This New Gun Bill Is Unconstitutional In at Least 8 Different Ways

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Note from Daisy: It’s the Christmas season and that means it’s time for Washington, DC to try and sneak some draconian measures past us. James Wesley Rawles posted the following article on his website, Survival Blog, on Christmas Day, outlining how the new bill, the 3D Firearms Prohibitions Act, will infringe on our rights in at least 8 different ways. (And if you think this will ONLY affect those with a 3D printer, you’re quite mistaken.) We’re treading on dangerous territory that could end up in the type of gun confiscation that Selco described in this article.

A Manifoldly Unconstitutional Bill

by James Wesley Rawles

Originally Published at Survival Blog

I have a legislative alert for SurvivalBlog readers: H.R. 7115, the “3D Firearms Prohibitions Act” is on its face perhaps one of the most unconstitutional laws ever written. It is sponsored by Congressman Frank Pallone, Jr., Democrat, of New Jersey. It will most likely be reintroduced in the 116th Congress. This proposed law, introduced on November 2, 2018, is purported to ban 3D printed guns. But it is actually about milling (subtractive) technology rather than 3D printing (additive) technology. I have news for Mr. Pallone: All guns are “3D”, once they are off the drawing board!

Pallone’s bill goes far beyond milling machine processes. It would ban firearms parts kits, ban electronic publishing about 80% receivers offered for sale, require the owners of receiver blanks to beg the issuance of a serial number before then can be milled, and even retroactively bans unserialized receivers that have been made since 1968. It also arbitrarily sets a 90 day limit for number stamping/engraving and completion of the receiver. You can read the full text of the bill, here.

The summary preamble to H.R. 7115 reads: “To prohibit the sale, acquisition, distribution in commerce, or import into the United States of certain firearm receiver castings or blanks, assault weapon parts kits, and machinegun parts kits and the marketing or advertising of such castings or blanks and kits on any medium of electronic communications, to require homemade firearms to have serial numbers, and for other purposes.” But even a cursory reading of Pallone’s bill shows that it is blatantly unconstitutional, in many ways. Here are a few:

  • The proposed law violates the 1st Amendment by making it illegal to communicate to others about the availability of certain gun parts.
  • The proposed law violates the 2nd Amendment. If anything, battle rifles deserve the strongest protection of the 2nd Amendment, since those are the guns most suitable for use by the citizen militia. But Pallone’s law focuses on them and their component parts as a supposed “banned hazardous products”.
  • The proposed law violates the 4th Amendment because it eliminates the inherent privacy of citizens in assembling guns from parts of their own manufacture or that have no bearing on interstate commerce. It also violates our privacy by forcing us to beg for serial number assignments for already legally-possessed guns from Federal Firearms License holders.
  • The proposed law violates the 5th Amendment by requiring the owners of post-1968 unserialized privately-made guns (or receivers, or receiver blanks, or parts sets) to report themselves to Federal authorities, possibly incriminating themselves.
  • The proposed law also violates the 5th Amendment’s “Takings” clause, because it bans “certain firearm receiver castings or blanks, assault weapon parts kits, and machinegun parts kits” without leaving any viable  market. It is a ban without compensation.
  • The proposed law exceeds the mandate of the Commerce Clause (Article 1, Section 8, Clause 3 of the U.S. Constitution) by creating new over-reaching Federal authority on 50-year-old gun receivers and other gun parts that can date back more than 100 years. These parts clearly have long been out of Interstate Commerce and thus have no Federal nexus whatsoever. (That is private intrastate commerce.)
  • The proposed law violates the Ex Post Facto Law Clause by retroactively creating the crime of owning a post-1968 unserailized firearm receiver. This is a gross violation of Article I, Section 10, Clause 1, of the U.S. Constitution. That clause prohibits the enactment of ex post facto laws.
  • The proposed law is also void for vagueness. According the Cornell Law School web site, this is “a constitutional rule that requires criminal laws to state explicitly and definitely what conduct is punishable.  Criminal laws that violate this requirement are said to be void for vagueness.  Vagueness doctrine rests on the due process clauses of the Fifth and Fourteenth Amendments of the U.S. Constitution.  By requiring fair notice of what is punishable and what is not, vagueness doctrine also helps prevent arbitrary enforcement of the laws.”  In this instance the law bans “parts sets” without properly defining how many parts constitutes a “set”. The law is also horribly vague in that it does not define what percentage of completion constitutes a “receiver blank”.  It is 80%? It doesn’t say. Not does it define what percentage constitutes a completed “receiver”. Is that 81%? Or 90%? Or 99%? Or 100%?  Again, it is quite vaguely written.

