Know The Law: Americans Can Have The Same Firearms As The National Guard!

Know The Law  Bill of Rights Guns

In order to win the war on guns, the Progressive Left and Democrats are counting on our ignorance of not only the Constitution, but recent case law that supports the Second Amendment. The government school systems, over the last 30 years, have educated the children of America down to the mindless souls we see today. They have systematically prevented generations of people from truly understanding the meaning and intent of the Constitution. In doing so, they have bred into our society a semi-permanent sense of co-dependence on the government for entitlement services and information. While this is by design; they did not anticipate, nor do they control, the vast independent information sources available to people today.

“Know The Law” is a new category of Second Amendment Patriots articles that are designed to help community members in the defense, application, and everyday usage of the 2nd amendment. While this information does not constitute any type of legal counsel, we hope it is vibrant enough to serve as a starting point for exercising ones’ constitutional rights, act as a source of inspiration as we reach out to others who seek a better understanding of the second amendment,  and initiate attacks against those who wish to wage this war on our guns.

McDonald v. Chicago (561 U.S. 3025 – 2010) is the first landmark Supreme Court case that is important to understand. In its most basic form, the decision dismisses the proposition that a State (e.g., NY, IL) or lower government (e.g., Chicago) can supersede or ignore the rights guaranteed in the Constitution, specifically the Second Amendment. As we know, states and local governments had argued that the second amendment did not apply at the local level. For example, this is the argument supporters of the Constitution should make in New York State, where progressive oligarchs are attempting to void the Constitution with unlawful ordinances that conflict with the courts ruling. We shall see what happens.

But for many, it is the second part of the McDonald v. Chicago that is arguably the most interesting for those flighting against assault weapons bans. The decision SETTLES which weapons CAN and CANNOT be owned by citizens. The court holds:

“None of the Court’s precedents forecloses the Court’s interpretation. Neither United States v. Cruikshank, 92 U. S. 542 , nor Presser v. Illinois, 116 U. S. 252 , refutes the individual-rights interpretation. United States v. Miller, 307 U. S. 174 , does not limit the right to keep and bear arms to militia purposes, but rather limits the type of weapon to which the right applies to those used by the militia, i.e., those in common use for lawful purposes.”

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This ruling clarifies the principle that Americans can keep and bear arms that are equivalent to those in common use by the National Guard, which the court considers an example of a “well regulated militia.” Let that statement sink in and think about it. We have a RIGHT to the SAME arms that the National Guard uses in defense of the United States. Did that sink in. This refute any attempts by the Progressive Left and Democrats to make “assault weapons” illegal. As long as the “well regulated militia” (AKA National Guard) has assault weapons, the Supreme Court has ruled that the American citizen carries that fundamental right as well. Period.

The American People have the Constitution, Bill of Rights, and The Law on their side. The Progressive Left, as exemplified by Senator Feinstein, is opposed to the Constitution and are knowingly creating unconstitutional laws (by design in their own words – see Feinstein). By these actions, the Democrats have become an Anti-American Party who’s principal reasoning is to take away your natural God given rights. It is hard to argue otherwise, once you know the law.

Know The Law – Strength through knowledge.

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Categories: Know The Law

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118 replies

  1. Families in Iraq are allow to own automatic weapons for their defense because they live in a war zone.
    NDAA classifies the whole of the United States as a battleground.
    American citizens therefore live in a war zone.
    So why aren’t we allowed to own automatic weapons?
    That IS a rhetorical question.

    • I’m sure you know we ARE allowed to own automatic weapons as long as your pocket are deep enough and you’re willing to go through all of the Red Tape!

      • Very deep pockets and not all classes of weapons are allowed (Class III). But this is not the point.

        The point of Know The Law is to up-armor ourself with relevant legal knowledge so we can take the fight to them. If we sit back and wait, then the Senator Feinsteins of the world will continue to “pass laws, constitutional or not, and let the Supreme Court sort them out.” I am not a sheep and plan to work with like minded lawyers on this issue.

        Let’s get smart and start fighting.

      • Class 3 are allowed, but they are very expensive, and you need to get a tax stamp from the BATFE.

      • I may be mistaken but what I gathered the thrust of this article was is to point out that ANY governing body has no right to dictate to you what kind of weapon you choose to own, In any capacity including taxation, which is an ‘impediment’. If a tax is to be levied it should be fairly apportioned amongst the populace in a way that does NOT require giving any personal information to ANYBODY.

      • For the most part, I agree with your summary on the article. This was part of a message-based conversation that moved to our FaceBook community.

        FB Question: “While Rights are evidenced by actions, and privileges are evidenced by license, doesn’t it stand to reason that those of us who’ve applied for and accepted state issued licenses to carry firearms have, in effect, “voluntarily” surrendered our Natural Right in favor of the regulated privilege? Would it also be reasonable to suggest that if we are to claim (or reclaim) our Natural Right, we must first reject the privilege?”

        Here is my reply: I agree with the assertion that we are in effect “voluntarily” surrendering our Natural Rights for regulated privileges. People, by their nature, approach life naturally, from the bottom up. They look around to see what others are doing, in order to get a sense of what they should do – Pluralistic Ignorance. As such, they reliance first and foremost on the Constitution as an origin of action, does not come naturally.

        FB QuestionL “Do we need to reject the regulated privilege in order to reclaim the natural right?”

        Again, my reply: Hum… I believe you are thinking in the right direction. I would say that the rejection of the regulated privilege, while retaining the behavior governed by the natural right, as a public form of civil disobedience, is a necessary step that generates sufficient legal and/or civil conflict or tension needed to reassert the natural right. In essence, if these rights are natural, bestowed by God, then their exercise does not need to come by way of man-made privileges.

      • Dr J, I also am not a sheep….but I am not much more than a good … very good .. soldier. I do Pray that your partners in profession can help move any part of the mess our govt and its followers has put us in and is driving so hard toward. However, I stand ready and willing and able…(66 yr old ..) do my part once again for this once great and Godly nation. Bill Miller billymill@embarqmail.com

      • they are not talking about automatic weapons. You can’t buy “assult weapons” legally in NY anymore no matter how much money u have. Our rights have been violated.

