Tenth Amendment Center by Joe Wolverton, II
President Donald Trump promises that he is just a few weeks from issuing regulations that would outlaw bump fire stocks.
Were knocking out bump stocks, Trump said at a White House news conference on October 1. Were in the final two or three weeks, and Ill be able to write out bump stocks.
This Republican presidents promise to write out bump fire stocks sounds suspiciously like his Democratic predecessors claim to possess the power to use his phone and pen to make law.
Ive got a pen and Ive got a phone, Barack Obama proclaimed in 2014. And I can use that pen to sign executive orders and take executive actions and administrative actions, he added.
This two-party, one policy situation is decades old. Regarding the presidential penchant for disarming the American people, I am reminded of a story I wrote in January 2014:
In an executive Fact Sheet issued January 3 by the White House, the president purports to establish new guidelines for keep[ing] Guns out of Potentially Dangerous Hands.
NOTE: Originally published at The New American Magazine and reposted here with permission from the author.
The next paragraph of that story can now be applied to both President Obama and President Trump:
What President Obama a former part-time law professor seems not to understand is that every time he issues some executive order, presidential finding, or fact sheet, he is exceeding the constitutional limits on his power and thereby violating his oath of office.
All you need to do is change the last name of the president and change the words fact sheet to memorandum and the story is no different.
President Trump is exercising that same unconstitutional authority to infringe significantly on the rights protected by the Second Amendment, specifically, the right to keep and bear arms.
Trumps attack on the Second Amendment in the form of banning bump fire stocks should come as no surprise.
In fact, back in February the president issued an official memorandum ordering the Department of Justice to dedicate all available resources to complete the review of the comments received, and, as expeditiously as possible, to propose for notice and comment a rule banning all devices that turn legal weapons into machineguns. Lest there be any misunderstanding, the memo identifies the device in question as bump fire stocks and similar devices.
For those of you counting on the National Rifle Association (NRA) to come to the defense of the Second Amendment, you probably dont want to read any further.
The NRA released the following statement regarding federal regulation of bump fire stocks:
The NRA believes that devices designed to allow semi-automatic rifles to function like fully-automatic rifles should be subject to additional regulations.
So, no help from the NRA for Americans who believed the group to be defenders of the Second Amendment.
Of course, such a statement isnt surprising considering that the very same press release reveals that the NRA doesnt understand the purpose of the Second Amendment.
In an increasingly dangerous world, the NRA remains focused on our mission: strengthening Americans Second Amendment freedom to defend themselves, their families and their communities, the statement reads.
Wrong.
Our Founding Fathers were not concerned about protecting a mans right to keep his home and family safe from danger. Our Founding Fathers protected the individuals right to keep and bear arms because they knew that such was the only way to avoid being enslaved by tyrants.
They knew from their study of history that a tyrants first move was always to disarm the people, and generally to claim it was for their safety, and to establish a standing army so as to convince the people that they didnt need arms to protect themselves, for the tyrant and his professional soldiers would do it for them. Sound familiar?
Consider this gem from William Blackstone, a man of immense and undeniable influence on the Founders and their understanding of rights, civil and natural.
In Volume I of his Commentaries on the Laws of England, Blackstone declares the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression.
Would anyone in America or the world, for that matter argue that the sanctions of society and laws are sufficient to restrain violence or oppression?
Thus, the people must be armed.
Commenting on Blackstones Commentaries, eminent Founding Era jurist and constitutional scholar St. George Tucker put a finer point on the purpose of protecting the natural right of all people to keep and bear arms. He wrote:
This may be considered as the true palladium of liberty . The right of self defense is the first law of nature: in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any colour or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.
Enough said.
As for President Trump, he has done many things consistent with his solemn oath to preserve, protect, and defend the Constitution. His issuing of a regulation to shrink the scope of the Second Amendment is not one of them, however.
Its this easy: Article I, Section 1 of the Constitution grants federal lawmaking power exclusively to the Congress.
Regardless of the word he uses to describe it, any time the president orders the executive branch to create law by executive decree, he is usurping the authority of the legislature.
