The Second Amendment to the Constitution of the United States, part of what is known as the Bill of Rights as an attachment to the aforementioned document, reads:
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.
A simple paragraph and to the point, but seemingly hard to grasp for some people while others refuse to understand it and wish it would disappear.
The Tenth Amendment to the Constitution of the United States, part of what is known as the Bill of Rights as an attachment to the aforementioned document, reads:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Once again, a simple paragraph in plain language, but seemingly misunderstood by many and ignored by those we elect in office and those appointed as state and federal judges and justices to abide by these rules, protect them, use as a guideline in legislation and importantly – enforce them. It also empowers the states so that federal government can remain limited and attend to its own business and authorized powers.
But what do they mean and how does it apply to the citizens of the United States of America?
First, let it be known that American citizens are not required to own and keep firearms, therefore if they choose not to have any firearms in their homes or personal possession – this too is their right. But they cannot abridge or transgress against the rights of others to enact the guaranteed rights of others to own, keep and/or carry firearms if they choose to do so. Other issues come into play here, like the rights of homosexuals, but they and those in government ignore the rights of others. Passing hate crime laws that make no sense since laws against defamation of character already addresses those issues and crimes of violence are not prosecuted by thoughts of a person but physical action, and which will encroach upon rights of others and lead to further abuse, like those religions who believe that homosexuality is against God’s law and the natural laws of humanity or nature itself, as well as encouragement open to abuse, progressing from hate crime laws to hate speech laws and the Orwellian hate thought law; legislators, judges, justices and politicians increasingly ignoring the US Constitution and its Bill of Rights.
Atheists who make up less than 1% or 2% of the population are being pampered by our judicial system and the sacred halls of the US Supreme Court, as well as politicians who listen more to special interest groups than the American people, in their endeavor to remove from public eye all references to God and the Judeo-Christian laws called the Ten Commandments; yet say or do nothing about other religions, specifically Islam and Muslims flaunting in public their ideas of religion; and worse, those that follow the Islamic Fascist movement of ideology based upon violence and subjugation of other religions.
The Tenth Amendment has been included here because it pertains to the articles of the Constitution of the United States and its amendments which the drafters designed to arrange that all states of the Union will abide by and yet leaving them room to add to or embellish upon for circumstances and reasons that pertain to that particular state government and its people. Simply, the Tenth Amendment states that all states of the Union must abide by the articles and amendments of the Constitution of the United States. Which also means that state governments can, concerning the 2nd Amendment that governs firearm laws, include a requirement that citizens and people residing in the United States in order to carry in open or concealed be required to obtain a permit which has established a background check of the person in order to determine if a person should own and/or carry a firearm either open or concealed legally. In addition to the permit and requirements of obtaining one, the state government can also state that the person who applies for the aforementioned permit must pass a firearm safety course in order to receive one – like some states require this for obtaining a hunting license. Governments, state and federal can also require that persons under treatment and/or care of institutionalized mental health programs presently or in the past for psychiatric problems or mental illness – cannot purchase, own, or possess a firearm legally. Further, people with permits to carry concealed and the 2nd Amendment right to carry (openly) can be prohibitive in public places that serve alcohol and government buildings or include a clause in those laws for permits to carry concealed weapons that it is prohibitive to carry, openly or concealed, a firearm to public gatherings or rallies and private businesses have the right to post a sign and forbidding to their customers and employees that firearms are not to be carried into their privately owned buildings – unless they are law enforcement officers or state/federal militia. But state governments CANNOT take away a lawful citizen’s rights protected under the Second Amendment.
In addition, state and federal governments can prohibit anyone who has been convicted of a federal crime to not be allowed to own, possess or use a firearm, for in the eyes of the federal government; felons have been punished by taking away their privileges guaranteed to lawful citizens.
All the aforementioned stipulations are logic and based upon common sense.
And, if so, and it does, my question has been (and unanswered by legislators and anyone asked) is how can any state that is part of the United States prohibit or nullify the 2ndAmendment to the Constitution of the United States of America?
