All Federal Gun Laws Are Unconstitutional ----- Publius Huldah

Freedom Outpost’s Constitutional scholar Publius Huldah recently explained why Federal gun laws are unlawful. She noted that the first gun control measures put in place in the United States did not take place until 1927, when Congress banned the mailing of certain weapons. We went from 1776 to 1927, 150 years after our founding, when Congress decided, “We better start disarming the American people.”

Huldah goes through the history of the Federal government’s unlawful actions to regulate firearms in America and she points out that when it started, the Progressives had already begun a takeover. I’ll also note the Federal Reserve had been established in 1913 as well.

In 1938 Congress legislated that gun dealers had to obtain a Federal Firearms Licenses and maintain names and addresses of those they sold their firearms to.

She was sarcastic when she asked if we would ask the current President and Congress for “crumbs,” begging them to let us keep “some of our firearms.”

She called the letter from the Utah Sheriffs Association “shameful” because it begged Obama not to impose restrictions on firearms by executive order, but rather let Congress determine those things.

However, Huldah said that “We must make a principled resistance. To do that, we must learn the applicable principle.” She then pointed her listeners to the Constitution to see whether or not the Federal government can impose such legislation.

Huldah then pointed out that there is a little known fact about the Constitution:

“It is one of enumerated powers only. When “We the people” ordained and established the Constitution, we created the Federal government. It is our creature. We are the creator. It is the creature. It is not our master.”

“The Constitution is so short,” she continued, because all of the powers enumerated to the Federal government are listed in it. “Depending on how you count, we delegated only 21 powers to the Federal government.” Article 1, Section 8, Clauses 1-16 are those powers.

Huldah then courageously pointed out that all laws made by Congress, any restrictions imposed by the Bureau of Alcohol, Tobacco and Firearms, any restrictions made by executive order, and all Supreme Court decisions that restrict firearms are unconstitutional. They are unconstitutional because there is no authority to do so.

God is the giver of men’s rights, according to the Declaration of Independence, and the right to defend one’s self and one’s family is not only a right, but it is a duty and responsibility before God, according to the Bible which is a demonstration of our love for others. Therefore, she rightly pointed out that the Second Amendment is not the source of our right. It merely recognizes that the right is to be free from any interference whatsoever to defend ourselves, our families and our communities from attack. “This understanding is as old as human history,” she says.

The Framers of the Constitution understood that arms are the only defense against a Federal government that would seek to overstep its bounds. James Madison, writing in Federalist Paper No. 46, said that the reason the Citizens – the Militia – are armed is to defend ourselves, our families, our neighborhoods, communities, and States from an overreaching, tyrannical federal government.

Here are a couple of things indicate that the Framers of the Constitution understood this idea:

  1. Militia – armed citizens – Second Amendment
  2. Letters of Marque and reprisal – Article 1, Section 8, Clause 11 – This gives authority to Congress to authorize privately owned armed ships to make war on the enemies of the United States. An example of such was during the administration of Thomas Jefferson, where a ship was commissioned to make war on the Barbary pirates via a letter of Marque and reprisal from Congress. Also Congress did the same thing against the British.

In other words, the Framers had no problem with the citizens being as heavily armed as the country’s military. “That is because they did not see themselves as our rulers,” Huldah adds.

Article 1, Section 8, Clause 16 gives Congress the authority to demand that able bodied males be armed. It reads:

“To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.”

In 1792, Congress passed “An Act more effectually to provide for the National Defense by establishing an Uniform Militia throughout the United States.” This Act required all able-bodied male citizens (except for federal officers and employees) between the ages of 18 and under 45 to enroll in their State Militia, get a gun and ammunition, and train.

Publius Huldah then reminds us that the leading cause of death in the 20th Century was Democide – Death by Government. She ran the list of Soviet run Russia, Communist China, Nazi Germany, Cuba, Cambodia, and North Korea. She pointed out that Communist, Fascist and Islamic dictatorships murdered their own people by the tens of millions. “And do not think that isn’t coming this way,” she warned.

Universal registration leads to confiscation. Confiscation leads to extermination. It always has. Why do you think they are so “Hell bent on disarming us?”

James Madison was clear in Federalist 46 that the citizenry being armed is to fight the Federal government’s tyranny.

“Let’s have no more talk of ‘reasonable restrictions’ and background checks imposed by the Federal government,” Huldah declared.

All Federal government gun and ammunition laws should be nullified, ignored and rendered toothless by the people of the States.

Publius Huldah then reference this essay, “The Coming Day of Burn Barrels and Blessings” in which James Wesley Rawles says:

If congress ever enacts a law mandating the registration and/or a production ban of detachable magazine semiautomatic rifles then you are hereby invited to the town square of your local community. There, burn barrels will be set up and we will publicly burn Form 4473s, FFL Bound Books, state and local registration records, and the sales receipts for every firearm in the United States. On that same day, FFL holders and public officials holding electronic firearms records will simultaneously erase those records, permanently and irretrievably.

Rawles indicates that the use of masks to hide identities would be proper and to cover dealers, they could claim that masked men with guns forced them to do what they did. Simply brilliant!

Huldah then addressed all State and County officers. She called upon them to support their oath, which is to support and defend the U.S. Constitution, according to Article 6, Clause 3. When as a representative of the people you acquiesce to Federal government gun laws of the you are not supporting or defending the Constitution, but rather you are conniving with tyrants against your own people.

