This was a response to a post on a blog I read regularly… I got “wordy” so I thought I would post it here as well.
We do not have a gun control issue, we have an education issue. The second amendment states, “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed” Period. SHALL NOT BE INFRINGED! What is it about words the grubberment has a problem with?
Well maybe it’s not the words but the jurisdiction under which they choose to enforce them…
I know – most people are scratching their heads right now and going huh? What do you mean jurisdiction?
What I mean is Congress has two different jurisdictions – Federal and Territorial and I want to know under which one do they think they can enforce Gun Control laws? Well I can tell you this; they will never answer the question. Why? If they do, they would let the cat out of the bag on every other grubberment scheme going. Bill Clinton ALMOST spilled the beans with that, “It depends on your definition of the word IS is” but the LAME stream media gave him a pass.
Federal jurisdiction is defined by the Constitution in Article 1 Section 8 Paragraphs 1 through 16. These are the areas where the Federal grubberment can legislate for the States of the union.
Territorial jurisdiction is also defined in the Constitution in Article 1 Section 8 Paragraph 17. There Congress is given the power to, “To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings.” Exclusive Legislation – in other words, any law they deem fit in order to run the areas where the States of the union have ceded jurisdiction…
So since CONgress will never admit which jurisdiction they are operating under, the answer does not need to come from CONgress directly. We can simply go to the Law and decide for ourselves under what jurisdiction CONgress expects the Law to be enforced by looking to the definitions outlined in the text.
Title 18 is where the current crop of gun control laws exists. If we go to title 18 and look to the definition of United States and State we find the following in Title 18, Part 1, Chapter 1 Section 5 – United States Defined: The term “United States”, as used in this title in a territorial sense, includes all places and waters, continental or insular, subject to the jurisdiction of the United States, except the Canal Zone.
So, Title 18 says United States is used in its TERRITORIAL sense… That ties it to Article 1 Section 8 Paragraph 17, and the last time I checked, I didn’t live in a “territory” or other place where CONgress can exercise exclusive legislative jurisdiction over me contrary to the rest of the Constitution.
We can even dig further and find the definition of State in Title 18 Part 1 Chapter 44 Section 921(a)(2) – Definitions: “…The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone). “
So here we have the direct evidence from the LAW that the United States and a State do NOT mean what we think they do in the context of Federal Firearms Laws. And if you take the time to dig, these definitions are sprinkled liberally (yes, pun intended) throughout Federal law. Most of Title 18 is territorial. The definition of United States is defined in Part 1 and unless it is specifically changed in a lower section, the initial definition is dominant. Motor vehicle and Income Taxes will also provide some interesting reading. (Hint – Health Care relies a LOT on Title 26. Go read through all the definitions outlined in there. I guarantee THAT will be an eye-opener. Why do you think Pelosi said it WAS Constitutional? Because it IS – it’s the JURISDICTION that’s important.) Just remember to have the aspirin handy – I guarantee you’ll get a headache going through it all. And that’s the point. They make it crazy to understand so you won’t bother. Once you give up and assume they are right – they have free reign to do as they want.
We the People must demand that our Federal grubberment define what jurisdiction by which they are proposing laws are enforced. If the Feds won’t answer, our local and State grubberments MUST demand a clarification – if THEY (local and State grubberments) don’t get an answer then it should be assumed that the proposed “law” is for enforcement in the territories only.
Let the Feds take the States to court. Once there, they MUST prove jurisdiction. (And the Commerce Clause won’t hold water once the real definitions of United States and State get exposed…) And I’d bet real money that we’ll never see this happen. The Feds would make some other compromise and their “secret” would be safe for a while longer…