Forbidding anyone, except criminals and mentally ill people, from exercising their rights under the 2nd Amendment is not acceptable – just as violation of any articles and amendments to the US Constitution is not acceptable.
Firearm Laws of 50 States
A Wikipedia entry breaks down the firearm laws in the 50 states. I will just address the laws and issues concerning firearms and the 2nd Amendment to the US Constitution concerning the Wisconsin state government and its laws presently on the books.
First, it might interest you to know that there are over 20,000 gun control laws presently on the books that includes federal and the fifty states. [I]
Before I begin with Wisconsin firearm laws and state government transgressions of the 2nd Amendment, let me point out the laws of Virginia, the home state of Thomas Jefferson, Founding Father of our country and its Constitution. The state of Virginia’s firearm laws should be a role model for all states of the Union.
In the state of Virginia, the right to keep and bear arms is protected by the Constitution of Virginia, which reads in supplement to Amendment II of the Constitution of the United States:
That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.
The discharge of firearms, for example, no firearm will be fired within a given amount of measurement, feet or meters, within a roadway, building or farm/ranch.
The transportation of a loaded rifle or shotgun – some require that the shotgun or rifle being transported in a vehicle be unloaded.
Fingerprinting for concealed handgun permits, though fingerprints may not be kept and must be destroyed or returned to the applicant following the background check.
The governing body of any county may require sellers of pistols and revolvers to furnish the clerk of the circuit court of the county, within ten days after sale of any such weapon, with the name and address of the purchaser, the date of purchase, and the number, make and caliber of the weapon sold.
The use of pneumatic guns. (air guns)
The following firearms are prohibited in Virginia:
- Sawed-off shotgun or sawed-off rifle (18-inches for smooth bore barrel and 16-inches for rifled barrel minimums).
- Striker 12, aka ‘streetsweeper’, or any semi-automatic folding stock shotgun of like kind with a spring tension drum magazine capable of holding twelve shotgun shells.
- NFA34 weapons are allowed under Virginia state law but machine guns must be registered with the Virginia State Police.
Firearms are prohibited from the following places:
□ Places of worship, without good and sufficient reason.
□ any courthouse.
□ An air carrier airport terminal.
□ Loaded firearms that hold more than 20 rounds, or a shotgun that holds more than 7 shells, on any public street, road, alley, sidewalk, public right-of-way, or any public park or any other place whatever nature that is open to the public in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William.
□ The property of any public, private or religious elementary, middle or high school, including buildings and grounds; that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place; or any school bus owned or operated by any such school. Although a person with a Concealed Handgun Permit is allowed to have their weapon with them on school property so long as they remain inside a vehicle. Should they exit the vehicle, the firearm must remain inside the vehicle while on school property.
□ Concealed handguns are prohibited from any restaurant or club that is licensed to sell alcohol for on-premises consumption. Openly carried handguns are permitted in such places.
□ Private property where prohibited by the owner.
The following persons are prohibited from possessing a firearm in Virginia:
□ …acquitted by reason of insanity.
□ …adjudicated legally incompetent, mentally incapacitated.
□ …involuntarily admitted to a facility or ordered to mandatory outpatient treatment.
□ …subject to protective orders.
□ …convicted of certain drug offenses; for a period of five years.
□ …who have been convicted of a felony, kidnapping, and robbery by the threat or presentation of firearms, or rape.
□ …not a citizen of the United States or who is not a person lawfully admitted for permanent residence.
□ …under the age of 18; while outside of his home or property without parental permission and adult supervision. A child over the age of 12 may use a firearm while unsupervised, in a place they have been granted permission by the property owner, if the child has been authorized by a parent, guardian, or a person twenty-one years or over is to supervise the child in the use of a firearm.
