I wrote the following letter to my state representative. I’ll share the response with you when it arrives, and will let you know if it doesn’t.
I’m writing you today concerning a point of Constitutional law I recently uncovered that appears to put much of Colorado’s licensing efforts in a dim light. In particular, I’m licensed by the El Paso County Sheriff’s Office to carry a concealed handgun, and fully understand all the privileges and restrictions associated with that permit. However, I’m also a student of both the words and wisdom of our Founding Fathers, and know full well they never intended any right be reduced to a privilege or subject to license.
I recently came across two U.S. Supreme Court decisions along these lines and wanted to run them by you:
“No state shall convert a liberty into a license, and charge a fee therefore.” (Murdock v. Pennsylvania, 319 U.S. 105)
“If the State converts a right (liberty) into a privilege, the citizen can ignore the license and fee and engage in the right (liberty) with impunity.” (Shuttlesworth v. City of Birmingham, Alabama, 373 U.S. 262)
Here’s our Founding Father’s take on the issue: “…the right to keep and bear arms shall not be infringed.” (Second Amendment to the U.S. Constitution) That seems abundantly clear to me.
Here’s my take on the issue: All concealed carry “permits” are licenses of a right (liberty). The U.S. Supreme Court has ruled in Murdock v. Pennsylvania, 319 U.S. 105 (1943) that such licenses are illegal. Furthermore, the U.S. Supreme Court has ruled in Shuttlesworth v. City of Birmingham, 373 U.S. 262 (1963) that citizens “can ignore the license and fee and engage in the right (liberty) with impunity.” Combined with fact that the Second Amendment clearly states the act of keeping and bearing arms is a right seems to withdraw all wiggle room for law enforcement to behave otherwise, unless the legal examiner or legislator ignores either the Constitution or the U.S. Supreme Court decision.
Thus, my question to you: Which States are willing to stand by the U.S. Constitution and the U.S. Supreme Court decisions which support it? More specifically, when will Colorado stop violating the U.S. Constitution and these U.S. Supreme Court decisions and instead correctly join with the ranks of those states who have passed “Constitutional Carry” laws?
As of July 1, 2015, Alaska, Arizona, Arkansas, Kansas, Vermont and Wyoming are considered constitutional carry states. In Wyoming’s case, permitless carry is for residents only; non-residents must have a permit to carry a concealed handgun in that state. Maine will join the list in October 2015.
If I’m not mistaken, these decisions by the U.S. Supreme Court cover the much large issue of licensing efforts in general. What other Constitutionally-guaranteed rights are illegally treated as “privileges” under Colorado law? What steps will you take to restore Colorado law to a more lawful basis commensurate with “the supreme Law of the Land?” (Article VI, U.S. Constitution)
Addendum: Our Founding Fathers had GOOD REASON to ensure that our Second Amendment was ratified WITHOUT RESTRICTION. In fact, as it stands, it specifically PROHIBITS ANY AND ALL restrictions: “…the right of the people to keep and bear arms SHALL NOT BE INFRINGED.”
Second Amendment – NO RESTRICTIONS!
Why? Because it says so. That’s why. Out.
What the hell is wrong with these people???
STOP BLAMING OTHERS. It doesn’t matter WHAT other people say about you. You’re not in third grade any more, Juanito. Grow up!
You live in the United States of America, Juan Williams, a nation of FREEDOM, particularly freedom of speech, where We the People remain free to discuss, deride, and even condemn pretty much everything under the Sun.
Think of it as quality improvement. By getting the word out about lying, murderous lunatics like the two knuckleheads who got THEMSELVES killed, it is our most sincere hope that more Americans will begin carrying arms, as is their Constitutional right, in order to deter violent behavior if possible, and defend themselves against the developing storm of lunatics who are not deterred.
If you believe this is somehow Pamela Geller’s fault, Juan, you haven’t been listening to what she has said. YOU are one of those lunatics. YOU are to blame for perpetuating this nonsense, at least in part, by encouraging them to take violent action in response to something as petty as an offense. YOU are to blame for having such incredibly thin skin while encouraging others to have similarly thin skin.
YOU need to take responsibility for your own words, and how they may have emboldened someone to the point where they were willing to use deadly force to combat the unspeakable horror of a simple CARTOON.
In closing, I would like to say this, as I’ve said it often: The First Amendment protects the Second, and the Second Amendment protects the First.
Here’s a short, two-minute clip which is reasonably indicative of Obama’s entire speech:
Note the accusatory glares, filled with disgust, of both Biden and Boehner after he claims, “I have prohibited torture.”
Note the stony glares of the Joint Chiefs of Staff, those men who are responsible for prosecuting wars and military actions as directed by civilian leaders, but who are also responsible for the lives and safety of the men and women they send into combat or hostile fire areas, when Obama says, “It’s time to close Gitmo.” They, along with the American people, if not people all over the world, know full well that numerous recent terrorist attacks were committed at the hands of some of the Islamic terrorists Obama recently released, not “transferred,” from Gitmo.
Incredibly, Obama makes many other patently false claims in just a little over two minutes:
1. “As Americans, we…” Simply including himself as an American is a lie. He was born in Kenya, as he as let slip many times over the last seven years. He was raised in Indonesia, where he was indoctrinated into Islam and where he learned perfect
2. “I have prohibited torture.” Torture was first outlawed on a global scale by the Treaty of Versailles in 1919, forty-three years before Obama was even born. The U.S. was party to it, as were twenty-seven other countries. We’ve been party to every widespread prohibition against torture ever since.