Finally, in his memo, President Trump writes that he was motivated to begin the process of banning bump fire stocks after the deadly mass murder in Las Vegas, Nevada, on October 1, 2017.
No matter how many people are clamoring for protection, no matter how many madmen go on murderous sprees, the president is not constitutionally authorized to take executive actions that encroach upon rights protected by the Constitution in this case, the right of the people to keep and bear arms.
Apart from his work as a journalist, Joe Wolverton, II is a professor of American Government at Chattanooga State and was a practicing attorney until 2009. He lives in Chattanooga, Tennessee. Since 2000, Joe has been a featured contributor to The New American magazine. Most recently, he has written a cover story article on the Tea Party movement, as well as a five-part series on the unconstitutionality of Obamacare.
#8: sneakypete To: GrandIsland (#4)
I bet you have one though,don't you?
sneakypete posted on 2018-10-20 16:56:39 Reply Private Reply
#9: GrandIsland To: sneakypete (#8)
Actually, I dont. I personally feel banning them is as fruitless as installing a screen door on a submarine. But my point was valid... the problem isnt that bump stocks are banned because they arent a fucking right to possess. The problem is the assholes that get indoctrinated to allow this to happen OR HAVE TO HAPPEN. Those sheep are your American PEERS.
GrandIsland posted on 2018-10-20 17:36:13 Reply Private Reply
#10: Deckard To: GrandIsland, hondo68 (#4)
Huh? What part of "shall not be infringed" do you not comprehend?
Anyways, it's always hilarious watching the rampant hypocrisy of Trump cultists on full display.
This Republican presidents promise to write out bump fire stocks sounds suspiciously like his Democratic predecessors claim to possess the power to use his phone and pen to make law.
Ive got a pen and Ive got a phone, Barack Obama proclaimed in 2014. And I can use that pen to sign executive orders and take executive actions and administrative actions, he added.
If Obama had taken steps to ban bump-stocks, you would have screamed bloody murder.
Trump does it and he's "Making America Great Again".
Deckard posted on 2018-10-20 18:57:53 Reply Private Reply
#11: GrandIsland To: Deckard (#10)
A bump stock is not a firearm. Dumb shit.
lol
GrandIsland posted on 2018-10-20 19:11:57 Reply Private Reply
#12: sneakypete To: GrandIsland (#9)
I actually agree with you on that. In fact,if someone is shooting at me with an AR,I hope they are using a bump stock because the chances are much higher that I won't get hit.
I am sure there is something I hate more than an inaccurate weapon,but I am having trouble thinking of it right at this moment.
sneakypete posted on 2018-10-20 19:50:31 Reply Private Reply
#13: sneakypete To: Deckard (#10)
It's not a firearm. It's a freaking butt stock.
sneakypete posted on 2018-10-20 19:51:31 Reply Private Reply
#14: nolu chan To: Deckard (#0)
The English common law right of self-defense was not a right of communal defense against the dark overlords. The right to keep and bear arms in the U.S. Constitution carried forth the English common law right to keep and bear arms which was applicable to the colonists as subjects of the King of England.
The author could have quoted Blackstone directly on point, but he does not like what it says:
http://avalon.law.yale.edu/18th_century/blackstone_bk1ch1.asp
Blackstone's Commentaries on the Laws of England
Book the First - Chapter the First: Of the Absolute Rights of Individuals (1765)
The common law right to keep and bear arms applied to arms "such as are allowed by law" and "under due restrictions." This RKBA was carried forth by the colonies into the Constitution.
"Due restrictions" may include bump stocks.
nolu chan posted on 2018-10-20 20:39:07 Reply Private Reply
#15: nolu chan To: Deckard, GrandIsland (#10)
What part of the defined "right" in "the right to keep and bear arms" do you not understand. The right applies only to arms "such as are allowed by law" and "under due restrictions." Your misunderstanding is not of "shall not be infringed" but your willful misunderstanding of the right itself, and its inherent limitations.
nolu chan posted on 2018-10-20 20:41:41 Reply Private Reply
#16: Hondo68 To: nolu chan, Hogg bros, Fire Island (#15)
You Hogg bro canaries are clueless.