Virginia shall issue a Concealed Handgun Permit (CHP) to any qualified person, 21 years of age or older who applies in writing to the clerk of the circuit court of the county or city in which he resides. Virginia also issues non-resident permits to qualifying individuals. The permit may cost no more than $50 for residents, and $100 for non-residents. The permit is valid for five years, but can be revoked for unlawful activities. The CHP does not permit the carrying of any concealed weapons enumerated in § 18.2-308 except a handgun. A CHP holder may not carry a concealed weapon into a restaurant or club licensed to serve alcohol for on-premises consumption. A CHP holder, while carrying a concealed handgun, may not be under the influence of alcohol or illegal drugs. A conviction of driving while intoxicated [§ 18.2-266] or public intoxication [§ 18.2-388] are examples of prima facie evidence that the person is “under the influence.” Virginia maintains concealed handgun permit reciprocity with other States and recognizes some licenses from other States without a formal reciprocity agreement. The list of such states is maintained by the Virginia State Police.
The following persons are prohibited from applying for a concealed handgun permit:
□ Any prohibited person enumerated above.
□ Persons under the age of 21.
□ An individual who has been convicted of two or more misdemeanors within the five-year period immediately preceding the application, if one of the misdemeanors was a Class 1 misdemeanor.
□ An individual who has been convicted of any assault, assault and battery, sexual battery, discharging a firearm in violation of § 18.2-280 or 18.2-286.1 or brandishing of a firearm in violation of § 18.2-282 within the three-year period immediately preceding the application.
□ An individual who has been convicted of stalking.
□ An individual who has received mental health treatment or substance abuse treatment in a residential setting within five years prior to the date of his application for a concealed handgun permit.
□ An individual who is addicted to, or is an unlawful user or distributor of, marijuana or any controlled substance.
Virginia Concealed Handgun Permit (CHP) holders’ exemptions:
□ One handgun a month law.
□ Carrying a semi-automatic center-fire rifle or pistol loaded with 20 rounds or more in certain, prohibited, public areas.
□ Gun Free School Zones act, CHP holders are allowed to have guns on school grounds in their personal vehicles as long as they stay in the car and the gun remains concealed.
□ General College Carry Restrictions.
□ Ban regarding firearms in VA General Assembly.
□ Ban of firearms from State parks.
Purchasing of Firearms:
□ A person may not sell or otherwise furnish firearms to any person he knows is prohibited from possessing or transporting a firearm pursuant to § 18.2-308.1, 18.2-308.2, subsection B of § 18.2-308.2:01, or § 18.2-308.7.
□ One handgun per 30-day period.
o With an enhanced background check.
o Law enforcement, security companies.
o A person whose handgun has been lost or stolen.
o When a handgun is traded in at the same time as one is purchased.
o A person who holds a valid CHP.
o A person conducting private purchases.
□ Legal when the firearm is not hidden from common observation.
□ The minimum age to Open Carry (OC) is 18.
□ It is more common in rural areas of Virginia.
□ It is uncommon in urban areas, but not unheard of nor illegal.
o Local law enforcement in some areas have been known to stop and question individuals openly carrying firearms.
□ It is legal to openly carry in a vehicle.
□ Since concealed carry is prohibited in restaurants and clubs that serve alcohol, it is common for someone carrying a concealed firearm to tuck their shirt behind the butt of their handgun when they enter the premises. This is known as the Virginia Tuck.
As you can see, Virginia has common sense gun laws that should be adopted by other states, but unfortunately this isn’t so – and clearly something that the US Supreme Court should address to the state legislators and make a decision against any laws or state constitutions that countermand the Constitution of the United States and its Bill of Rights of amendments.
Wisconsin State Government and its Transgression against the 2nd Amendment to the Constitution of theUnited States
The government, those elected by Wisconsin voters, of the State of Wisconsin views US constitutional law differently, for whatever reason, and unlawfully counters against the Second Amendment to the Constitution of the United States. [IV]
In 1998 a Wisconsin constitutional provision was enacted that guarantees the right to keep and bear arms in Wisconsin. Yet, legislators allowed Governor Jim Doyle to veto a bill that would allow open and concealed permission to lawful citizens. There were not enough votes to counter the Doyle veto. The state appellate courts and Supreme Court has done nothing, the state legislation did no follow up, and the US Supreme Court did not interject and rule that the state of Wisconsin was in violation of the Second Amendment to the Constitution of the United States.
