The Constitution does not delegate any power to the federal government to regulate firearms. This authority does not exist within the “few and defined” powers James Madison outlines in Federalist 45.
The Second Amendment further clarifies the restriction on federal power, clearly stating that the right of the people to keep and bear arms “shall not be infringed.” The plain meaning of the text offers no possibility of any federal legislation whatsoever restricting or regulating firearms or ammunition, even in the course of exercising legitimate constitutional powers. Therefore, any federal legislation pertaining to gun control is, in reality, unconstitutional.
Of course, federal courts have illegitimately eroded the constitutional limits on federal power, leaving Americans with little recourse in Washington D.C. But that does not leave we the people completely powerless. We can legally take action at the state level to thwart federal encroachment on our rights. While we might debate the constitutionality of such federal gun control laws, there is zero debate that states don’t have to help enforce them.
The fact is, the federal government needs the states to play ball in order for any of its laws to be more than words on paper. They depend on state support to implement and enforce their laws. Judge Andrew Napolitano stated earlier this year that the federal government relies on the assistance of local law enforcement to give their laws teeth. Without their support, any future gun control laws would be “nearly impossible” to enforce.
FK – It’s the old give and take, we give while they take. It’s time to stop giving in. We need a militia force in every county to deal with the black-suited Nazis who choose to serve tyranny over Human Liberty. Here’s my version of the origin of our most basic right.