Hondo68 posted on 2018-10-20 21:20:31 Reply Private Reply
#17: GrandIsland To: nolu chan (#15)
lol
GrandIsland posted on 2018-10-20 22:00:02 Reply Private Reply
#18: Deckard To: nolu chan, GrandIsland, hondo68 (#15)
A ban on bump-stocks is clearly as unconstitutional as the ban on "assault rifles".
Wanna bet Trump the gun-grabber goes after them before his term is up?
Deckard posted on 2018-10-20 22:41:56 Reply Private Reply
#19: GrandIsland To: Deckard (#18)
This is why LITTLE PEOPLE, like you, have no importance. Youre an idiot... and have no business deciding whats constitutional and whats not.
Your post is the dumbest shit I think Ive ever read on ANY political forum.
GrandIsland posted on 2018-10-20 22:48:31 Reply Private Reply
#20: Deckard To: GrandIsland (#19)
How ironic coming from a former cop with a room-temperature IQ.
Eat a buffet of dicks princess.
Deckard posted on 2018-10-20 23:09:15 Reply Private Reply
#21: Hondo68 To: Deckard (#18)
Most people think that a stock is an essential part of a rifle. It's like saying that you can only have a trigger that fires once every minute.
Nanny state Infringements!
Hondo68 posted on 2018-10-20 23:16:31 Reply Private Reply
#22: Deckard To: hondo68 (#21)
Trump cultists don't care as long as it's "their boy" doing the infringing.
Deckard posted on 2018-10-20 23:29:55 Reply Private Reply
#23: nolu chan To: Deckard (#0)
Blackstone's Commentaries: With Notes of Reference, to the Constitution and Laws, of the Federal Government of the United States; And of the Commonwealth of Virginia, by St. George Tucker (Philadelphia: Published by William Young Birch and Abraham Small, Robert Carr, Printer, 1803) is a five (5) volume work. All praise to the author for avoiding any citation to the title or a volume, must less a section or page, or a link to an online copy.
http://www.constitution.org/tb/t1d12000.htm
Tucker's Blackstone, Volume 1, Appendix, NOTE D, Section 12, Restraints on Powers of Congress
http://www.constitution.org/tb/tb-0000.htm
Tucker's Blackstone, Volume 1, Appendix, NOTE C, Of the Constitution of Virginia
http://www.constitution.org/tb/t1d16000.htm
Tucker's Blackstone, Volume 1 Appendix, Note D, Section 16 - Judicial Powers.
In interpreting the U.S. Constitution, one may not ignore the English common law that was brought over to the colonies and "remained in full force therein, until repealed, altered, or amended by the legislative authority of the colonies, respectively; or by the constitutional acts of the same, when they became sovereign and independent states."
http://www.constitution.org/tb/t1e.htm
Tucker's Blackstone, Volume 1 Appendix, Note E, Of The Unwritten, or Common Law of England and Its Introduction Into, and Authority Within the United American States
nolu chan posted on 2018-10-20 23:56:29 Reply Private Reply
#24: nolu chan To: GrandIsland, Deckard (#19)
This is where they summon from the ether that the Court only issues opinions that are not binding and may be ignored.
nolu chan posted on 2018-10-21 00:09:04 Reply Private Reply
#25: nolu chan To: hondo68, Deckard (#21)
nolu chan posted on 2018-10-21 00:22:37 Reply Private Reply
#26: Hondo68 To: nolu chan, new and improved Kent State, Molon Labe (#25)
Not on her watch, Donnell and David Hogg's goons don't stand a chance at the new and improved Kent State.
Gun girl has put the fear of God into the Trump/Hogg gun grabbers
Hondo68 posted on 2018-10-21 00:46:52 Reply Private Reply
#27: nolu chan To: hondo68 (#16)
Hondope and partner prom pic on twitter. How sweet.
https://twitter.com/cameron_kasky/status/988454056615202817
Cameron Kasky
@cameron_kasky
Prom 2018
9:26 AM - 23 Apr 2018
It looks like your inner yukon snuck out of the closet again.
nolu chan posted on 2018-10-21 01:01:37 Reply Private Reply
#28: nolu chan To: hondo68 (#26)
She is not a student or faculty at Kent State. She can lawfully open carry on campus per Ohio law. She is a visitor and does not fall under the Board of Trustees' policy statement: "The policy provides a declaration by the Board that deadly weapons are prohibited on all university grounds, unless otherwise permitted by Ohio law."
nolu chan posted on 2018-10-21 01:07:29 Reply Private Reply
#29: VxH To: Deckard, hondo68 (#22)
Beautiful plumage the poodle's tailors wove him ehh?
