September 23, 2018

Second Amendment is Considered “Infringable” by Most

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ShallNotBeInfringedPeople should ask why it is that the Second Amendment is fair game for infringement – “act so as to limit or undermine (something); encroach on.”

I have often said that if an honest person is interested in protecting constitutional rights, more than likely they will find themselves among strange company. A right is a right….isn’t it?

The Second Amendment states: “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 yet, this nation has spent billions of dollars infringing on this right and billions of dollars protecting other rights. I personally know of no organization, that sucks millions of dollars out of the population for their cause, that practices in the protection of the Second Amendment without infringements. Why?

The Second Amendment seems front and center, one more time and one more time we read and hear from the Press and other anti-Second Amendment tyrants, about masses of American citizens eager to expand background checks in order that any person can exercise their constitutional right to keep and bear arms.

Background checks is registration of guns. People kid themselves, much because they choose to have faith in this corrupt government and believe that when the U.S. Government carries out a background check, information about the person being checked, for gun purchase, is not shared…but it is stored. Therefore, it is a gun registration act. While the check may not contain the information about the gun, it does record that an individual purchased a gun. It will also track, each and every time a person buys a gun.

When argument is made that the requirement of a background check infringes upon a person’s constitutional right, this is most often rebutted by people who state that a background check does not prohibit a person from buying and owning a gun. While not completely true in making such a statement, what is never discussed is that it is not written and surely was not the intent of the Bill of Rights, that a person had to register with the state in order to be able to exercise a constitutional right. Doing so would be an utterly ridiculous idea. Wouldn’t it? Do we have to register to deliver a speech? Would you deem it acceptable to have to get a license to make sure your home isn’t unlawfully entered and searched by government? Would you find it okay to get a license to attend the church of your choice?

I repeat: Government requiring a background check is gun registration. It is at its simplest form an onus placed on the individual, in what must be done in order to exercise a right. That in and of itself can be argued as unconstitutional. This also applies to the act to get licensed/registered to carry a concealed weapon. Disguised as something promoting safety, the registration becomes necessary in order to exercise your Second Amendment right.

Michael Bloomberg, and his little fascists, have invaded the State of Maine, in order to get a referendum placed on a ballot that would implement a draconian law that would require background checks on any and all gun sales and transfers. It’s so absurd that being in someone’s house, let’s say while they were away on vacation, and the house had a gun(s) in it. Both the owner and you would be guilty of failing to get a background check before the “transfer” was made. Yeah, it’s ridiculous.

Background checks is another example of gun registration. Some argue that it will lead to gun registration. They fail to see that it already is a form of gun registration. What happens now when you go buy a new gun? It’s being registered. What happens now if you purchase ammunition and use your credit or debit card? You’ve just “registered” yourself as buying ammunition, which is necessary in order to fully exercise your Second Amendment right.

Yesterday, I spent a great deal of time reading and researching about this unconstitutional act to INFRINGE upon the rights of others. In my reading, I saw references made to Supreme Court rulings about the unconstitutionality of requiring some form of registration in order to exercise a right.

In Thomas v. Collins, 1945, Thomas traveled to Texas to deliver a speech before a group of people lawfully assembled to learn about forming a union. His duty was that only of speaking. Local officials presented Thomas with a restraining order that prohibited him to attend this function and deliver his speech. After consulting his attorney he went ahead and made his speech  but was charged with breaking the law because he did not obtain the proper “licenses” to recruit people to a union. The case found it’s way to the United States Supreme Court (SCOTUS).

The majority opinion was delivered by Justice Rutledge. The appeal was based on what was believed to be an infringement upon his First Amendment Right of free speech. Justice Rutledge in part stated: “The restraint is not small when it is considered what was restrained. The right is a national right, federally guaranteed. There is some modicum of freedom of thought, speech and assembly which all citizens of the Republic may exercise throughout its length and breadth, which no State, nor all together, nor the Nation itself, can prohibit, restrain or impede. If the restraint were smaller than it is, it is from petty tyrannies that large ones take root and grow. This fact can be no more plain than when they are imposed on the most basic rights of all. Seedlings planted in that soil grow great and, growing, break down the foundations of liberty.”

