Constitution & Law


Gun Control Issue Resolved in 1791

Our rights are natural, given to us by the Creator.  So, with that in mind, understand that The Second Amendment does not give you the right to keep and bear arms. The Second Amendment does not protect you against the government from taking away your guns. Your rights are given to you by God, and protecting your rights are your responsibility.

In today’s America, there is a concerted effort to remove your gun rights.  But the right to keep and bear arms is so entrenched in the fabric of our society, the statists that desire to disarm you are also using a method that goes after the ammunition.  Bullets are hard to come by, of late.  Certain kinds of ammo, like hollow points, are under fire.  In California, starting in January of 2014, background checks will be required for the purchase of projectiles, if Jerry Brown signs the bill sitting on his desk.

It almost makes me want to take up the bow and arrow. . . almost.

There is no enumeration in the Constitution that grants to the federal government the authority to regulate firearms.  In the first seven articles the authority to regulate firearms at the federal level is not granted.  In the 2nd Amendment, the federal government is told it “shall” not infringe upon the right to keep and bear arms.  But that was only added to the Constitution because the Anti-federalists feared that if it was not in writing, the federal government would ultimately infringe on our God-given gun rights.

The Second Amendment begins with a call for “A well regulated militia.”  A well regulated militia is not one regulated by the government, as assumed by many folks because of their flawed notion regarding the definition of the word “regulated.” The part of the amendment that calls for a well-regulated militia is stating that the militia must be a fighting force that is in good order.

We must remember that the word “regulated” in 1791 did not necessarily mean “to control and restrict,” as the statists claim in today’s political atmosphere.  The word “regulated,” according to the 1828 version of Webster’s Dictionary, was defined as meaning: “to put in good order.” The need to have a militia in good order makes sense when one considers that during the Revolutionary War the militia was not in good order. The muskets were all different sizes, often the clothing of some members of the militia was tattered, and many didn’t even have shoes. So, a well regulated militia, from the point of the view of the founders, was a militia that was in good order.

The need for the citizens to be armed was made evident during the Revolutionary War, and the importance of gun ownership by the people of that generation was clearly portrayed by the context of the Battle of Lexington Green, where the first shot of The Revolution was fired.

The British Troops were marching toward Concord, Massachusetts, and a rag tag company of the Massachusetts Militia met the Redcoats at Lexington, to confront them, and stop them.  A shot rang out, which triggered a gun battle, and the War for Independence was in full gear.

But why was stopping the British at Lexington so imperative?  What made the revolutionaries so intent on doing whatever it took to prevent the King’s Army from gaining access to Concord?

In Concord was our largest munitions depot.  Guns and ammunition were stored in Concord.  So, it can be said that the final straw – what made us fighting mad enough that we began a bloody revolution against England – was when they came for our guns.

The current push for gun control is not the first effort by the federal government to go after our ability to defend ourselves.  The federal gun-running operation called Fast and Furious placed guns in the hands of the Mexican drug cartels so that, if the democrats played their cards right, the guns would be used to kill many Mexicans, and then the party of the jackass could scream, “See what American guns have done?” hoping that American voters would demand a stop be put to the manufacturing of such dangerous weapons.

The operation backfired, two border patrol agents were killed, and the scandal grew to reveal what the Obama administration was trying to do.  The administration, with no surprise to anyone, has been lying about the operation from day one.  The media hopped aboard those lies, and have protected the president as best they could.  The democrats have circled the wagons regarding the Fast and Furious scandal, and the scandal that would have brought down any GOP President, thanks to quick damage control by Obama’s minions, remained harmless, and has been all but forgotten.

Prior to the Fast and Furious operation being exposed, the federal government, through the courts, attempted to gain the power of dictating to the States what they can, and cannot, do, regarding firearms by ruling against State Sovereignty in the McDonald v. City of Chicago case.

Before the ruling regarding Chicago’s handgun ban, in the Washington DC v. Heller case in 2008 the Supreme Court of the United States determined that the right to bear arms is an individual right, as opposed to a collective right which would only allow the bearing of arms for the purpose of participating in government approved groups, such as law enforcement agencies.

Anti-Federalists feared the creation of a central government because they feared the federal government would become tyrannical, and take away people’s rights. Therefore, even though the Constitution in the first seven articles did not grant to the federal government any authority over gun rights, along with the rest of the Bill of Rights, those skeptical over the creation of a central government wanted an amendment that clarified clearly that the federal government had no authority to infringe on the right to keep and bear arms.  The Second Amendment is the article that spells out the terms regarding gun rights in America, as the Anti-federalists desired.

We have to remember that State Sovereignty is an important factor, here.  All powers belonged to the States prior to the writing of the Constitution. The first seven articles did not give to the federal government the authority to regulate firearms, therefore, any legislative power over gun rights is a State power. The 10th Amendment supports the States’ rights regarding this issue, and the 2nd Amendment confirms the limits placed on the federal government regarding guns.

This does not mean the States have the right to infringe on your gun rights, however.  Remember, your right to keep and bear arms is a personal, fundamental, natural right given to you by God. The founders did not worry about the States infringing on gun rights, because the local governments were closer to the people.  They expected you to protect your right to keep and bear arms, and to not let your State become tyrannical regarding that issue.  But in today’s political environment, the argument has become all about the tyranny of the States. If the 2nd Amendment does not apply to the States, what keeps the States from infringing on gun rights?  They seem to be stomping on our right to our guns quite readily.

No expanding background checks, no mental health checks, and no weapon or clip bans! Tell Lawmakers to Reject Federal Gun-Control Legislation!

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Douglas Gibbs

About Douglas Gibbs

Doug is a longtime Internet radio host, conservative political activist, writer and commentator; he is the host of Constitution Radio and teaches weekly classes on the Constitution in Southern California. Follow him @douglasvgibbs.

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