4 Jan 2021
This closing phrase from our Pledge of Allegiance, as odd as it may seem, is, or should be, a cornerstone of our Republic. Our Republic exists because of our laws. Without the rule of law, we cease to be a Republic. But, as we've seen very pointedly in recent years, "justice for all" is a farce. The elite of this country remain above the law[1]. Worse, and what many aren't aware of, is the selective enforcement of laws the government wants to enforce, while ignoring some of the most important laws we have. Our government uses the laws it selectively enforces, to keep the middle and lower classes in line and under control.
Many have recently taken note of the laws ignored when it comes to the elite in the past few years, but this practice has actually been going on for nearly 100 years (possibly more). The slow, small, insidious erosion of our liberties is nothing new. Sad part of it all is, many saw it coming when the ink was still wet on our Constitution. Many legislators recognized that our Constitution has no "teeth," as in no way to enforce its many provisions to keep government in line. The biggest problem is, it takes an attorney general with our best interests at heart to do this, but we've not had anyone courageous enough to do so. Granted, this position isn't the only one. The Supreme Court is charged to ensure that Congress and the Executive remain within the confines of their Constitutional charges. They too, have failed us badly.
Let's take a short stroll down the trail of missteps that have led us to where we are now. The first amendment to the Constitution outlines 5 rights we were endowed with by our creator. I daresay, a number of folks are unaware that we all have the right to "redress of grievances." Good luck having those grievances acknowledged, much less redressed. The government doesn't now, and hasn't for some time, cared about your grievances, despite the admonition to do so in the Constitution.
I haven't even gotten to the 2d Amendment, the most embattled, infringed, and hotly debated amendment. It's rather high up on Saul Alinsky's hit list to enslave the country under Communism, but apparently, Socialism/Communism is rather popular with many today, so much so that Congressional communist sympathizers no longer hide it. They are outspoken in their support of socialism and opposition to our Constitution. And before someone jumps up and down tries to tell me they're not the same thing, I leave you with this definition of socialism: "(in Marxist theory) a transitional social state between the overthrow of capitalism and the realization of Communism." Both socialism and communism are diametrically opposed to freedom, no matter how you define it. And as the 2d amendment is the last ditch in preventing a totalitarian takeover, it is essential that this right be eliminated according to Alinsky[2]. A totalitarian government cannot exist until the people are disarmed. The most recent totalitarian takeover (Venezuela) showed the lengths governments will go to, once again a Socialist government opened fire on their own (unarmed) people to quell anti-government protests. Can't happen here? I will leave you with this thought from Albert Einstein: "Doing the same thing over and over again and expecting a different result is the definition of insanity." Socialism has been tried over 30 times and failed every single time, and has _always_ cost lives. The result will be the same here.
But I digress. This opinion piece is about justice, something lacking in our Republic today which must be restored if we are to survive as a Republic. So let's begin with the simplest and most blatant example: The NFA of 1934.
This hotly debated law, still on the books and infringing rights since 1934, with little but passes by the Supreme Court, was not the beginning, but is the most prominent and widely known of Congressional abuses of power. The law does a number of things, formalizes some capricious, arbitrary definitions like "short barrel rifle (sbr)" and "short barrel shotgun (sbs)" as well as creating a confusing (even for the BATFE agents) category called "any other weapon (aow)" which some firearms fall into. It's not the definitions that are of interest. Despite the arbitrariness of the definitions (none have any scientific or any other basis), they pale in comparison to what the law goes on to do with those definitions, which is, turn a right into a privilege you have to ask mommy (BATFE) permission for and pay to exercise. Turning a right into a privilege is just the beginning of the tyrannical behaviour the law put into play, but should have been sufficient to deem it unconstitutional. In 1934, when the law was put into place, the privilege tax was set at $200. You need to remember that in 1934, the average citizen earned approx $35/wk. Less than $175/mo. Imagine if the privilege tax had a cost of living allowance (COLA) built in, we'd be looking at a $4k privilege tax payment today. But ANY payment, and begging mommy for permission to exercise a RIGHT is so wrong it should NEVER have been allowed. Thanx for that spectacular failure, Supreme Court. That goes for over 2,200 gun laws passed by the various states[3].