VxH posted on 2018-10-21 01:56:47 Reply Private Reply
#30: misterwhite To: Stoner (#2)
misterwhite posted on 2018-10-21 10:10:38 Reply Private Reply
#31: Stoner To: sneakypete (#7)
I am with you on that. I use to laugh at people that used ear plugs shooting 22's. No more. I do the same now. Abused myself too much when I was younger !!
Now I wear them even when using 22's. Hearing is bad now, just do not want it to deteriorate further.
Wife says if I get any worse, she will have to get one of those battery bull horns. I said " Huh " LOL !!!
Stoner posted on 2018-10-21 11:58:30 Reply Private Reply
#32: nolu chan To: VxH (#29)
- - - - - - - - - -
The Great, the Magnificient President Donald J. Trump
nolu chan posted on 2018-10-21 13:08:19 Reply Private Reply
#33: Hondo68 To: nolu chan, Dan Rather team, Hogg Bros (#32)
Hondo68 posted on 2018-10-21 13:45:14 Reply Private Reply
#34: nolu chan To: hondo68 (#33)
nolu chan posted on 2018-10-21 15:04:28 Reply Private Reply
#35: sneakypete To: hondo68 (#26)
sneakypete posted on 2018-10-21 19:35:02 Reply Private Reply
#36: Vicomte13 To: Deckard (#0)
Vicomte13 posted on 2018-10-21 20:26:12 Reply Private Reply
#37: Hondo68 To: Vicomte13, Full Auto is legal (#36)
That's incorrect, there are many firing full auto at Knob Creek and elsewhere.
NFA '34 levied a $200 tax stamp on them. There are many machine guns in private hands, "legally".
Canadian Senator goes full auto, legally....
Hondo68 posted on 2018-10-21 20:43:05 Reply Private Reply
#38: Vicomte13 To: hondo68 (#37)
As a society, we have drawn the line at automatic weapons. You can have semi-automatic weapons, but full automatics are difficult to come by legally, and buying one requires a lot of extra steps.
This seems like a reasonable place to draw the line. In a similar vein, I don't mind if airplane aficionados buy and fly World War II bombers. I do mind if they are able to arm them with bombs.
Vicomte13 posted on 2018-10-21 20:47:55 Reply Private Reply
#39: Hondo68 To: Vicomte13, hates us because we are free, wanabe tyrant (#38)
You hate us because we're free. Trump will sell anything to the Saudi's, but US citizens have infringements.
Well ya, Joe Sixpack doesn't have $110 Billion to spend on arms. Not Saudi Prince's, so we're screwed.
Hondo68 posted on 2018-10-21 21:12:21 Reply Private Reply
#40: A K A Stone To: hondo68 (#39)
A K A Stone posted on 2018-10-21 21:16:55 Reply Private Reply
#41: Vicomte13 To: hondo68 (#39)
I think that the gun laws should be set to keep machine guns out of private hands. Machine guns and missile launchers, bombs, nukes, anti-aircraft weapons, etc.
Private people having THOSE weapons in their hands doesn't make ANY of us free - it holds us all hostage to nutjobs who cook off all the time. We SEE nutjobs cook off right HERE on THIS small website all the time.
Drawing the line THERE, at machine guns, makes sense to me. I don't believe that it's a matter of cutting off your freedom to say you can't have machine guns, land mines, Hawk missile batteries, Stinger missiles, Claymore mines and a nuke in your basement. Jesus Christ, man, you people sound like lunatics when you suggest that ANY sort of rational restriction on gun ownership renders you unfree. It's nuts.
Semiautomatic weapons? Sure - I think we should be able to have those. Also handguns - I think we should be able to carry those in most places. I don't think we should have to register every gun or license everybody. Broad guns rights are great.