All in all, this proposed law is grossly unconstitutional on several levels and in several respects.  Under the traditions and standards of American Jurisprudence, we are not bound to obey this law, and it cannot be enforced. (Lex Mala, Lex Nulla.) It is null and void, even before passage.

This bill will get a new number when it is re-introduced. Be forewarned that it may be slipped into a large legislative package, such as an omnibus funding bill. Please contact your Congesscritter and Senator to mention this particular legislation. While you are at it, remind them that “universal background checks” is a gun-grabbers’ code phrase for “banning private party sales.” Also, be sure to mention: I oppose any and all new gun laws and Red Flag laws!  – JWR

Note: Permission is granted for re-posting of this entire article, but only if done so in full, with proper attribution to James Wesley, Rawles and SurvivalBlog, and only if the included links are preserved.)

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17 Responses

  1. There has never been a government that banned it’s own ARMED FORCES from “Keeping and Bearing” ARMS.
    Find one government in the history of humanity that felt a need to document a “RIGHT” for it’s ARMED FORCES to possess ARMS.
    Oppressive Governments are ALWAYS banning the People’S RIGHTS to arms.
    The claim that the Founding Fathers wrote the 2nd Amendment to give Our ARMED FORCES a “right” to keep and carry ARMS is S-T-U-P-I-D.
    The only reason for the Second Amendment is to clearly spell-out the GOD GIVEN RIGHT of INDIVIDUALS to keep & bear ARMS.
    The only reason for the BILL(list) of RIGHTS was to codify INDIVIDUALS’ GOD GIVEN RIGHTS.
    Has there ever been a government that was not chock full of it’s “rights” up to and including declaring itself to be the Lord God Almighty?! (Rome, Egypt, Israel,etc)
    Does the 1st Amendment mean the GOVERNMENT is allowed to give speeches? Try shutting up any Politician. But THEY would LOVE to shut YOU up, hence the FIRST Amendment.
    Anyone who tells you the 2nd Amendment applies to the Army or State Militia, is telling you they think you are STUPID.
    There has NEVER been a government that felt it had to codify it’s army’s/soldier’s “RIGHT” to “Keep and BEAR ARMS” because there has NEVER been a government that refused to allow It’s own soldiers to KEEP and BEAR ARMS!
    The Second Amendment was written for the People, like the other 9 Amendments in the Bill of Rights. This was confirmed by the SCOTUS in the DC vs Heller decision, where they stated that the “People” in the Second Amendment were the same “People” that are mentioned in the First and Fourth Amendment.
    The 2nd Amendment clearly codifies the “right of the PEOPLE to keep and bear arms”, and certainly not “the Militia”.
    Why would “the Militia”, a type of army manned by citizen-soldiers as opposed to full-time “regulars”, need a constitutional amendment to guarantee they have the right “to keep and bear arms”?
    Is there any specific statement anywhere in the Constitution that the army Congress is empowered to raise has the “right to keep and bear arms”? Of course not. …………. That is assumed.

    the 2nd amendment,, specifies that the RIGHT to bear arms is the right of the people,, NOT the militia,,,, it is the people who will make up the militia,, but the right is not the right of a “well regulated militia” it is the right of the people, We the people were BORN WITH INALIENABLE RIGHTS, meaning they come from GOD.

    Your Rights do not come from the Constitution. Your Rights come from Our Creator, and the Constitution was written to SUPERVISE, REGULATE, and CONTROL government actors. As it relates to firearms, the Heller “decision” was completely unnecessary, and likely a smokescreen to make it APPEAR that the USG retained some rights to regulate some firearms. Check out the relevant part of US v. Cruikshank:
    “[The Right to Keep and Bear Arms] is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The second amendment declares that it shall not be infringed;… This is one of the amendments that has no other effect
    than to restrict the powers of the national government,…”.
    U.S. v. Cruikshank Et Al. 92 U.S. 542 (1875).
    Res adjudicata – “the thing has already been decided.”
    The 9th and 10th Amendments help make it ABUNDANTLY clear to even the DENSEST of intellects that we truly have NO “Constitutional rights.” What we have(at the risk of being redundant) is Constitutionally-SECURED rights, but these rights are ONLY as secure as:
    a) the honor and integrity of those taking the oath, and
    b) the ability of the People to COMPEL obedience on pain of perjury charges and removal from office.

    https://resistancetononsense.wordpress.com/2018/06/29/our-preexisting-irrevolkable-right-of-self-defense/

    The intention of the Founders and Framers was to keep our God-given rights secure by REQUIRING those who seek office to take the oath as an immutable predicate to taking office, meaning it is binding on THEM – not on US.

