Federal Gun Control, Lawful?

by E.A. Timm

 Is Federal gun control lawful? Truth reveals what is false.

The historical record from our Founders’ writings explain the form, and function of lawful Constitutional governance. Jefferson’s Kentucky Resolutions, Resolved 1, explains, “That the several States...delegated to that [Federal] government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force: that to this compact each State acceded as a State...that the [Federal] government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers....”

Resolved 3, “‘...the powers not delegated to the United States by the Constitution...are reserved to the States respectively, or to the people’...are withheld from the cognizance of the federal tribunals.” Therefore, since the Second Amendment is not an expressly delegated power to the Federal Government, the power should remain exclusively with the State. Even when the Incorporation theory is applied to the Second Amendment, the words stay the same; that is, “...the Right of the People to keep and bear arms shall not be infringed,” keep their original defined meaning, and purpose. Besides, there is no legislative, nor executive power delegated through the words “due process” in the Fourteenth Amendment, from which the Incorporation theory is said to come. For the Federal Government to regulate and control guns, or any non-delegated power, is unconstitutional, and an infringement.

Resolved 8: “...where powers are assumed which have not been delegated, a NULLIFICATION of the act is the rightful remedy...” for the State.

Even though the States, and cities already have gun control, it should be to support and defend the individual’s Right to keep and bear arms, since it is an unalienable Right to protect life. That is why the Second Amendment forbids infringement.

There is no such thing as shared powers with the Federal Government. Supreme Court Justice James Iredell (1790-1799) stressed the people’s retained sovereignty, and that: “no power can be exercised, but what is expressly given.” “The Father of the Constitution” James Madison, in his Virginia Resolution, calls it “criminal degeneracy” for the Federal Government to exercise control over the States’ and people’s “Bill of Rights.” Therefore, Federal Gun Control is unlawful.