Background checks are required for all firearm purchases in accordance with federal laws that were made through federally licensed dealers and a 48-hour waiting period before handgun sales may be completed. Despite the new instant check system, a person purchasing a firearm must wait two days before taking their firearm home after purchase. Originally, federal law required background checks in order to determine if a person was previously convicted of a federal crime or a crime of violence in any state of the Union and/or presently undergoing psychiatric treatment or ever being institutionalized for mental illness or drug abuse. As what always happens with government, the original reason for the background checks coupled with a waiting time was to wait for the result of the background check before a licensed dealer could turn over a firearm purchased to the customer. With instant background check systems today, this originally necessary procedure became null and void.
But the Wisconsin firearm law states that in addition to the background check there will be a 48-hour waiting period for handgun purchases, but not for rifles or shotguns. Personally, I don’t mind waiting two days before I take a purchased firearm, handgun or otherwise, but it is a waste of fuel to have to go twice. In other words, gun control laws do nothing except create a hassle for law abiding, good citizens – and absolutely nothing to prevent firearm crimes. Most firearm related crimes are committed by those who care nothing for law, thus the reason they are called criminals, and do not purchase their firearms from licensed dealers or from anyone that will trace ownership back to them. Common sense tells us that this is not logical, and 98% of the firearm control laws on the books are not logical, but just a means to further encroach upon the Second Amendment rights with the agenda to eventually do away with the Second Amendment all together.
In Wisconsin, thanks to Governor Jim Doyle and the anti-Constitution legislators in Congress, concealed weapons are prohibited. Only police officers may carry concealed firearms. [V] The hopes that Wisconsin residents could exercise their Second Amendment rights was dashed. The quest to change this continues, as well as in the US Congress in federal legislation allowing all citizens in every state to exercise their Second Amendment rights.
Only six states ban the carrying of concealed firearms and open carry rights: Illinois, Kansas, Nebraska, New Mexico, Ohio, and Wisconsin. 44 states allow concealed handguns with license or permit. Specific restrictions of these permits are enumerated by individual state laws. Also, a congressional bill that would allow permit holders of concealed firearms to cross state lines also failed. The 2nd Amendment is the law of the land – not for states to counteract against.
Carrying Firearms in Public or Open Carry:
Wisconsin law does not specifically prohibit the open carrying of loaded or unloaded firearms in public, but a person doing so may risk being arrested and charged with disorderly conduct, on the grounds that the display threatens the public peace or safety.
Firearms are prohibited in public buildings, taverns, restaurants that serve alcoholic beverages consumed on premises, and:
…no one may place, possess, or transport a firearm in a motor vehicle, motorboat, or aircraft unless the firearm is unloaded and in a carrying case. Loading or discharging a firearm in or from a vehicle is also prohibited [ss. 167.31 (2) (a) and (b), and (3) (a)].
Here is what the Wisconsin state government claims after posting the text of the Second Amendment to the US Constitution:
There is considerable debate over the meaning of this language. Some contend that it grants private citizens the right to own guns, while others believe that it should be construed more narrowly as merely protecting a state’s right to organize an armed militia. Court rulings have not been definitive either way.
Wisconsin Constitution. In November 1998, Wisconsin electors approved a constitutional amendment guaranteeing –
…the right to keep and bear arms by a 1,205,873-to-425,052 vote. Article I, Section 25 states: The people have the right to keep and bears [sic] arms for security, defense, hunting, recreation or any other lawful purpose.