    Of course, most of the power brokers wish to keep us ignorant of our Rights and our Power. If possible, i highly recommend Thomas Paine’s “The Rights of Man,” which should help to educate Americans and illustrate to them the difference between Natural Rights, and what the 14th (never properly ratified, btw) wishes to change that to: “privileges and immunities.”

    It is implicit in the nature of all kinds of armies —- be they militia or regulars, volunteer, conscripted, or mercenary — to be armed.
    They are all “armed forces”.
    They all “bear arms”.
    They all carry guns.
    That is what they do.
    It certainly no more requires an amendment to the Constitution to state that “the Militia” has the RKBA , than a specific statement that the army Congress is empowered to raise may be manned by armed troops.

    Governments don’t have to document their “right” to bear arms, that is what governments ARE, they are naked force, George Washington said as much. Saying governments have a right to guns is like saying cars have a right to have wheels…

    “The [U.S.] Constitution is a limitation on the government, not on private individuals … it does not prescribe the conduct of private individuals, only the conduct of the government … it is not a charter for government power, but a charter of the citizen’s protection against the government.” Ayn Rand

  2. We need a new law that punishes politicians who vote for a law that is unconstitutional. Any politician who votes for a law that is determined to be unconstitutional would be stripped of his or her office and lose all rights and privileges (including federal retirement) and banned from ever holding ANY public office of trust anywhere in the United States.

    With such a law, our politicians would be more circumspect in their voting and would do research on these types of laws. Right now they just “feel like it’s a good idea” and vote for it and if it passes muster, fine and if it doesn’t, change a few words and vote for it again with no threat of punishment.

    1. Amen. They swore an oath to uphold the Constitution. If they fail to do that they are not fit to hold office and should be considered a subversive or worse; a traitor.

    2. There already is a law. We do not need any new laws, we need to see to it the Supreme law of the land is upheld. The people of this country need to educate themselves and stop choosing to be ignorant and apathetic. This is why communism has almost completely taken over our country. Our public servants are not allowed to think or have opinions. Their job description and limited authority and jurisdiction is clearly written out in our founding documents.
      All public officers, federal and state, and virtually all government employees, have taken oaths to support and defend the Constitution(s) and are required by law to abide by their oaths in the performance of their official duties. There is no discretion for any oath taker, to oppose, violate and perjure their oath. No oath taker, has the constitutional–or any other form of valid authority–to oppose the very document(s) to which they swore or affirmed their oath. Their oath is a binding contract to the people of the several states.
      Pursuant to rights secured in the Constitution(s) and due process of law, American Citizens, can EXPECT their public officers to abide by their oaths in the performance of their official duties. This is a constitutional guarantee to the people. When public officers do not abide by their oaths, step outside the lawful scope of their LIMITED duties and authority, delegated to them by the people through the Constitution(s), violate their oaths, the Constitution(s), the people’s secured rights and due process of law, then, the self-executing Sections 3 and 4 of the 14th Amendment to the National Constitution provide specific remedy for the people.
      Anytime public servants violate Rights guaranteed to Citizens in the Constitutions, they act outside the scope of their limited delegated duties and authority, thus, by their own actions, invoke the self-executing Sections 3 and 4 of the 14th Amendment; thereby vacate their offices and forfeit all benefits thereof, including salaries and pensions. They are accountable and liable to the People for their unconstitutional actions and failures, and the People have the authority to hold them fully responsible and liable for your unlawful actions.
      Freedom is not free, and liberty requires eternal vigilance,intelligent lawful action, responsibility and courage. Americans have gotten the government they deserve, they have failed themselves and their children by participating in public schools, unlawful taxation, traffic court which is administrative law and American citizens are not subject to, etc.

  3. New Jersey, one of the sorriest states in the union.It seems that some of the dumbest Government people in the swamp come from there.The stupidest thing was the 10 round mag. would stop crazed shooters now this dip s#*t comes up with this, I can’t understand how we Americans are putting up with these commies making laws that will get people killed and start a civil war that will most likely get themselves done in.

    1. The word is that the at Parkland used 10 round mags.
      So much for their stupid law.
      After all, how long does it take to swap mags?

  4. THE “DICK ACT OF 1902” covers everything,sadly americans are the worse cowards on earth,OR they would realize CRIME is only out there because the POLICE GANGS are part of it,top ,to bottom….get rid of them,and very soon america would be crime free again….AND THESE COMMIE LAWS would be something everyone would laugh at,because they would know the writer was going to be HANGED shortly…..

  5. Laws are essential to maintain peace and order. With unconstitutional bill, there are many complications that might cascade in a nation or place. I think it must be re-introduced.