The wrongs don't stop there, however. This law (along with most state laws) qualifies as what I call a "felon factory" law. It is designed to turn law abiding citizens into felons at the government's whim. If you're not liked by the felons in the BATFE (I'll explain later why I call BATFE firearms agents felons), they will turn you into a felon and send you to prison. The term is called "constructive possession" of an NFA firearm -- i.e., a firearm they deem falls under the NFA definitions -- definitions even some of the agents can't agree on -- which require begging permission and payment of a privilege tax. If, like me, you like to build guns, but don't have a Federal Firearms License (FFL category 1 or 7), and buy parts, you better ensure you don't have parts laying around that could turn any gun you own into an NFA firearm or you put yourself in a position to be incarcerated. Cute no? Not when AR-15's (and arguably AR-10's) are today's adult tinker toys. Political prisoners is what anyone incarcerated under these laws amounts to. And just to prove they can do it, our government has and will continue to murder citizens who insist on their rights.
Can't happen? Please review the online accounts (don't worry, all the accounts have been properly sanitized to ensure the government looks like the good guys and the patriots they murdered have been properly vilified[4]) of the Waco, TX slaughter of some 80 men, women, and CHILDREN, as well as Ruby Ridge, the murders of LaVoy Finnicum, Gary Willis, and Duncan Lemp. Every single unlawful murder was committed in the name of an unconstitutional law. The Waco slaughter was the governments' enforcement of the GCA of 1968. Gary Willis and Duncan Lemp were murdered under unconstitutional red flag laws. There will be more justified and "justifiable" murders to come. Hey, Supreme Court, if you did your job, those lives, and likely more lives in the future could be saved.
Here's the rub: ALL federal agents (FBI, BATFE, etc.) as well as members of Congress, state, district, and federal attorneys, including the attorney general, and law enforcement officers at all levels, take an oath to protect and defend the Constitution of the United States (see 5 USC 3330) as well as their state constitutions. As an officer in the military (and in fact all military members) I took a similar oath. While the oaths differ slightly, the Constitution protection part is primary in all of them. So many of these oath breakers either commit perjury in taking the oath because they had no intention of upholding the oath, or they are just ignorant. But as any judge in any court will tell you, ignorance of the law is no excuse (BTW, judges take a slightly different oath that only references the law, of which the Constitution is supreme). So what law am I talking about? Depends, but the two laws that come to mind are 5 USC 7311 and 18 USC 1918.[5]
But getting back to the title of this article, the reason I call many federal agents felons has less to do with their oath of office, and more to do with more obvious, direct, and criminal actions committed by them. Every US citizen has the ability to read and understand their rights. No one needs an attorney or judge to explain their rights to them. They were written for the average person. After all, what good are rights that the citizenry can't understand? They are very understandable, which is why the left has been focused on ensuring that people don't know their rights (you won't miss what you didn't know you had).
The 2d amendment has a prefatory clause, a main clause, and is quite straight forward. But those who would destroy the US, the Constitution, and enslave us try to twist the meaning. No matter, anyone who learned how to diagram a sentence in grammar school can show you the prefatory clause, main clause, main subject, verb, and object of the amendment. It says, in essence, the right of the people (not corporate entities or governmental agencies) to keep and bear arms, shall not be infringed. The term infringe means "to limit or encroach upon." It's pretty obvious that the majority of the laws passed by Congress (and laws of many of the states) regarding firearms infringe upon the right to keep and bear arms. Turning a right into a privilege is an infringement. Demanding payment of a privilege tax on a right is an infringement. Telling you because the firearm fits an arbitrary, capricious definition and falls into a particular category (SBR, SBS, AOW) is an infringement when used to prevent the average person from owning a firearm. And the NFA of 1934 was designed deliberately to chill the sale of firearms. The GCA of 1968 PROHIBITS completely some firearms, and the Firearms Act of 1986 expands the prohibitions. All infringements, and so prohibited by the 2d Amendment.[6]
The crux of the matter is that, while the Constitution tells government not to do it, it's up to we the people, to object, request redress, and just not obey the law. It's also up to the people who are part of the agencies like the BATFE to refuse to enforce unconstitutional laws, in fact it is their duty. And those who believe unconstitutional laws aren't unconstitutional until the Supreme Court (also remiss in their duties) declares it, haven't listened to the likes of Supreme Court Chief Justice Thurman Marshall[7].
While BATFE officers may try to defend their indefensible position to enforce unconstitutional laws, in doing so they become felons themselves. Title 18 USC 242, titled Deprivation of Rights Under Color of Law makes depriving anyone of their Constitutionally protected rights a felony and the perpetrator subject to anywhere from 1 to 10 years in prison. As with soldiers, there is no defense in hiding behind orders, etc. You commit a felony, you are a felon. If the law is constitutional, and there's little doubt that laws that protect the Constitution are constitutional, then you have no redress. Enforcing the NFA of 1934, the GCA of 1968, the GOFA of 1986, the Brady Bill, or many of the state and local laws, makes you a FELON.