    • Because the anti-american politicians, especially that illegal alien, obomo.
      Would like to think they can disallow everyone from owning them.

      But they have absolutely, positively NO authority to do any of that against Americans.

      Also, the law says you have the right, so go ahead and buy them if you do not already have them.
      And keep them if you already do.

      God bless America.

    • Dan, We are allowed, just have to pay the 200.00 tax on each automatic firearm. no worries.

      • David yes we are allowed full auto if you afford them . Like Alan said as long as your pockets are deep . Yes you have to have the right license . But i recently saw a full auto AK47 sell for $16.000 and a SAW go for 74.000 . I know i dont have that kind of money

      • Not here. The sheriff still has to sign off on them here, and he refuses to do so.

      • It is sad the we are taxed to exercise our 2nd Amendment Rights!! The 2nd Amendment states that the right to bear arms shall not infringed!!! If there is a tax, then the Feinsteins of the world can raise the taxes on firearms so no one can purchase one!!! There should be NO tax on Firearms!!!

      • I agree with all of you, it is a travesty… This ruling clearly says that we have the right to own Fully Automatic firearms, the gov should not be allowed to continue to infringe especially on settled law…. To acquire a Fully automatic you have to almost sell your soul to the devil, the man (LE) can come at anytime without warrant and check up on the firearm, It’s evil, capricious and just plain wrong. you actually have to give up your 4th amendment rights to own one. The sheriff here is very stingy too and tries to make you jump through hoops. Next town over the sheriff is a 2nd supporter and will issue without any trouble.

      • Jeremy learn what a family trust is and you do not have to worry about the sheriff. Been a stamp collector for over 20 years… Most here are right about a few things but those of us are around to make sure no one pretends to know what they are talking about.

    • I think I understand your question, however, NEVER underestimate the power of AIMED fire.

      • People are forgetting how easy it is to change a semi automatic rifle into a full auto (its childs play) You don’t have to buy a full auto at these prices when all you have to do in convert a semi !! Look it up on the net its simple. AK’s, Ruger 10/22’s, Colt AR’s can all be converted !! THEY just don’t want you to know…

      • If you are caught with full auto parts without owning a title II weapons it will be lights out for you, when you are caught. DHS & BATFE will make your life miserable with no parole…. being I own a few I do not advise anyone in trying, cause most dealers may ask for your Form 4’s before the ship or sale face to face.

        F/A conversions like the AK variants are not as easy as you think and same for the Ruger 10/22, only AR15’s are the easiest and even then you still have to replace quite a few parts in the rifle. “They don’t want you to know”, shows your age kid. No one has ever prevented anymore from knowing how to convert these weapons.

  2. This needs to be brought up in main stream media… Everyone should know the Law and the constitution….

    • Do you really think the main steam media is going to say any thing about this , you have lost your mind they are nothing but a bunch of ling sack’s of shit .

      • Hey Tom,
        Though I am in full agreement with the gist of your point, I take issue with the un-polite manner of making it.
        If we want to make headway arguments we need to “step up” to a level of decency in our communication so that “mainstream” America will agree with our points because they will see the logic rather cringe with the offensive language…just saying. Antone- TX CHL Instructor, TX PSB Level III. Security Officer Firearms Instructor.

      • Thomas Davis – No, I don’t expect the mainstream media (NBC, CBS, ABC, CNN, MCNBC, AND NPR) to logically cover this point. I do expect them to continue their anti-American socialist agenda designed to either create or promote a European style society.

        With that said, I am prepared this fight and continue to work to strengthen my (our) position. This is the patriots’ position that has been taken from the early 1770s through to today.

        The Progressive Left is fully engaged in a daily war against a Constitutionally-based America. The choice is to accept their position or fight back. We need to start picking sides and engage.

      • People offended by your comment/ get over it and start having the same Tolerance for us as the rest of the stupid shit that is going on in this Country. Thats a big part of the problem and why we are at the point we are at now. I can’t wait until we let the Government start taking away some of the right that are so dear to the left and sit back and watch the show begin!

      • I think Antonio’s point may be that we don’t want to start sounding like liberals since this is pretty much how they operate. Swears, insults, harassment, etc. But we need to realize people are getting extremely frustrated with these dems and liberals.

      • Point well taken.

      • To Antonio ; sorry about the comment I was just upset that day . I am just dumfounded at the way every thing is going and the country letting it go this far . And the media has not helped one bit , I called the media here and it did nothing and I was polite .

    • Gunner do you really think the main stream media is going to let us know this

  3. The National Guard carries fully automatic weapons. So, the law that outlawed fully automatic weaons is unconstitutional?

    And who is going to argue that to the courts?

    • I’d be happy to.
      Especially in the company of Alan Gura.

    • Fully automatic weapons are NOT illegal!! They are highly regulated by the NFA and are very expensive. Law abiding citizens CAN OWN FULL AUTO WEAPONS if they pay the tax and pass comprehensive background checks by the ATF.

      • If they were manufactured after 1986 they most certainly are illegal !

        Only fully-automatic or select-fire firearms manufactured on or before 1986 were able to be registered. Everything else is outright banned from public civilian ownership.

      • Captain Crunch – automatic weapons are not universally illegal to own. In many states, one needs to apply and pay tax. This is a state by state issue, not one that is universally regulated (banned) by the federal government.

        With that stated, most of these regulations are per-2010 and have not been or are in the process of being legally challenged. McDonald vs. Chicago was monumental and its impacts have not fully rippled through society. This is why we wanted to start this category of knowledge sharing, to get people thinking.

        We do NOT need to wait for politician to take action. We can start fighting back with the tools we have available. The law is on the side of the Second Amendment Patriots, start using it to take the fight to those that want to take it down our Constitution.