But unlimited open-ended possession of any sort of weapons? Nukes in your basement? No. Machine guns? No. No, our society will not be FREE, in any meaningful sense, when nutjobs can cook off and hose down 100, 200, 100,000 people at a shot before they can be stopped.
Common sense has got to prevail. You put yourself out of the pale of even getting to sit at the table when you bleed out the eyes at ANY sort of restriction on weapons. That hasn't ever really been our law. It's not our law now. It's not going to BE our law.
Now, if you and your ilk are rational and admit that, yeah, weapons of mass destruction are not protected by the 2nd Amendment, then people will accept you at the table. But if you take an absolutist hard line, then your guns rights ends up being lost because you're not even in the room, the only people left standing up for gun rights are people like me. And I understand why machine guns are where the line has to be drawn.
Engage rationally on the question, don't go crying that you're being enslaved because you aren't allowed to have your own person nuke. COME ON, man.
Vicomte13 posted on 2018-10-21 22:47:56 Reply Private Reply
#42: nolu chan To: hondo68, Vicomte13 (#37)
There are 186,619 transferable machine guns in the USA. Only machine guns lawfully possessed before May 19, 1986 qualify.
nolu chan posted on 2018-10-21 23:34:24 Reply Private Reply
#43: Vicomte13 To: nolu chan (#42)
And theyre all registered, so the BATF knows where they are, yes?
And if one man, say, who runs a mosque or has a compound out in Idaho, accumulates 15, 20, 30, 1000 of them, the government will know that, because those weapons are tracked, true?
If a mosque or a militia starts accumulating legal machine guns, there will be government spies sent to see what is going on, yes? We dont pretend that the accumulation of machine guns is like collecting flowers, because were not obligated by the 2nd Amendment to be blind idiots. The Constitution is not a suicide pact. Right?
Vicomte13 posted on 2018-10-22 07:48:08 Reply Private Reply
#44: nolu chan To: Vicomte13 (#43)
All full auto machine guns. Only those machine guns lawfully in civilian possession before May 19, 1986 may be lawfully in civilian possession today. If a machine gun was not registered on a Form 4S prior to May 19, 1986, it may not be lawfully transferred to a civilian today.
No new machine guns may be manufactured for civilian possession. No weapon of new manufacture can be registered on Form 4S prior to May 19, 1986.
The restricting issue, and the cost inflating issue, is not the $200 tax stamp. All such weapons must have been owned and registered before May 19, 1986. Demand exceeds supply, and unless the law changes, supply will never exceed the 186,619 of such registered weapons that existed in 1986.
BATF may not know where they are all at, but they know who they are registered to and in whose custody they are supposed to be.
Their lawful transfer generates a required paper trail. They must authorize the transfer, or the unauthorized transfer of the weapon results in unlawful possession and a weapon that may be seized as contraband.
I believe all you said is correct.
Of possible interest:
Saul Cornell and Nathan DeDino, A Well Regulated Right: The Early American Origins of Gun Control, 73 Fordham L. Rev. 487 (2004).
Available at: http://ir.lawnet.fordham.edu/flr/vol73/iss2/3
Saul Cornell, St. George Tucker and the Second Amendment: Original Understandings and Modern Misunderstandings, 47 Wm. & Mary L. Rev. 1123 (2006).
Available at: http://scholarship.law.wm.edu/wmlr/vol47/iss4/3
nolu chan posted on 2018-10-22 12:58:38 Reply Private Reply
#45: sneakypete To: Vicomte13 (#36)
No,they haven't. It would be un-Constitutional to ban them,so the goobermint came up with a permit system called a "Class 3 Licence" to buy,own,or possess full-auto weapons and "weapons of mass destruction".
You have to fill out feral papers and have them approved by your local Chief of Police or Sheriff,and he has to send them off to the feral government. I forget now how much the "tax stamp" costs for each weapon these days,but IIRC,it was 300 bucks back in the 30's when this un-Constitutional insanity started,and that was a massive amount of money at that time.