But it is unlikely that anyone in government is going to enforce laws that put a large number of federal officer felons in prison. Janet Reno, the person behind the Waco slaughter would have to be executed for her part in all the murders committed during the felonious assault (Texas still has the death penalty, and it is mandatory for ALL involved in the primary felony if a death occurs as a result of the commission of the felony). So every BATF officer who participated in the attack on the Branch Dividian compound also faces execution. So think again if you say "It can't happen here." Gary Willis was denied his 2d, 4th, 5th, and 14th amendment rights, then murdered by Anne Arundel law enforcement officers in the commission of a felony[8]. They and the judge who signed the order should be tried and, if found guilty, sentenced. But they will NEVER come to trial over it. Ditto for Duncan Lemp, murdered in his sleep in bed while officers were allegedly serving a red flag order. The government isn't, but should be, held accountable. Those who passed and signed the bill into law, and the judges who issued the unconstitutional red flag orders are equally guilty. Again, the government will NEVER find itself at fault in the slaughter of innocent patriots.
And what about the lives of those ruined by being imprisoned under unconstitutional laws in NJ and NY? Constitutional (political) prisoners. Patriots incarcerated for exercising their Constitutionally protected rights. Go ahead and try to "bear arms[9]" in NJ. And it will only get worse.
Can it be stopped? Yes. Title 18 USC 241 calls for the imprisonment for 10 years of anyone conspiring against Constitutionally protected rights. Michael Bloomberg, Shannon Watts, and other anti-American, anti-patriotic felons involved in the anti-Constitutional conspiracy to take away everyone's guns. And that law is sufficiently broad that it could include lawmakers, governors, and attorneys general. But again, who will charge these criminals?
They won't take my guns while I draw breath. It's also a bit hypocritical from a man like Michael Bloomberg who's surrounded by armed goons with submachine guns (NFA weapons). Enforcing 18 USC 241 would send a strong message (as would prosecuting the judge and LEOs in Gary Willis' murder). But again, the laws are written to keep the average citizen from exercising their rights. The elite will always exercise the rights they want taken away from everyone else. By many accounts, we're already slaves. Just remember, when the guns are gone, there'll be no way back, the elite will rule with an iron fist.
When all is said and done, dictators around the world agree that, he who has the guns makes the rules.
Protect your Constitutional rights. They're all that stand between a tyrannical government and your grandchildrens' slavery.
David-
[1] Hillary Clinton has never been charged, but is guilty of a number of federal crimes related to her unofficial server with classified information on it. Despite James Comey's statement that she had no intention of breaking the law, anyone with any knowledge of the law knows that the laws she violated come under 'actus rea' not 'mens rea' -- meaning the act of her violating the law was sufficient grounds to prosecute. [2] Saul Alinsky wrote 13 points necessary to convert the US (or any country) to Communism. Google 'Rules for Radicals' and check out the wikipedia article. [3] Don't even get me started on "Biden Zones" (called "gun-free zones" by the left), this euphemism betrays the fact that these are disarmed victim zones and should be so called as 98% of all mass shootings happen there for a reason. [4] In Nov 1978, the Jonestown Massacre occurred and horrified the world. Some 909 people died in a forced ritual suicide in Jonestown, Guyana, South America. US Army units were deployed in the cleanup of the bodies, so received widespread media attention. For years after, the US Gov't used the term "cult" to instill fear. For a different take on the Waco massacre, see this article, and others linked from it. [5] 18 USC 1918/5 USC 7311: Disloyalty and Striking Against the Government. Remember WHO the government is -- of the people, by the people, for the people. So if they break faith with the people (us), they've struck against the government. [6] The term encroach is generally used in conjunction with property, which should clue you in that our rights are property rights. And my property ends where yours begins, same for our rights. [7] Supreme Court Chief Justice Thurman Marshall is quoted as saying: any law that is repugnant to the Constitution is void. The NFA of 1934 unquestionably falls into this category. [8] 18 USC 242, Deprivation of Rights Under Color of Law. [9] To bear an arm means to carry an arm, like a firearm. In many states, your car is considered an extension of your house, so having a gun in your car is like having one in your house (NJ is not one of those states). Let’s not even bring up the folks arrested in NY airports because they had a gun (declared) in their luggage, but had ammunition in the same suitcase. NY has decided this is close enough to call it transportation of a loaded weapon. Felon factory laws all.