      • Yes, an Class III weapon is considered illegal. Again, these are per-2010 policies that were made I to laws. Now that we have McDonald, it is time to start challenging them.

        We need to stop being sheep. Just because a law maker says there is a piece of paper with words on it that stop us from doing something we want, don’t make it legal or right. We need to start using the tools available to us to fight.

      • Dr J…I’d be more likely to believe you if you wrote properly. If you don’t have a basic command of English we can’t trust you to understand what you read.

      • Captain Church can you afford to pay thousand’s of dollar’s for a full auto rifle . Like i just said to David Vaught i recently saw an full auto AK47 and it sold for $16.000 or SAW that sold for $74.000 .

      • I have never posted here before. This link was posted in a hunting forum I frequent and I do my best to stay educated and current in these topics so here I am.
        I perhaps bring a different perspective to the table on this topic. My background is in economics and finance so I see things a bit differently as they flow through the marketplace. With regards to the person arguing that fully automatic firearms are financially unattainable for we ‘average joes’ I pose a question: Why do you think these firearms are so egregiously priced today? Is it truly arbitrary? Absolutely not. It is simple supply and demand. In true economics there is no ‘arbitrary’. Like the ripples across a still pond when a rock is tossed in, the effects of one action reverberate into the distance. The government does arbitrary. A young (<21 y/o) marine can fight for his country at the behest of his government…..but cannot legally enjoy a beer when he, by god's grace, makes it back home? That is arbitrary. That is one of the ripples across the water. The reason why fully automatic or select fire firearms are so expensive is because the government arbitrarily screwed with the marketplace to make it bend to their desires….not ours. Due to that market manipulation, the volume of available legal select fire firearms has remained static or declined since 1986. 27 years after production ceased, the demand remains but the supply is nill. As it always does, when a dynamic number of dollars chases a static volume of goods, the price is driven out of the reach of all but the most well-heeled among us.
        To decrease the price of these firearms, the first step is to remove the arbitrary legislation impeding the natural forces of the market place. There obviously is a strong demand for the product. If legal production were to begin anew, no one would pay a year's salary for a thirty year old m16 when new production is available at the local gun store for a fraction of that price.
        In closing, the economy works when left alone but the government cannot seem to figure that out. Legislation is the impediment to satisfying market demand that unsatisfied demand naturally allocates the available supply to those willing and able to pay the most for it.

    • Try Ted Cruz and Rand Paul I am trying to figure out a way to get this to them so they can read it .

      • Sending it to yactually read it… I have no idea!
        our reps is easy… I email my reps on a regular basis!! Just send them a link to the site…Easy!! Now whether or not they actually read it, I have no idea!

      • Great start!

      • They are great. I believe Senator Cruz is family these court cases, but I don’t think Senator Paul has operational awareness. Call their office and talk with a staffer, share the case law and point them to the web site.

      • This Country was built and governed by the Constitution and the Amendments and according to the Laws of this Nation, We ALL have the right to own and carry any and all weapons that our Government owns. ANY laws that are made to overide these Amendments are Illegal !!! Any Lawmaker that willingly persues these laws against the Amendments is commiting Treason punishable by Death. The real problem is not the people who speak out but rather the ones who DON”T !!!

  4. Judge Andrew Napolitano: “…The historical reality of the Second Amendment’s protection of the right to keep and bear arms is not that it protects the right to shoot deer. It protects the right to shoot tyrants, and it protects the right to shoot at them effectively, WITH THE SAME INSTRUMENTS THEY WOULD USE UPON US…”

    http://www.washingtontimes.com/news/2013/jan/10/the-right-to-shoot-tyrants-not-deer/

  5. The argument would be much more convincing if it were not fraught with spelling and punctuation errors…

    *In doing so, they have BREED (bred) into our society.*

    *While this is by design, they did not anticipate, nor do they control, the vast independent information sources…* (While this is by design; they did not anticipate, nor do they control the vast information sources…)

    *category of articles that is designed* (An article IS designed, A category of articles ARE designed)

    *to help community members in THEIR (the) defense*

    *While this information does not constitute any type of legal counsel, we hope it is vibrant enough to serve as a starting point for exercising ones’ constitutional rights, act as a source of inspiration as we reach out to others who seek a better understanding of the second amendment, and initiate attacks against those who wish to wage this war on our guns.*

    (While this information does not constitute, nor should it be considered legal counsel; it is designed to:
    Act as a starting point for exercising ones’ constitutional rights
    Be an inspiration as we reach out to others who seek an understanding of the second amendment
    Initiate attacks on those who wish to wage a war on our guns) [run-on sentence bullet pointed, “those waging war on our guns” should probably be re-phrased as “those seeking to infringe our rights”; as I’m uncertain this current level of hostility constitutes war, either overt or covert]

    … Not going to continue this…

    I agree with the sentiment, but as the self-important leftist elitists have already demonstrated time and time again their willingness to use spelling, punctuation and grammatical mistakes in open mockery of our cause as evidence of us being:

    ‘knuckle-dragging mouth breathers’, ‘neanderthals’, ‘rednecks’, tea-baggers’ etc, etc, etc…

    In the media, comments boards, blogs, et al,..

    It is incumbent upon us to both countermand their talking points and cease providing them with ammunition.

    Our goal must be to factually and accurately, on a collegiate level, destroy their fallacious straw-man arguments with the FACTS, which are, invariably, on our side in this matter.

    The Alinsky method to dealing with facts is to insult the fact bearer… The mob loves a good insult, and will generally side with whomever they perceive to be winning the ‘argument’, even where there is none, Thus hurling ad hominem attacks destroys the fact, in the minds of the stupid, and gets them on their side.

    The leftists are masters of projecting superiority, and it is the nature of men to be slaves, lead by those perceived to be superior. It is, in fact central to our nature.

    Thus; it is easy to be a slave, but preserving liberty is difficult.

    • I appreciate the grammar checking, since I am always looking to better myself. Again, thanks.

