard. The case was remanded back to district court, which had previously held the NFA to be un-Constitutional, for reconsideration.
All Federal Gun Control legislation rests upon this decision. Congress proceeded on the presumption that there was no individual right, secured by the Constitution, to keep and bear arms.
This presumption was proven wrong in the Heller decision, with which you may be familiar.
If the Supreme Court hears a similar case, in light of Heller and McDonald, based on newly banned “assault weapons”, the whole house of cards (NFA) will come down. Do you understand?
One more note about the NFA, in 1986 Congress passed the “Hughes Amendment” to the Firearm Owners Protection Act. The Hughes Amendment disallowed registration and tax payment on new machineguns, under the NFA. It means Congress passed an unconstitutional law and then fifty years later passed another one which says, “Yeah, we know we required you to beg permission and pay a tax in order to comply, but now we will not even let you attempt to comply! Sucker!” Do you think this is good law? Do you sincerely think the status quo is good enough? The National Firearms Act should be repealed.
Proceeding incorrectly, Congress enacted the Gun Control Act in 1968 (GCA). This was supposedly an act to regulate firearms in “interstate commerce”. It granted to the Secretary of the Treasury (now transferred to the Attorney General) the un-Constitutional authority to ban any weapon from importation, which he believed wasn’t for sporting purposes. It also gave him the authority to require the registration and payment of a tax on any firearm with a bore diameter over .50 caliber which he thinks is not for “sporting purposes” The idea was to begin an ever-expanding list of regulated firearms, with the goal of eventual ban.
Let me be clear again. Hunting and Sport Shooting are forms of entertainment. The Second Amendment is NOT about entertainment. It is about my Natural Right to resist tyranny. Do you understand?
The CGA also regulated how firearms are delivered at retail to every customer. Even in transactions having nothing to do with “interstate commerce”. This aspect of the Gun Control Act should be repealed. Congress has no such authority.
The “interstate commerce” clause has been used to justify any act of Congress passed without authority granted to it by the Constitution. The hinge pin there is Wickard v. Filburn. In this case the Supreme Court, under duress from the President’s threat to pack the Court with Anti-Constitutionalists, and attempting to salvage what was left of its Constitutional integrity, hoping to simply outlast the socialist administration of Mr. Roosevelt, decided that anything which somehow tenuously affects or is nebulously related to “interstate commerce” is subject to regulation by Congress. This decision was wrong. It was not only wrong, but I remind you it was made under duress. This decision should be overturned.
The “necessary and proper” clause is also cited as authority for Congress to do anything it wants to do. I remind you to read Amendments Nine and Ten to the Federal Constitution. Those Amendments are not difficult to understand.
If you and your colleagues seek to be true to your Oath, I challenge you to begin to deconstruct this house of cards. The original “Assault Weapons” ban from 1994, should not only not be renewed, it should be repealed in its entirety. It should be stricken from the books as though it was never passed. The National Firearms Act should be repealed in its entirety. Do want a good reason to do that? See the Dick Act (hint here, it will take about ten minutes of research). If Congress wants to regulate “interstate commerce” in firearms, there may be a way, legislatively, to put such commerce in good order, or to make it regular. The idea that “to regulate” means, “prevent, deny, disparage” is erroneous should be abandoned now.
Free men have the right to arms. They have the right to their own property and the right to prosper from the fruits of their own labor. You in Congress do NOT have first lien on the lives of the free people of these United States. The right to arms is the final expression of all the others. Do you understand?
I will now summarize. The right to arms is natural and inherent to the free people of these United States. The Federal Constitution guaranteed this in writing. The Federal Constitution is the Supreme Law of the Land. “Gun Control” laws are, on their face, a violation of the Supreme law of the Land. You swore an oath to Support and Defend that guarantee. I expect you to honor your oath. It is not good enough to continue with the status quo. The rights enumerated in the Second Amendment have been under attack since 1934. Any legislation which infringes on that right must be repealed. If you support the status quo you are in violation of your oath of office. Do you understand?
I will suffer no further restrictions, no further burdens. There will be no limits on magazine capacity. There will be no prohibition based on the function or cosmetics of any firearm I choose to own. There will be no begging permission from the FBI before I trade my private property with my neighbor. There will be no registration. There will be no transfer taxes paid, anymore than I would suffer a tax before I exercise my right to vote, or my right to speak my mind. There will be no Ban. I will not beg permission before I exercise a right guaranteed to me, any more than I will beg a bureaucrat’s permission to breathe. If the Attorney General sends his agents to enforce such a ban on me, or my neighbors, in violation of their Oath of Office, I will presume them to be on a murder mission and will act accordingly. Do you understand?
It is not enough for you to merely vote NO on the next restrictive bill introduced on the floor of the house. You should be fighting to turn the tide. Your efforts should ring throughout the halls of Congress. You may practice your polite collegiality on the floor of the chamber, but in the cloak room you should vigorously remind each of your colleagues of their Oath of Office and of their obligation. If you are not doing this, you are betraying the people who elected you.