The 1998 ruling contradicts what laws in Wisconsin have passed, and their argument is typical of sociocrats, believers in sociocracy and socialism – mostly members of the Democratic Party and the history of gun control, but not limited to because of some members in the Republican Party who have forgotten their political platform and ideology as so-called conservatives and constitutionally-minded elected officials.
Wisconsin, along with 40 other states, preempts local authority when it comes to regulating firearms.
In the state of Wisconsin, the following is prohibited from ownership and use: (1) machine guns (federal law); (2) short-barreled, sawed-off shotguns and short-barreled rifles (federal law); (3) silencers (federal law); (4) assault rifles (federal law); (5) armor-piercing ammunition (federal law); plastic firearms that cannot be sensed by metal detectors (federal law). Notice that the state of Wisconsin abides by federal law, except in the case of the Second Amendment – and those compliances are ALL bans mandated by the federal government.
Wisconsin laws concerning firearm storage:
If an adult recklessly stores or leaves a loaded firearm within the reach or easy access of a child under the age of 14 years and the child acquires the gun without permission of a parent, guardian, or caretaker, the adult will be considered guilty of a misdemeanor if the child possesses or exhibits the firearm in a public place or uses it to injure or kill someone. Owners are exempt from prosecution if the firearm was: 1) stored in a reasonably secure container or location, 2) secured with a trigger lock, 3) on the person’s body or within easy reach, 4) obtained as the result of an illegal entry, or 5) stored on a premises where the owner reasonably believes children will not be present [s. 948.55]. Whenever a firearm is transferred on a retail level, the seller must provide a prescribed written warning about the safe storage law [s. 175.37].
As with other states, firearms are prohibited from school zones and property, except for using a firearm for a school program (youth gun club), carrying a firearm while crossing a school zone to get to lands open to hunting, possessing a firearm on private property within a school zone, and it also excludes BB guns, air guns, and starter pistols from this restriction.
There is another restriction-prohibition that is in place in Wisconsin that is in hunting laws in 50 other states except for Georgia involving hunting with crossbows. Unless you are 65 years old and/or disabled (requiring a special permit) hunting with a crossbow, a form of archery device, is forbidden. I have asked several contacts why this law has been enacted – and not one has an answer. If the government wishes to restrict the use of crossbows to using them for hunting during designated bow season – no complaints. But what reason is the crossbow being restricted from use in hunting? No purpose whatsoever.
This Wisconsin government pamphlet is dated 2000 – and since that time some changes have been made:
□ Senate Bill 167, Mentored Hunting Bill, surprisingly signed by Governor Doyle [29th state to do so] that will allow children of the age of 10 to 18 to hunt in the presence of a licensed adult.
□ Felons can purchase a firearm if they have been pardoned by the governor of Wisconsin.
□ It is only permissible to keep a gun in your car or boat if it is unloaded and stored in a case.
At Wisconsin Gun Owners website there is an online petition against the Wisconsin Open Carry law, against the Semi-Auto Ban and the HR45 National Gun Registration bill. Also read the October 13th 2009 article entitled Justice Denied for Olofson. David Olofson was denied his case being heard for a decision by the US Supreme Court concerning citizens who own semi-automatic weapons. And Madison Police Department continues to issue citations for citizens carrying firearms in the open in the article Madison PD Open Carry E-mail Released in FOIA Request, September 17th 2009.
Always keep tabs on state and local laws because they change. This article is for the purposes of declaring that the state of Wisconsin is violating the Second Amendment of the Constitution of the United States and not meant to be a current reference of state and local laws concerning firearms in Wisconsin.
And, before closing this essay, I would like to add this snippet from NewsMax by Rick Pedraza, entitled NRA Backs Law Against Adoption Agencies’ Gun Questions …
Adoption agencies are violating gun owners’ rights by asking prospective parents whether they keep guns and ammunition in the home, according to a Florida state legislator trying to ban the practice. And the National Rifle Association backs the law Republican Sen. Thad Altman has introduced in the Florida Legislature that would make it unlawful for an adoption agency to ask gun ownership questions, according to a report in the Miami Herald. Such questions violate privacy rights, the proposal contends. Altman became involved in the issue after two constituents in his congressional district complained when they tried to adopt a child. …
While the question might be part of some survey for consensus purposes, the danger here is that the answer may cause a couple to be disqualified to adopt a child because they exercise their rights within the Second Amendment to the Constitution of the United States – as well as the privacy complaint by the two persons in the article.