    • Regarding Alinsky, Alinsky’s Rules for Radicals is more of a framework than a prescribe set of laws. Haven taken several courses in this area and studied his writings, I am certain that we can apply the rules in a factual way. Alinsky defines general classes of methods for motivating people in order to achieve a prescribed set of behaviors. Even if one disagrees with the Progressive Left use of these methods, it does not mean we can not adopt them in a manner than is consistent with our constitutional believes.

      But this raises an interesting question, are there limits to what we could or should do to protect the constitution? For example, I am for water boarding/iceboarding. In a former life, I was waterboarded several times in order to understand both the technique and psychology of the method. It works in certain situations and I am for its use in those situations. But others may not support the use of this specific tactic.

      What limits do we have in defending the constitution? This could be an interesting discussion by itself.

      • The constitution prescribes no limits on methodology, most especially in regards to the prosecution of a war.

        It does mention, and is quite verbose about the fact that no citizen is to be deprived of Life, Liberty, or the Pursuit of Happiness **without due process**

        This due process under the constitution consists at the lower limits, only of a duly elected judge or a sworn grand jury specifying that they have weighed and considered the matter to the satisfaction of his/her/them selves… From this point, the appeals roll upwards.

        The upper end of this echelon extends to the Supreme Courts, of the states and thence the nation.

        With regard to the deprivation of life, all but the lower levels are semantic, as no court has the power to restore life, whatever their vested authority. While these appeals may place stays upon execution / torture in civil climes, this becomes ever more doubtful under a ‘defending the constitution with execution scenario.

        On the subject of torture, it is silent.

        This is by design.

        Under the War Powers Act, sitting presidents are granted massive authority outside the purview of the constitution. Under a declared war, the US. Constitution prescribes, in itself, that it is largely set aside, with the onset of martial law and civilian subjectivity to martial law.

        In a time of war, martial law MAY be declared at the presidents discretion, troops in fact MAY be housed in your home without compensation, Speech MAY be limited, and people MAY be detained, or even deprived of life, WITHOUT due process.

        You have to remember that at the time of the constitution, the founding fathers could never imagine a situation where a war that would never touch the US soil would be declared or prosecuted. There was (largely) no Navy, certainly no Air Force, and only a roust-able militia in the place of a standing army.

        Therefore, the question you pose, regarding the use of torture, is basically moral one, not a constitutional issue.

        So long as due process is served, the constitution is satisfied with any activity, most especially under certain political conditions.

        With regard to the moral question, i submit that moral questions are exactly what we have here today, a academic discussion amongst men who have the luxury of discussing such matters.

        Once the constitution has been sufficiently undermined, or intentionally subverted to the the extent that the militia must rise and defend it, men such as ourselves will find ourselves no longer having the time, or luxury to discuss such matters abjectly, and they will simply be deemed a necessity, rather than a matter for discussion.

        Sadly, this is the way of things.

    • i`M just a poor book uneducated patriot american, was in the boy scouts,served in U.S.N. 10 Years, own my own business, why has proper grammar and spelling to do with my Moral and patriotic being.???

      • Nothing.

        It has nothing more to do with patriotism and despotism than ammunition does.

        Like ammunition, it simply exists, it cares not which side it serves. None the less, one would do well to deprive your enemy of it.

        Never underestimate the power of words and rhetoric. We find our republic endangered even now because of it.

    • Um….’A category’ is singular…watch the whole glass houses things….I quit reading your rant after seeing such elementary bs…

      • @ Tim, keep on telling yourself that… Like a singular Herd. A Herd of sheep IS grazing… A Flock of Geese IS flying..

        A category of articles ARE designed to do wherever you design them to do, they IS not designed to do anything else.

      • Sorry to disappoint you Tim and hope you find what your looking for in another blog.

      • He was addressing my critique of the article, Dr J, not you, no worries 🙂

        He just failed to grasp that while ‘category’ is most certainly singular, the category of articleS you plan to write are not.

      • Michael Britt – I am always looking to improve and honestly take any criticism into consideration that is given with an intent to improve. With that stated, I hope we all remember to reflect on main topic – the courts have given us plenty of ammo to defend our current positions and begin to attack those that have been taken from us.

      • The catagory of __________ is there.
        All the catagories of _______ are there.
        Fill the blank with anything, singular or plural. Using proper grammar prevents the writer from appearing to be an uneducated, unsophisticated twit. Yes, grammar matters.

      • Always looking to improve my written communications skills. Thanks.

    • led by thos percieved, not lead…you lead people, but people are led. I appreciate good grammar, punctuation and spelling as well. If you are going to make corrections, you should make sure your comments are free of errors as well or they will be picked apart. As you pointed out, we would rather point out detail to detract from the real point when we know we have nothing to counter the real point. I do agree 100% with you on the fact that we must speak and write intelligently so people realize we are educated and we stil like our guns! Even if you are not an avid gun entusiast, there is still the issue of our rights as Americans. If they can take away 2A, they can take any of them away, and they will if we continue to do nothing.

      • Ha..and I missed the darn e on those…you see…just easy to do no matter how hard you try…

      • OH for Gods sake, Let cut the crap on the whole Grammer issue and get back to whats important !! We have big problems to solve and from the looks of things, Very little time to solve them. Michael, I’m glad you have good grammer and I would love to learn more about it at another time but right now we need good input to solve these problems and you are a smart guy that can help. Dr. J has been instrumental in helping and we need all the help we can get from educated and non educated people !! Michael, I don’t want to be on the battlefield trying to defend our Country while you’re correcting everyones grammer. LOL Lets get these brilliant idea’s flowing again and SAVE our way of life !!! Thank you.