  6. Daisy, thanks for reposting this article. Every one needs to see this and what is happening to our (former) republic.
    .
    For those who haven’t, check out survivalblog. Much good info there.

  7. All these phony liars are communist. All you have to tell them it is the right in the 2nd Amendment for the citizens to bear arms and not be infringed.

    Yes, we can have bear arms. Big HAIRY bear arms. And this bear can shoot back.

    This bull, er bill will infringe on that right and tell the communist they are illegal to be up there in the first place and we graciously let you be up there with your BULL.

    So, if you keep pushing this on US we will terminate you. You are paid well to do dirty sh it on US. So best you just keep your mouth shut and feet moving to make it look like your working.

    Or they’ll find you asleep and drag you out by the feet and DUMP ya.

  8. To be fair, i am sure most of the would be politicians had the intention to be a force for good and its people until they get in and get one of those special meetings like Obama received from president Bush on that infamous 20 min sit down when it was said left Obama in tears. These people are shown a true and real threat to their lives and family if they don’t go along with the program. Even the most strong willed politician will crack after maybe seeing a knife being held on their child while supposingly safe in sound asleep in their beds. THAT secret criminal element needs to be delt with first and not any new laws or is some cases threats to be kicked out of office/jail time…gee what would you choose? A possible prison sentence from the public? Or the devil you now know making some pretty sick and ingenious ideas on the torture or you and your family or at the very least a set up blackmail operation to keep you in line. So please stop blaming the ones in office and start looking for the puppetmasters…we need a force for good with good funding and willing to cross into that grey area in the name if getting things cleaned up starting with the most rich players in the world. They are the ones that know who are secretly running things and you will never see these people on TV or in the paper. They are the invisible ultra rich behind the scene players. Sometimes saddly when you try loving tactics again and again and again and see no improvement, its time to create your own nightmare group and TEMPORARILY fight evil with evil…

  9. Here’s how it’s done.

    “How government justifies treating you as a subject and extorting you and what you can do about it.”

    Highlights:

    -Authority for all bona fide legislative, executive, and judicial power: the Constitution.
    Notwithstanding the degree of deceit and treachery of Congress, who, as evidenced by their legislative history, are kept whores of the private Federal Reserve, and before that its parent bank, the private Bank of England, what will be hardest to understand for most people is that (a) the so-called U.S. Government is not the one implemented by the Constitution March 4, 1789, but the one incorporated by Congress February 21, 1871—the District of Columbia, a municipal corporation, and (b) with the exception of the president (explained in footnote 17, infra), all officers, employees, and elected officials of the “United States” are the personnel of said municipal corporation.
    This is easily proved.

    -With the exception of the president, the congressionally mandated oath of office of every other individual who purports to hold an “Office or public Trust under the United States,” Constitution, Art. VI, § 3, requires a religious test—“So help me God”—as a qualification thereto and thereby automatically debars every individual taking such oath from holding any such office or public trust or exercising any form of power under the Constitution.”

    -By deliberately installing a religious test in the oath of office of every prospective legislative, executive, and judicial officer, Congress have ensured that none holds a constitutional “Office or public Trust under the United States” (Constitution, Art. VI, § 3) or is authorized to exercise “legislative Powers” (id. at Art. I, § 1), “The executive Power” (id. at Art. II, § 1), or “The judicial Power of the United States” (id. at Art. III, § 1), respectively, anywhere in the Union. No legislative, executive, or judicial officer of the United States (except the president) can or will cite any provision of the Constitution that gives him authority to do anything he does anywhere in the Union—because it does not exist.”

    More-
    https://supremecourtcase.files.wordpress.com/2018/07/how-government-justifies-treating-you-as-a-subject-and-extorting-you-and-what-you-can-do-about-it.pdf

  10. Recently New Jersey passed a series of proposals on guns in the state.

    The statewide proposals — all sponsored by Democrats — include reducing the number of rounds allowed in a magazine from 15 to 10, banning armor-piercing bullets, strictly defining that residents must show a “justifiable need” to obtain a permit to carry a handgun, expanding background checks for private gun sales, and making it easier to seize weapons from people deemed to pose a threat to themselves or others.

    However, here’s what the gun owners of New Jersey have done, over 1,000,000 of them.

    http://www.ammoland.com › Gun Rights News

    But in an act of mass definace, New Jersey residents refuse to comply. Any magazine holding more than ten rounds is now illegal in the Garden State. The standard magazine for an AR-15 holds 30 rounds.

    New Jersey has raised the flag. Any new law from Congress cutting into our rights to own, carry or sell guns in my opinion will be unconstitutional and I will simply not comply.

    Molon Labe!!!! Let Civil War 2 begin.

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