“And if you connive with tyrants against your own people so that you can keep your Federal funding, then shame on you for becoming so corrupt that you allow yourself to be bribed with money that your grandchildren will have to pay back,” Huldah resounded.

She also called upon cowardly representatives who have become corrupt to resign their office and let manly men take their place.

While referencing Tennessee issues later in the speech, she did speak to Federal funding and declare that officials shouldn’t worry about “arming their posse” because manly men will arm themselves!

My fellow Americans, the line was drawn a long time ago and many in our country have allowed the Federal government to creep across that line slowly over the years. It is time to say “Enough is enough,” stop them and then push them back in place where they belong. Seriously, I almost feel like saying, “I’m Tim Brown, and I approved this message.” However, we must resist the tyranny coming from Washington and the tyranny forming at our State and local levels that would seek to restrict our ability to own and carry guns. Thank you Publius Huldah for your stand and may the manly men and the womanly women of this country take that same stand.


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Luke, You're absolutely right; The 17th Amendment shifted the way US Senators were elected/appointed. Rather than being "appointed by the States legislatures which could change every four years, the sales pitch was that it would be better to have them "elected" directly by the people. Well that sounds pretty good, but we see the results of that change. Rather than being "elected" by the people they are now bought and paid for by big lobbyists and big money.

J.B. Williams had an series of articles on this PFA a few years ago called " The States Balance of Powers Act". Those articles should still be available either here (someplace) of perhaps on his web site (The North American Law Center.)

The current push for gun controls by this Obama administration is especially troubling due to their methods of using the DHS and the "No-Fly-No-Buy" legislation currently being proposed. More Sounds-good - -feels-good Communist incremental encroachments. Under these measures if they (Jeh Johnson) doesn't like what I'm saying right here they can brand me a potential domestic threat and that's all they need to knock on my door at 3:00 am.

Add all that up and include the Bureau of Land Management plus the EPA confiscating land to sell off the mineral rights, and it's easy to see where all this is heading.

To answer your question Clois, "When do we move in this country" No need to hurry Clois, they will bring the war to us - - soon now I think. They don't like the potential of Donald Trump.

Bingo, Rooster!  They WILL bring it to us, one way or the other, IMO, and, as you say, soon!

Is there any way to get a full transcript of her presentation?

You might go here and describe what you want and they may inform Publius.



Them or you....someone has to do it. (sorry.....couldn't resist)

Semper Vigilo, Fortis, Paratus et Fidelis

Obama returns to efforts to ban 'assault' weapons

As usual Obama gives a very eloquent speech. He is very good at making shit sound like its chocolate candy.

OK, So if he actually wanted to have an honest conversation about gun controls, (Key word there is "Honest" - which I don't believe is in his vocabulary) . So instead of saying he wants to ban all "Assault Rifles" from everyone in America, he would say that we can find a reasonable way to keep them out of the hands of Islamists killers and potential terrorists.
No one wants to help arm ISIS in this country, (they don't need our help on that anyway).

Like I said, Obama has a way of making Crap sound like it's chocolate candy. So instead he says _"Ban ALL Assault weapons." AND Keep people who are on a No-Fly list or on a Terrorist watch list from buying weapons.

Two BIG problems with that,,,,,,-

#1) Both the San Bernardino and the Orlando killers were LEGAL to own and buy weapons. In fact Omar Mateen worked for the DHS. So Obama's Ban on Assault weapons wouldn’t have stopped him at all.

#2) Who gets to decide who is placed on any "Watch" list or on a "No-Fly list"  ??? And WHY are they on any list to begin with.???

We all know this Obama administration and DHS  has constantly been calling American Constitutional Patriots and Veterans "A Bigger Threat than ISIS.

So according to this administration every single one of our American Veterans, all 28 million of us, are potential terrorists,,,,,,, but Islamists and ISIS militants are NOT.

No one wants to arm a terrorist, but Obama and this administration couldn't have an actual "HONEST" discussion or conversation about it because that is NOT in their agenda.

Disarming the American people is much closer to their true agenda,,,,,,,, Stage #1).

(ps - - Chocolate doesn't smell like that, and it wont leave that kind of nasty taste either.)

Better get ready .

Do you really think the American populace will stand against this communist government? So far I haven't seen anything indicating that scenario.

NO, although Americans are subjected to tyranny , the situational environment is much more complex

vs . 1776..

AS moles / agents of the Global Elites occupy the government and msm , While most Americans are not yet

starving , the obstacles are too numerous to do what must be done..

Yet , when agents come to take your weapons , some might ..

Or , when government checks are cancelled..

Or when , your first born are murdered...

Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object, evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security Thomas Jefferson...

SCREW THEM ALL.....Any American who would come after another American deserves what he gets...

Well said George, I agree.

Why should we be the Villon and give the Gub'ment a REASON to confiscate all weapons?  

We will stand, when called, unfortunately it will be those of us who served and get it to be First to Fight once again.  But just so you know, I am compiling my mental list of who's going to be on "POINT" for my patrols...lot's of Liberals on that list.

Semper Vigilo, Fortis, Paratus et Fidelis

Why should we be the Villon and give the Gub'ment a REASON to confiscate all weapons?  

We will stand, when called, unfortunately it will be those of us who served and get it to be First to Fight once again.  But just so you know, I am compiling my mental list of who's going to be on "POINT" for my patrols...lot's of Liberals on that list.

Semper Vigilo, Fortis, Paratus et Fidelis



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