  6. Folks the constitution is clear on this. We the people have the right and duty to be armed and ready to protect our homes and country. The elected public officials HAVE A DUTY AND ARE BOUND BY OATH to preserve and protect the constitution.Its our jobs as Americans to force public officials to their oath. And when they dont uphold their oaths we the people have a obligation to turn them around or remove them. The only way this will be done is not for us to ask what we should do. Our mandate is clear. When a public official usurps and goes against his/her oath to the american people,we must remove them from office even if it requires force to do so. My question is, Wheres the americans with backbone? Wheres there Americans with enough common sense to know the constitution and hold public officials to it. ITS OUR DUTY. I will say this. If we expect public officials to clean their acts up voluntarily, It wont happen. WE THE PEOPLE HAVE THE OBLIGATION TO DO THIS. And if we fail to act or succeed, we have no one to blame but ourselves. It boils down to one thing. Are you a sheep that follows along with status quo? Or are you a true American that believes in our rights and will force the will of the people and constitution. I been fighting for 20 years or so.And dont plan on laying down and taking this tyrannical govt with its inhabitants bs and laws that are against the constitution, and the will of the people.

  7. I pledge allegiance to the Flag of the United States of America and to the Republic for which it stands, not the Democracy, not a tyrannical government. One nation, under God, not Islam, indivisible with liberty, not illegal legislation designed to limit my liberty, and justice for all, to include my government officials who, by attacking my Constitution are in violation of their oath of office.
    I took an oath when I went into the military in 1968 to uphold and defend the Constitution of the United States of America against ALL enemies, foreign or domestic.
    My oath has never been rescinded nor have I been released from my oath.
    I remain loyal to my country and will defend it against the tyranny we have within the Oval Office. I never took a pledge to defend unlawful orders given by a narcissist nor do I expect law-abiding officers of my county,state or federal government to be bound to obey them either.
    The Castle Doctrine extends to personal belongings and, my Country belongs to me and We the People.
    Consider my oath active and unfaltering to my death.
    God Bless America..

  8. Please clarify your statement “A well tegulated militia (AKA National Guard….”

    I believe that this part of the 2nd Amendment does not and is not toed directly or indirectly to the National Guard.

  9. Unfortunately you are incorrect. The national guard does not use any semi-automatic weapons aside from hand guns. The guns they are trying to ban are weaker then the national guard M-16’s that have fully automatic capabilities. Fully-automatic weapons are still legal despite what politicians say (they don’t know the laws) however banning so called “Assault Weapons” would not violate that in this manner. However the whole “shall not be infringed.” is a different story entirely.

  10. I don’t see a well regulated militia in my front…so I’m keeping my weapons…

  11. my front yard, that is…

  12. Every law ever passed putting any restrictions on guns is unconstitutional including the 1939 law against fully automatic weapons and the 1968 law preventing an x felon from owning firearms. If you have paid your debt to society and are free then according to the constitution you are protected under the constitution and are entitled to the rights there of period.

  13. The National Guard has never been a Militia. The Militia is much older than the National Guard, and can not be called to national duty. The Militia only answers to the governor of a state, where the Nation Guard can be federalized ( as they are today, and coming under the president’s orders) There are 2 types of Militia. Citizens between 17 and 45, and the constitutional militia which covers all able bodied citizens..Both are all volunteers… The National Guard stays to the standard of today’s Army, and are paid……

  14. Why is it that people who support our Constitution are branded “Constitutionalists”? We were taught it was the supreme law of the land in school- IMHO everyone born in this country should be a Constitutionalist by default and not branded as belonging to some kind of “fringe group”.

  15. I always notice how everyone that leaves comments on these sites claims that they are willing to do whatever it takes to defend their second amendment rights. Where have you people been the last 50 years? Politicians infringing upon our constitution are nothing new. The only thing that will stop the madness that is going on is an armed revolution but I don’t see anyone marching on Capitol Hill. Who is willing to stand up and take charge? Who will be the first to say enough is enough? What are you waiting for? If you are waiting for someone to kick in your door and demand that you hand over your firearms then it’s too late. The battle will have already been lost.
    Fighting them in the courts won’t work. They have contingency plans for every loss they suffer there. Citing the Constitution is a lost cause. When have the politicians shown any respect for that?
    Lets be honest. Nobody is going to do a damn thing about any of it except complain. That’s what we do as Americans. We complain about illegal aliens. We complain about gas prices. We complain about gun rights. But we never do anything about any of it and I don’t see anyone standing up to fix the problems.
    The whole idea of the first amendment was to give us the right to speak out against our government. The idea behind the second was to defend the first.

    • I agree with you, Phil, with the exception of Americans not going to do a damn thing but complain. Yes, Americans are good at complaining but have also proved that they can rise to the occasion and do great things together. I believe that taking this to the courts, at this point, is useless. I wish it was that easy. The levels of corruption are so great, not only in our government but in our court system, that you’re better off flipping a coin. There are only two ways known to man that we can get anything we want. Persuasion and Coercion. Persuasion isn’t working anymore. These people need to be removed, by whatever means necessary, from the position of power they are in. I believe that many Americans, much like the jews during the holocaust, are in a state of denial right now and it’s history repeating itself. What well regulated militia is going to be organized and brave enough to take that first step? I don’t know. As bad as it sounds, some of us are limited in what we can do and are waiting for the sign to stand and fight. Some of us were born to lead and others just weren’t but it doesn’t mean they less important. I would stand behind a great leader and fight with my last breath. They, our government and other select influential people, are becoming more organized by the day and at the expense of the taxpayer no less. Out there somewhere is the well organized and regulated militia that could very well be planning and lying in wait for the right moment to rise up. At least I’d like to think there is. It will take an event, a trigger if you will, to start it and once it does I believe Americans will join all across this great nation and stand together and like our forefathers we will once again be free. We owe them and every veteran that ever fought for our freedoms that at the very least. Now hopefully I won’t have drones flying over me because of my statements.