The fee remained at that level until Bubba and a DIM Congress managed to achieve a run-around the Constitution by the simple method of destroying every surplus Class 3 weapon in their inventory. This in effect is a ban because there are no longer any more surplus full-auto weapons to be released,and this means the price for something simple like a M3 Greasegun that used to be available for 400-500 bucks is now several thousand bucks,and getting more expensive every day.
Bubba even had surplus weapons we gave to other nations confiscated and destroyed or put out of reach by dumping them in the deep ocean. I personally knew people who told me that what looked like brand new BAR's,Thompsons,M-2 Carbines,M3s,and M-14's were taken out to sea and dumped with BATF agents supervising and writing down the serial numbers.
No problem for Bubba and his bodyguards because the government provides full auto weapons to guard him and his family,and no real problem for his golf partners,because it is chump change to them.
There is no longer any practical way for a blue-collar worker to legally own one because he just can't afford it.
sneakypete posted on 2018-10-23 19:36:21 Reply Private Reply
#46: sneakypete To: Vicomte13 (#38)
That's because you don't know WTF you are talking about. These are THE very weapons the Second Amendment was written to protect.
In a similar vein, I don't mind if airplane aficionados buy and fly World War II bombers. I do mind if they are able to arm them with bombs.
This proves you don't know WTF you are talking about.
sneakypete posted on 2018-10-23 19:38:42 Reply Private Reply
#47: sneakypete To: hondo68 (#39)
You really are turning into a fucking idiot.
sneakypete posted on 2018-10-23 19:39:25 Reply Private Reply
#48: sneakypete To: Vicomte13 (#41)
Really? Damn shame you weren't around to hear my local sheriff tell his secretary to sign off on anything I wanted,including machine guns,without having to ask him when I applied for my CCW permit.
sneakypete posted on 2018-10-23 19:41:13 Reply Private Reply
#49: Vicomte13 To: sneakypete (#46)
Yep, 100 years before they were invented, that's what the Founding Fathers had in mind. Mmmmhmmm. Seems legit.
Vicomte13 posted on 2018-10-23 20:50:19 Reply Private Reply
#50: Vicomte13 To: sneakypete (#48)
How about nukes? Does the 2nd Amendment guarantee your right to have a personal nuke in your basement?
Vicomte13 posted on 2018-10-23 20:55:57 Reply Private Reply
#51: Hondo68 To: Vicomte13, wanabe tyrants, *Bill of Rights-Constitution* (#49)
The founding fathers knew that wanabe tyrants will always exist, so arms parity with the military.
Come and take them, Piers13!
Hondo68 posted on 2018-10-23 21:02:36 Reply Private Reply
#52: Vicomte13 To: hondo68 (#51)
So, the Second Amendment guarantees your right to possess your own personal nuke?
Vicomte13 posted on 2018-10-23 21:13:42 Reply Private Reply
#53: Hondo68 To: Vicomte13, amateurs (#52)
I've have a zero 'Unexpected Event' record.
Texas Nuclear Weapons Facility Pantex Activates Emergency Response Team Because of 'Unexpected Event'
Hondo68 posted on 2018-10-23 21:44:33 Reply Private Reply
#54: Vicomte13 To: hondo68 (#53)
That's swell. But do you claim that the Second Amendment guarantees your right to your own personal nuke?
Vicomte13 posted on 2018-10-23 22:02:00 Reply Private Reply
#55: nolu chan To: sneakypete, Vicomte13 (#45)
The Second Amendment protects those weapons typically possessed by law-abiding citizens for lawful purposes. Your position that a ban of machineguns would be unconstitutional is explicitly overruled by the U.S. Supreme Court in District of Columbia v. Heller, 554 U.S. 570, 624-25 (2008).
nolu chan posted on 2018-10-23 22:25:36 Reply Private Reply
#56: Hondo68 To: Vicomte13 (#54)
No, it's a God given natural right.
Hondo68 posted on 2018-10-23 22:54:05 Reply Private Reply
#57: nolu chan To: hondo68, Vicomte13 (#56)
The U.S. Constitution does not protect those rights. Enjoy your bombs in the afterlife.
nolu chan posted on 2018-10-23 22:56:10 Reply Private Reply