Opinion: Compelled Background Checks a Violation of Individual Liberty

Since the Progressive Socialist members of the U.S. Congress and state legislatures seem to be inordinately incapable of understanding our rights under the Constitution or purposely denying us our Constitutional rights let me enlighten my fellow citizens of their civil rights.

The federal government’s only power is the power that is enumerated to it by the Constitution. The federal government or a state can not pass a law contrary to the Constitution. Under our Constitution the federal government is not delegated the authority to legislate, enforce, or adjudicate laws pertaining to the exercise of our rights under the Constitution – Period.

The federal government is not delegated the authority by our Constitution to require government permission to exercise any right granted to us under the Constitution. The federal government is not delegated the authority by our Constitution to compel us to waive our guaranteed 4th Amendment right to be secure from unwarranted interrogation, search, or seizure in the absence of probable cause of criminal conduct. Or compel us to waive our guaranteed 5th Amendment right to due process as a precondition to being allowed (or denied) the exercise of our right to keep and bear arms. Which happens, however, every time we fill out BATFE form 4473 under penalty of perjury to purchase a firearm. The federal government is not delegated the authority by our Constitution to compel us to waive our 10th Amendment right to a federal government exercising only those powers delegated to it by the United States Constitution, and State governments are prohibited the exercise of any power prohibited to the States by the United States Constitution. The federal government is not even delegated by our Constitution the authority to license firearm dealers or operate or fund the most powerful anti-rights government agency on the planet called the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

The purpose of compelled background checks as a precondition to allowing or denying the transfer of a firearm is to deceive firearm owners and prospective owners into unknowingly waiving their rights guaranteed by the 2nd, 4th, 5th, and 10th Amendments so they will have no rights left to claim when the government decides to confiscate our firearms. We have a right to keep and bear arms, not a privilege to keep and bear arms. Our rights are beyond the reach of government and no one has to ask government permission to exercise a right. The federal government has no authority delegated by the Constitution to deceive its citizens into waiving their rights or acquiescing to the loss of their rights by subterfuge, scam, fraud, or force. I will not obey or comply with your color of law, and any attempt to confiscate our firearms will be viewed as an armed insurrection against the authority of the United States, which is exclusively the Constitution of the United States, in violation of 18USC2383 and associated statutes, and will be resisted. I have obeyed the last gun control law I will ever obey. I know the game, and I am not playing it any more. I refuse to trade my liberty for their brand of security. If the people and politicians really do not want Americans to keep and bear arms then why don’t they just do it the right way and legally repeal the 2nd Amendment. Until that day the Constitution and the Bill of Rights is still in full effect and are the supreme law of the United States until legally amended.

It was said best by Alexander Hamilton, “No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid”.

James Lanese