By Tom Rhodes, 1/20/2013
Obama is going to again be frustrated by the Constitution. It’s clear he doesn’t respect or embrace the constitution famously sayin that he’s frustrated at not being " able to force Congress to implement every aspect of what I said in 2008. Well, you know, it turns out our Founders designed a system that makes it more difficult to bring about change than I would like sometimes." Not it seems that he has chosen to ignore the law, and the constitution.
At least in the letter to Licensed Federal Firearm Dealers (FFL holders), he only “encouraging” them to provide background check services for private gun sales and did not make it a requirement. There is a reason why this isn’t a requirement.
The law is clear, gun sales between private individuals must be handled by FFL holders ONLY if the private parties are residents of different states. Residents of the same state may conclude the sale of a firearm without submitting to a background check, having the sale recorded or paying a fee to a FFL holder/licensed gun store. The courts would be flooded and would overthrow making that a requirement because the private transactions between citizens of the same state is not interstate commerce, and is clearly beyond the power of the federal government. Score one for limited government.
Now the law is clear on the ATF or any Federal Government agency having records of gun sales and a database of guns and their owners. The McClure-Volkmer Act states:
No such rule or regulation prescribed [by the Attorney General] after the date of the enactment . . . may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or disposition be established.
What Obama is calling for is clearly illegal and beyond his executive powers.
Before Obama can legally implement many of his executive orders he must get congress to change the law. Even if States have firearm registration, the Federal government is prohibited from having copies of that data – period. He is ignoring both the law of the land and the Constitution.
You know why he’s getting away with what is clearly illegal and unconstitutional? Because he can. Those in congress in positions to thwart his illegal and unconstitutional acts have been removed from leadership positions by the GOP ruling elite. Obviously electing people to office to represent the will of the people is not longer an effective means to change government. What do we do now?
We’ve already answered that question. If Obama can ignore the law, so can We The People. Not only can we, we are. When was the last time you paid taxes on sales you made across state lines? You didn’t, you choose to ignore the law. If Obama succeeds in making it a legal requirement to register “assault weapons” and pay a tax for owning them, guess what, that law will be ignored and millions and millions of people will not comply, any more than we report income that the IRS doesn’t know about.
The next rebellion won’t be armed, it’s already happening, it will simply be the people ignoring the government and finding ways to get more out of the government that they pay to the government. The people will act like GE, and strangle the government by finding legal and illegal ways to starve the government. Because the government no longer honors the rule of law the people no longer have a moral compulsion to honor the governments laws.
Take performance exhausts on vehicles; it is illegal to remove the catalytic converter and install an exhaust system on a vehicle other than for “off road” purposes. Cars, motorcycles, trucks abound with high performance or no exhausts, the people simply ignore the law. So many ignore that law it is impossible to enforce. Imagine trying to enforce that law on the millions and millions of factory built Harley Davidson’s that have had their catalytic converter’s removed and carburetors modified with components designated for “off road” use only.
In Pennsylvania they use mere arrests, not convictions, as a means to deny people concealed carry permits – Why? Because they can’t get convictions from juries for non-violent drug crimes. They can and do clearly prove these crimes, but at least 1 in 12 jurors refuse to convict because they believe the law is bad. Most convictions for drug crimes in Philly happen when a person is bullied into confessing, those smart enough to go to a jury trial are not usually convicted; and as more people there have learned this, fewer and fewer of them plea bargain. This is jury nullification; where the people say government you’ve created laws that we don’t consent, and you govern at our consent, therefore we won’t convict. Half our adult population lives where they have access to a firearm there are somewhere over 100Million gun owners in the USA. Jury nullification for new Obama gun restrictions will be common.
Modern rebellion will not look like 1776, or the War Between the States. It will look more like the third world, where the government is treated with contempt, routinely ignored. But unlike the third world, the government doesn’t and won’t have a monopoly on force. As statists try to capture more and more control in the hands of fewer and fewer people, they will find that they don’t have the resources, nor will of the people to support them. Atlas will shrug, and the people will simply milk the government for what they can and ignore it wherever possible, and nullify it when they can. The feds are rapidly losing their control of the states over pot and it isn’t even a specified right, they certainly aren’t going to succeed in increasing control over the people by instituting what has been a historic precursor to disarming them, registering firearms.
When the government comes asking where the AR-15 I bought in 2012 that they traced down is, the answer will be I sold it for a huge profit in the madness following Sandy Hook, while I could still sell it without reporting the sale to the government. Retroactive laws are illegal, and the government will have to prove otherwise. That will be the refrain of millions and millions of people. Millions of AR-15’s will just disappear from government knowledge as everybody claims to have sold theirs but didn’t keep a record of who they sold it to. Non-compliance will be what the next rebellion looks like: Cheating on taxes to starve the government; refusing to answer all the questions in the Census long form; paying cash and bartering to avoid government tracking and taxes; staying on government programs while you have a cash paying job; the rebellion has started, statist in government are just too dumb to notice.