America at Crossroad – Correcting the Path of our Nation
America is at a crossroad and thus American patriots and grassroot citizens must unite against the onslaught against the Constitution and its amendments that created our nation and nurtured it to prosperity, freedom and liberty to every citizen from every walk of life and every ethnic background that exists. The SAR (Second American Revolution) must become organized and represent responsible citizens who want America to be restored to a republic as it was founded, and not what it has become – Big Government, Nanny State and a weakened, bankrupt economy (and society) because of government intrusion – and other issues important to life, liberty and the pursuit of happiness.
If you can afford it, please take the time to donate by clicking on the appropriate DONATE PayPal button and further this cause.
For any discussions about this matter – Email me, Keith Allen Lehman [email@example.com] or Sgt Rocky [firstname.lastname@example.org] at Faded Glory Patriot Journal to present ideas or plans on organizing this endeavor and encourage qualified leadership to spearhead this movement. Our children and grandchildren will thank us if we succeed – and we must, if America is going to survive the onslaught from without and from within against freedom and liberty America has been known for. Sorry, donations are not tax deductible because if it were it would involve the government bureaucracy. I am not anti-government (at least the type the Founders created), I am against bureaucracy, Big Government and the Nanny State.
Make tax deductions become history, as well as the intrusive, bloated income tax system.
Encourage Congress to eliminate the 16th Amendment and changed to a flat tax based upon consumption, promoting fellow patriot Rep. John Linder [R-GA] and his sponsored bill, the Fair Tax Act. See if your representative and senators are for the repeal of the unconstitutional 16th Amendment – and if not, ask why. If he/she is a Democrat and is against it, tell them that you thought they and their political party were for Change We Could Believe In.
Deep gratitude to those fellow Americans and friends over-the-seas for their continued support in these endeavors and their participation of making America a better place to live and regain our honorable reputation in the international community.
An excellent article pertaining to the 10th Amendment is at Hispanic Conservative by F. J. Tamel. [also a more recent article by Aaron Rodriguez] about government’s involvement in abortion] He wrote, in part:
Historically, the Tenth Amendment has been invoked to check the powers claimed by Congress regarding the regulation of commerce or to levy and collect taxes. Today it is necessary to once again to invoke the Tenth Amendment as the government is moving toward an increase in power that goes beyond the founder’s wildest nightmares.
Currently, 20 representatives want to ensure that every single piece of legislation passing through Congress includes a statement citing specific constitutional authority for enacting it. H.R. 450, or the Enumerated Powers Act, sponsored by Rep. John Shadegg of Arizona, states, “Each Act of Congress shall contain a concise and definite statement of the constitutional authority relied upon for the enactment of each portion of that Act. The failure to comply with this section shall give rise to a point of order in either House of Congress.” …
It would force lawmakers to include statements explaining by what authority they are acting. It would give the Supreme Court the ability to scrutinize constitutional justification for every piece of legislation. If the justification does not hold up, the courts and the people could hold Congress accountable and eliminate acts that reach beyond the scope of the Constitution.
[I] Compendium of State Firearm Laws, NRA Institute for Legislative Action, available in PDF.
[II] Just as there is a preemption of federal law that pertains to the Constitution and its amendments.
[III] Wikipedia entry: The Constitution of Virginia, Article I.2, Section 13, Militia 3B.
[IV] Wisconsin Briefs, Legislative Reference Bureau Publication: Regulation of Firearms in Wisconsin, Brief 00-11, September 2000.
[V] § 941.23.