  16. First of all they are not Class 3 Weapons, they are Title II Firearms. Know what you are talking about before you start writing more incorrect bull shit that just adds to the confusion!
    You can legally own them as an individual, business or other entity (ie a Trust). This is dependent on your state laws and regulations. If you live in California for example: as an individual you cannot own a suppressor or a full auto but can own a AOW (any other weapon) with proper paperwork.If you live in a free state (ie Texas, Arizona, or Arkansas)you can own anything you wish to submit paperwork on. You can have full auto (as long at it was registered transferable before May, ’86), short barrel firearms, destructive devices (grenades, pipe bombs, etc), basically whatever you can think of. The only issue is that the cost of such things has gone through the roof. So a let’s say you want a 203 (40 mm grenade launcher) and 12 grenades…the launcher is going to cost you (hypothetical prices) $8000 plus a $200 tax stamp…then you have 12 grenades at $1000 plus $200 EACH…this means you will be looking at a total cost of $22,600…the grenades are one time use and have a shelf life so they won’t last forever…
    To me that’s a lot of money to blow on a bad investment. You can however buy a full auto for ~$8000 plus $200 tax stamp…this you can play with and hold for it to appreciate in value.

  17. Hey DR. J. Lets start with a Class Action Law Suit against Sen. Feinstein for Discrimination and Slander against all Combat Veterans with PTSD. Her comment about all of us being crazy needs to be shoved down her throat.

    • Interesting…adding it to my list. 🙂

    • Add me to the list of claimant on that case. I am a rescently disabled vet and have been sick of that wid bagsice the 80’s. Her and her kind have been tarnishing thre golden state almost all of my life and I want a pice of her. I would not want to stop with her though. I would want to go after that Leeland Yee guy, the mayor of Los Angeles and all California sherifs and police chiefs that make it dificult to get that nconstitutional CCW license. Thesepeople have been assaulting and deprivinus of our rights for way to lang and we need to take an organized stand aainst them and go offensive. The Secnd Amendment Foundation is an organization to hook uo with as well as Calguns and a few others tha are already making progress on these fights. But one thin that appals me is that there is an estimated 90-100 million gun owners in America but only 5 million of them have joined the NRA. WE spned our hard earned mony by the bucket on uns, ammo and gear. But the oldest organization that is trying to stop the flood of gun grabbing has only 5% of us contribiting financialy to fightingfor the rights we are loseng. That is deplorable. If and when they kick in my door and send me to my maker, it will be all of your foults who have not contributed meaningfully, but chose to bitch and moan. i to am just a solder and would not know how to lead andorganize this fight. But I know it is a fight that must be fought soon and hard if America staqnds a chance of surviing for my kids to live in it as adults. I wish someone would leaqd the fight so we could all follow. If I knew how to do it I would. I would even die tryin if I knew there was a chance of succeding. I put my life on the line for 14 years for what I thought was a good thing. Since then I have seen this country and it’speople and leaders through a diferent light. it makes me sad and ashamed. It makes me want to do something to make it right. We all know that the courts are broken and the leaders arerobbing the henhouse blind. Meanwhile we sit back and talk about it and lick our wounds. pretty soon, there will be nothing left to talk about. And who will we have to blame for it?

  18. This argument doesn’t hold water. The national guard is not a “well regulated militia”, its a heavily armed operational force, with special operations capacity, including all the weapons the federal army has. The national guard is the largest military force in America, larger than the active duty army, making up over half of the US army. This article is guilty of misinformation just the same as liberals that would take your weapons. Obviously the average citizen doesn’t need missile trucks and f16s like the national guard has. I am a national guardsmen and a staunch supporter of gun rights but a semiautomatic ar15 is enough for defense of self and property, you don’t need a 50 cal machine gun. In all sanity you need to draw the line somewhere.

    • The National Guard of the United States is a reserve military force composed of National Guard militia members. Historically, the National Guard traces it origin to three, maybe four militia regiments. With the Militia Act of 1903, the National Guard was established as a federally funded reserve component of the nation’s armed forces and under direct control of the Governor of the State is resides in. Translated, the state, federal government, and courts recognize that the National Guard is a form of militia.

      Questions?

      • Says someone that obviously knows nothing about the current operational force of the national guard. It formed out of a conglomerate of militias but cannot be called a militia anymore. Look up the definition of militia. There you will find that it contradicts your statement heavily. A militia doesn’t fight wars in other countries and isn’t involved with a government or get federal funding.

      • The National Guard is a type of militia, by definition and the court rulings. To your point, the courts have generally adopted this definition of the militia: A militia (pron.: /mɨˈlɪʃə/),[1] generally refers to an army or other fighting force that is composed of non-professional fighters; citizens of a nation or subjects of a state or government that can be called upon to enter a combat situation, as opposed to a professional force of regular soldiers. AKA the National Guard.

        As far as fighting wars in other countries, there is nothing in the definition or common use of the term militia that restricts their theater of operations. In contrast, Federal Military Forces (AKA Army, Navy, Air Force, Marines) are prohibited by the Posse Comitatus Act of 1878 from performing internal police functions. However, these internal police functions are explicitly authorized while under the authority of the governor of a state. In this role, the National Guard are acting in accordance to their traditional roles as…. you guessed it…. a Militia.

    • You lagic if flawed in that you still belive in and trust the same governement that I served for.

      “enemies forign and domestic” The domestic enimies will have all the things you say we do not need to defend against them should they so choose to infringe deeply enough on your rights that you so choose to find you spine and your brain and stand up to them. You M&P 15 i not gonna do much against an M249 et alone an abrams and some cobras. The revolutionary war was fought by civilians armedwith privatly owned wepons of the timeincluding artiliary.

      If an abrams rolles up your street, what the fuck are you gonna do about it? Think this won’t happen? I guess the door to door natianl guard gun grab never happened in Luisiana after Katrina huh? Whats going on in new york right now? Someting about an information black out andmartial law. I have no idea if thise rumors aretrue or not. ButMy sister in law was aq Dr. there for years and leftlast year. I asked her to call some of her firnds and ask. She has not been able to get ahould of anyone. You come to your own conclusion on that one becuase I have no idea what’s going on over there.