3. “I have worked to make sure our use of new technology like drones is properly constrained.” This is pure bullshit. He horrendously abused the drone strike option, killing thousands of innocent women and children, because he committed the same mistake as did White House officials during Vietnam: He tried prosecuting the war from the White House. That has never worked. If Obama were actually American, he might have learned that from his history books as I did.
4. “We speak out against the deplorable anti-Semitism that has resurfaced in certain parts of the world.” Since the reformation of Israel in 1947, Obama is the ONLY President who has utterly, overtly, and vehemently refused to support Israel in any fashion whatsoever. Talk about “anti-Semitism…” Sheesh!
5. “We continue to reject offensive stereotypes of Muslims…” And do we continue to reject offensive stereotypes of Christians? Whites? American patriots? Members of our Armed Forces? Sorry, Obama, but you failed on all counts of rejecting offensive stereotype except two: Blacks and Muslims.
6. “The vast majority of Muslims share our commitment to peace.” Wrong. Incontrovertible evidence that upwards of two-thirds of all Muslims supported the 9/11 attacks against the World Trade Center and the Pentagon, the Charlie Hebdo attack in France, the beheading of reporters by the Islamic State, and the countless other attacks by Islam against every category of humanity on the planet.
7. “We defend free speech.” As recently as last week, Obama attempted to slam the lid on any dissent towards his policies or Islam in general.
8. “We condemn the persecution of women.” Really? By supporting Islam, the most flagrant degrader of women on the planet? Obama claims he gave up smoking, but he’s clearly still smoking something, and it’s not tobacco.
9. “We condemn … not only because they are the right thing to do, but because they will make us safer.” As leaders far wiser than Obama have made abundantly clear, “You can have freedom or you can have security. Don’t ever count on having both.” Being “safe” is a false flag. It’s a lure to a trap of bondage wherein we are beholden to our government for “protecting” us. Time to grow up, America. Leave the crib. Get a job. Learn how to honorably support and defend the Constitution of the United States while protecting yourselves and your family against those who would deprive you of life, limb, or property, especially when it’s your own government who is attempting to do so.
10. “It makes no sense to spend $3 million per prisoner to keep open a prison that the world condemns and terrorists use to recruit.” The Islamic world condemns it. Our broad list of allies do not. Furthermore, they use use it to recruit all the want, but it amounts to absolutely nothing, until you start letting them go. Obama let some of the prisoners go, and now he wants to let the rest go, knowing they’ve been recruited. That’s what makes no sense.
11. “Our intelligence agencies have worked hard with the recommendations of privacy acts to increase transparency and build more safeguards against potential abuse.” Bullshit. Respecting our Constitution and its Amendments while severely punishing those who violate “the supreme Law of the Land” is the right way, the only way to guard against potential abuse. We should begin with Obama himself, who willfully turned blind eyes to the privacy-violating antics of the IRS and NSA in recent years.
Obama’s abuse of the State of the Union is heinous. He lies, flagrantly, promises the Moon and stars, and delivers nothing while stumping for personal gain of himself and his close network of co-conspirators.
The State of the Union is mandated by our Constitution, specifically, Article II, Section 3: “He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient.” It is not to be abused as a platform to further the political agenda, one’s party, or one’s personal religious beliefs. Yet that’s precisely how Obama has been abusing it for the last five years.
If the next President of the United States of America says in January of 2017, “I am not here to abuse this venue with political grandstanding, but to give you information on the State of the Union and measures for your consideration,” those words wound be met with five full minutes of a thunderous and standing ovation.
Regardless of your station in life, if you encounter something which is un-Constitutional, just say, “NO.” It’s the absolute best thing you can do for your country!
If it’s un-Constitutional, just say, “NO.” After all the Constitution is “the supreme Law of the Land.” Any federal, state, county, or municipal law which violates the Constitution is null and void.
If it’s un-Constitutional, just say, “NO.” The U.S. Supreme Court has already ruled that no citizen is under any obligation to follow any law which violates the Constitution. In fact, you have a duty to oppose it any way you can.
If it’s un-Constitutional, just say, “NO.” Each and every civil, military, and law enforcement officer throughout the land has a sworn duty to “support and defend the Constitution against all enemies foreign and domestic.” That duty is higher than all other duties. If a law is un-Constitutional, you not only have the option to ignore it. You have a duty to ignore it. You have the duty to refuse to enforce it, even under direct orders to the contrary. That’s WHY you swore your oath of office, so that you would be one of the many checks against tyranny in our country.
We the People remain free only because we’ve stood firm against tyranny, countering attempts to control us in violation of our Constitutional rights. Our Founding Fathers were wise enough to incorporate many checks and balances against tyranny throughout our society, above and beyond the tricameral system at the top.
Here’s an example: Let’s say Congress passes a blatantly un-Constitutional law, the President signs it, and the Supreme Court claims it’s Constitutional, even though We the People clearly see right through their tyrannical hijinks.
What can we do?
First, if you’re a citizen, refuse to follow it. The Supreme Court has already ruled you’re under no obligation to follow it.
Second, if you’re a law enforcement officers, refuse to enforce it. In fact, it’s your sworn duty to refuse any action which violates the Constitution.
Third, if you’re a voter, change your vote to someone other than whoever passed and signed that law. Better yet, find someone who will overturn it.
Forth, educate others. Share this message of hope and freedom with others!
Fifth, if the bastards refuse to follow the rules, if they attempt to take tyrannical, unlawful, un-Constitutional control of our government, move in and move them out. While all defeated incumbents should have the grace to vacate their office, we might come upon a time when they won’t, at least not without a little encouragement.
Above all else, remember: This is OUR country. Our government works for us, not the other way around. We remain a nation of the people, by the people, and for the people.
It’s high time we started acting like it.