The SCOTUS determined that it was unlawful to limit, through registration, freedom of speech in this case. The local regulations required those who assembled and conducted union forming business, obtain permits to do so. They did. It was believed that because Thomas was to speak to the assembled group, he could have his First Amendment rights restricted because he didn’t obtain a permit first.

You also cannot restrict a constitutional right based on what might happen. Can you?

We see a similar restriction of the First Amendment in Lamont v. Postmaster General, 1965. In this case, before the SCOTUS, the challenge came as the result of a postal requirement (law) that the post office would not deliver certain “unsealed” mail unless the recipient first “registered” to receive this mail. This was ruled by the court as a First Amendment infringement because it required a “registration” in order to exercise one’s First Amendment.

In Justice Douglas’ majority opinion, he states: “We conclude that the Act [the requirement to register in order to receive perceived unwanted mail] as construed and applied is unconstitutional because it requires an official act (viz., returning the reply card) as a limitation on the unfettered exercise of the addressee’s First Amendment rights.”

Something so simple as this and yet the Courts will seemingly go out of their way to protect at least the First Amendment while stripping the Second Amendment to shreds.

If readers can see beyond the end of their noses, they might find the third case an interesting one and an example of how any kind of gun registration can be self-incriminating (Fifth Amendment).

In Haynes v. United States, 1968, Haynes was charged with the violation of 26 U.S.C. 5851(part of the National Firearms Act) because he failed to register a weapon the state had determined to be undesirable, and wanting registration of such a weapon for the purpose of taxation. Haynes contended that the requirement to register his gun would violate his Fifth Amendment right against self-incrimination.

The majority opinion in this case, while having some issues with the National Firearms Act, found that: “We hold that a proper claim of the constitutional privilege against self-incrimination provides a full defense to prosecutions either for failure to register a firearm under 5841 or for possession of an unregistered firearm under 5851.”

The SCOTUS ruled that the requirement to register a firearm, the act of which would incriminate the registrant, was a violation of the Fifth Amendment.

All of these cases are complicated and full of extenuating circumstances. However, the broader issue here is the effort of the Courts to protect certain constitutional rights while infringing on others, namely the Second Amendment.

It would therefore seem to me, that background checks, being a form of registration, is forcing people to undergo a registration in order to exercise the right to keep and bear arms. According to these cases, and the context to which those decisions by the Supreme Court were made, makes gun registration unlawful.

Consider the context of the rulings. Simple events like registering with local authorities before delivering a speech, or returning a simple postal card letting the service know whether you wanted to receive questionable materials, where consider such grave infringements, they were done away with in order to protect First Amendment rights.

In the third case, we see where, because of ill-written guns laws, even though a gun may be in a person’s possession without being registered, the protection of the Fifth Amendment and a person’s protective right against self-incrimination, that right being more important than the registration of a gun.

Then why is it that we allow the continued infringements on the Second Amendment? Every time you and I or your neighbor, or the NRA or anybody else says, reasonable restrictions on buying and owning guns are necessary and responsible, we cannot see that these actions are an infringement and therefore is a destruction of the right.

We are not dealing with rational lawmakers and lawyers. Because of much complacency and a willingness of American’s to allow central government to infringe on our Second Amendment, current laws and policies that set precedence, in this day and age of corruption and total disregard of the constitution, become the rule of law. Although executive actions by a sitting president can be overturned, the precedent exists and therefore carries some kind of authority into the future.

We know the Press/Media/Journalists, etc. will fight tooth and nail to protect their First Amendment rights. They will use that right to infringe upon the Second Amendment.

It is, however, very clear that the Second Amendment is fair game for destruction. Those wishing to destroy it, offer no respect to those of us who find it extremely valuable – even to the value that it may be the last fortress that is protecting all the other rights.

I just wonder how these same mental midget, emotional Second Amendment destroyers will see things when their prized right is taken away from them? When it is, it will NOT be because I worked to destroy them.

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