      Wake up and crawl out of your little box that the liberal education system has put you in. Dig deep and find out what things rerally mean. Unfortuanatley only us simple minded dim whits say what me mena, mean what we say, and do what we say. They all say one thin, mean another, and do yet something elsein the end. Nothing can be taken at face value. You have to learn to read between the lines and take into consideration that true motives are never disclosed so you can neve know what to realy expect. I’m sorry. But life really is that complicated. I know. I was like you a few years ago. I left as a staff seargent and my last job was as platoon seargant over 30 solders patrolling the border over Mexico. I have even seen cartel snipers scouting the locations of my troops.Thankfully the Mexican army actuly was on our side at that time and dispatched them for is. But that is how on the line I have put myself for this country. And this CIC gave those fuckers realy ood hardware just to make folks like us look bad. So it is not the way you think it is.

      Wake up soldier.

  19. I don’t like when they make sweeping generalizations like this. I like the title of this article but the first paragraph alone is enough to discredit the author and make us sane gun owners look stupid. Distance from whatever assholes write this shit is best. He called all people who have been educated in the past 30 years “mindless” and started by immediately insulting Dems. Not only is this not helping the pro second amendment cause, it is offensive. He assumes all Dems hate guns and all Reps hate guns.I hate political parties and am neither Rep or Dem.

    • This is the author of the article – I am tired of playing at the fringes with Progressives, Liberals, and Democrats. As a body, their collective political works are destroying the country. Take Senator Feinstein (D – national leader) who said, “Congress is in the business of making law. The Supreme Court interprets the law.” No, Congress is in the business of making constitutional laws that promote the well beings of Americans. Her views on gun control are neither constitutional nor good for Americans. Translated – If you are a democrat and don’t support her position, then get rid of her and then we can talk about terms like “mindless.” If you are a democrat and support her position, then you are the problem and I truly don’t care what you think anymore.

      Please pick a side, then let me know.

    • The lib, dem, prgressive commuists are always insulting us. Why do we have to always be on the defensive. You distance yourself. I want to band together and make them know just how unwelcome their anti Americanisme is here. I want them to fear me on the worst possible level. I want them so afaid of me that they do not want to take my guns anymore but to run to the nearest gun free communist stronghold. I want them to give up the fight. I want them all to just die actualy because yes, I really do hate all of them. I was not theis way untill the last couple of yours as I have become more and more disolusioned. Fogive me if I hurt your feeligs or anyone elses for thatmatter. But my country has been stollen from me and I want it back. I will do anything to get it back.

  20. Interesting article. As much as i would love to have a 240b or a real M4, I don’t think i want to be the first one on the block to try and use these case laws.

    • And that is how they keep us penned in. The mere threat of loss of liberty is enough to caw almost all of us. but now, we can see on the distant horizon, that very deprivation that the threat of has kept us from acting so far.

  21. There is more to buying and owning a full-auto weapon than being able to afford it.. Some states don’t allow them. The chief law enforcement officer in your county has to sign off on the application to the BATFE, and he has the option of refusing to do so. Assuming you get this far, then you are subjected to an extensive FBI background check. If you meet all of the requirements, then, you may be able to own one of these collectors items. The prices have skyrocketed because it has been illegal to produce them for civilians since May of 1986.

    • Yes if you go down the route of having the CLEO sign off for you personally. But there are other avenues, with out a CLEO signature and fingerprint cards. Such as assigning the weapon to a LLC company. Or as many have done lately, start a trust and have the trust own the title II weapons. the last two do not require a CLEO signature and fingerprint cards. Been stamp collecting over 20 years.

  22. The people of the United States don’t care enough to protect their freedoms as long as the cash keeps coming to them. If they did they wouldn’t keep electing the a–holes that are in office.

  23. I strongly suggest that you find a good proofreader, or at least have a second pair of eyes read your text before posting it. Little errors can make it appear that you are less educated than you are, and thereby reduce the impact of your post.

  24. To the posters who are having trouble with their LEO signing off on their class 3 weapons, you can bypass that by forming an LLC or a trust that will own the weapon (as long as class 3 is legal in your state). Most lawyers can set this up for the same price as a will.

  25. I think you are taking the wording from the courts to an unreasonable level. The wording states: “i.e., those in common use for lawful purposes.” Common (ie regular use, often used, implied standard issue etc) for “Lawful purposes” (ie the Police Force who are responsible for enforcing the “LAW”.).
    Standard issue for Police is a pistol, not an assault weapon or other types. The common use weapon for lawful purposes is a pistol.
    I hate it when I see idiots twist words passed down from the courts to represent something they do not. And in reading your artricle where you claim the generations have been educated to not understand such things, in presenting your case you have indeed tried to capitalise on that very thing. So in essence, you are doing exactly what you say has been done to them by the government. Seems a bit inconsistant with your stance.

  26. Here in California we can’t have any automatic weapons period. And they seem to want to take ALL other weapons. A lot of cities seem to be going after the gun dealer and closing them down too.

  27. Phil Simon: You are correct 100% my friend!! Everything that you have said has value to it. I have often wondered how, we as Americans can come together as one and just run over any type of defense that may be in our way that violates our Constitutional Rights. Forget voteing someone out (oooh, now that is really effective isn’t it?) No,like you said,in some way or manner, we must unite with one another, gather up our arms and walk through and over the White House grounds and take control of it. Then elect whom will be up to the challenge a new Government as far as a President, etc to run not ruin our beloved country. We already have the greatest laws of the land called the Constitution of the United States. All we need to do is continue to support and honor what we have. But the majority of the Americans don’t know what to do. No matter which way we look at it, it all boiles down to a “revolution” in this country. Most of the so called men will run as fast as they can, when they see the one to their left or right go down in a fight. Alot of talk, but hardly anyone with the walk or knowledge as to how to organize as one and become an effective war machine. Fighting as individuals from our homes will only end up negative and will only allow the enemy of the States, to pick us off one by one, as a sniper would do. I am a Marine Corps Vet from Vietnam. I was a Grunt who lived, ate and fought out in the jungles of Vietnam, like many of our fellow veterans did and I can tell our readers that war isn’t cracked up as Hollywood displays it to be. It is totally confussing, when one gets into a fire fight. Like I said, most people will run their tails off the first time someone falls dead right in front of them. You have got to do what you have to do, IF you are going to help save this great COUNTRY that belongs to all of us. But only a few are really willing to die for the cause. A total take-over is the only way, and while we have all of this brave “talk” (and that’s all it is) only very few will “walk the walk” Thank you Phil for your honest and so true thoughts on we as Americans and what would we do to save our Government as we know it. Either you too are or have been a grunt, or you are just one intelligent individual. Thank you for your true comments. Semper Fi, Robert

