Constitutional Emergency

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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Excellent article, share it on your social media site and get the word out to ore people; I did.

Not only are these government restrictions unconstitutional so is I believe their defining a weapon that's simiautomatic be it a pistol or a rifle as an "Assault" weapon is a misrepresentation. When your in assault mode and you want to lay down effective suppressing fire you want an "Automatic" "Full auto" capability. To say a simiautomatic ar-15 is an assault weapon is a false characterization in my opinion. And because it has a 20 or 30 round capacity does not change the fact. They have purposely redefined the definition to chip away at the type of weapons we can possess until we will only be allowed to possess BB guns. The American people need to take a stand. Our rights to defend ourselves and our families come from God, not the government. politicians and laywers have perfected the art of "wordsmithing" to redefine and cover their true intent to push their corrupt agenda . They are currently looking at dropping the word "jihad" and "Terrorisum". Words have meaning and when they are dropped or redefined you lose its true intent.

Exactly, we should be able to get antitank weapons against police armored vehicles, if we needed.

Just the time to wake up. Finally.

Gun laws are unconstitutional!!!!   Obama has lost his mind!!!!  We reserve the right to defend ourselves from ISIS and all other militant islamists!!!

We really need to push for NO GUN-FREE ZONES!  These perpetrators always commit their mass murders in gun-free zones, since they know nobody will shoot back.  I refuse to go ANYwhere that refuses to allow concealed carry.  But if the government does continue to push for gun control, we should insist that those measures only apply to Democrats, since every mass murderer that I am aware of has been a registered Democrat. 

Judge Napolitano: Why I will always defend the Second Amendment and the right to self-defense

Your right to defend yourself is a NATURAL right.

That means plain and simply Your rights to self defence can NOT be taking away by this Government. (my words)

Sorry Gary, I don't have a Yahoo account.

Chart: Obama Admin. On Pace to Issue One Million Green Cards to Migrants from Majority-Muslim Countries

Illegal families surge across border; 2016 already worse than 2015

The MISSING LINK, how we lost control of our government. There were 4 orginal branches of Government and we lost the most important one to the 17th Amendment. The 17th stripped the States of all their rights. How is this you may ask, simple. Before the 17th each of the original 4 branches attained office by a different method. The House Reps, by the majority vote of the people of their districts. The US Supreme Court, appointed by the President and confirmed by the Senate, (this and all other appointments is the biggie). The President by the electoral college. The US Senate by appointment of the the Legislatures of their States. If a US Senator went against the wishes of their State they were finished. Now they are bought and payed for whores. Bough and payed for by their big donors and special interests. Since they have the duty to confirm all Presidential appointments to and including all Fed Judges, Cabinate members and the US Supreme Court Justices they kept the Fed in check. The 17 Amendment destroyed States Rights and put us where we are at today with an out of control Federal Government. Our most important check and balance was lost to the 17th Amendment.  

I loved this article and I am one of those "manly men", a little older than 45, but my eyes aren't too bad and my fingers still work, so when do we move in this country?

So when we retake this government, let's make sure the 17th amendment gets re-introduced and passed....

We need more people that have your attitude in order to restore Constitutional order to our country.  Those presently in positions of authority within our federal government and most state governments have no respect for Constitutional order and the Republican principals imbedded in our Constitution, and they are the first ones that need to be removed by ANY means necessary.



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