    • Exactly. And to lead or follow is treason. And to plan and discuss is the same. People hold their freedoms and possesions dear. It is a scary idea revolution. I think it is much harder now than 240 years ago. Life is really good by comparison even for the poor and homelss. Today is a time of convenieance and we are all quite spoiled. When all of lifes needs are met we slowly become useless and helpless because our tools are no longer being used and become dull and rusty. In an uprising, do you not think they will just shut off all utilities and communications. They will have everything they just took away. The “revolutionaries” will be roughing it. The simpathisers will be hating life. And the freebees crowd who elected ohboohoo and already hate us will really be pissed at us then. Talk about an uphill battle.

  28. I have briefly reviewed the slip opinion of the McDonald case and cannot find the text quoted in the article. Can someone please provide a more specific citation to the language which purports to give us the right to own the same weapons as the National Guard.

  29. Reblogged this on The John Galt Line and commented:
    Extremely important…KNOW YOUR RIGHTS, people!

  30. Diane Feinstein is the 2013 Poster Child for Democrat Dementia

    • I wrote to Feinstein (as part of a petition) asking her to not go through with her gun ban bill. Her response? (I’m paraphrasing here) that her many years in office gives her the expertise to know better than I and that it is her opinion that these guns need to be banned….huh, that’s funny, I do not believe that I am paying her for her opinion…I’m paying her to represent my interests as a constituent! I guess it shows what a dummy I am…smh.

  31. These citizens don’t care about us they have a much bigger agenda to uphold and they will force it right down our throats. The question lies ” Are they willing to kill us all now / They already declared war on us with the N.A.D.A. Witch can cover a broad spectrum of people to be deemed as so called terrorists. Its time to take to the streets and peacefully PROTEST!!!! NOW!!!! the longer we wait the more our freedom erodes away. If we dont stand up for the second amendment they will take the rest of them, I know this how will we keep the rest of them? If you cut off the boxers arms how will he fight? He can’t he lies there defeated don’t lie down people stand, stand together!!!! The time is now!!!!!!

    • As WE THE PEOPLE are deemed self-sufficient, and allowed by “The Constitution” from Our Founding Forfathers, No one can change this (or has the power excpet GOD Himself)! He can shut all this down right now. I hate innoncent people being killed. The old saying goes that “if you take weapons from
      the “selp-protecting” citizens, shitholes will still have the damn weapons. Most people are GOD-abidinding.

  32. The well-regulated militia are not the National Guard – they are the American people.

  33. push back on Dianne Feinstein and the extreme left. Sign the petition to repeal Senate Bill SBX211. When the entire Los Angeles Superior Court Judges face felony charges for accepting money that was NOT authorized by law. That should put them back on their heels for a while.
    Google SBX211 and sign the petition. COMPLETE MAINSTREAM MEDIA BLACKOUT, Please help telling others to sign.
    I need help getting the word out. So please do your part on getting others to sign this petition.

  34. My patriots, stay vigil, stay frosty, stay informed for the fight is coming. DHS doesn’t purchase 2 billion pieces of ammo for no reason, not to mention wheeled armor vehicles. The Republicans have a majority in Congress but have failed to act. The Speaker is in Obama’s pocket and the Senate isn’t much better. 2014 elections are extremely important.

  35. We have the RIGHT to defend ourselves with the same weapons that are brought to bear against us, therefore it is my humble opinion that the states that infringe up that right are in violation of the second amendment and should be sued to be brought into alignment to said amendment. If our liberal congresspeople want to ban or restrict the use of something, let them restrict the use of cell phones while driving and confiscate the phones from the drivers that they catch talking or texting. Cell phone use while driving kills more people than guns.

  36. Isn’t it simply a matter of petitioning to get our point across?I don’t understand the legal jargon,but I do know that my rights are being threatened And as a registered voter and born in the U.S.,I’ll be glad to sign a petition.”The web is full of deception,so be careful!” is what a real smart friend of mine told me.

  37. I agree that it is not constitutional for any government here to put any restrictions on firearms so i ask, if the supreme court supposedly back the constitution then why is it considered illegal to modify your own firearm into a fully automatic weapon. No tax or fine is true to the constitution or the intent of the men who wrote and supported it. That being said it is also unconstitutional to keep any free person from owning firearms or voting or anything in the constitution. It clearly states that ALL FREE CITIZENS are protected under the constitution and are entitled to the rights there of and that includes felons who have paid their debt to society and are free

  38. Great info. Lucky me I recently found your blog by accident (stumbleupon).
    I have saved it for later!

  39. I think some people are missing a very important point, that even if the state has laws forbidding certain types or requiring that we have more documentation for advanced weapons, these law are not legal and are unconstitutional in and of themselves. So talking about class 3 or whatever category doesn’t make any difference if the rule is unconstitutional.

  40. Also very correct in that the National Guard is NOT a state militia. One can be a member of both but only Governor can command the militia.

  41. If anything, by the oath that all government officials and employees take in upholding the Constitution, shouldn’t they, at MINIMUM, be impeached from their position? Never again to allowed to hold a government position for directly and purposely not keeping to their oath? As far as I am concerned be tried for treason for crimes against the citizens. I know if it were the other way around I sure would be.

  42. This post gives clear idea for the new users of blogging, that genuinely how to do blogging.

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