firehouse pizza banner
jones banner
chamber banner

Letter to Editor: The Second Amendment of the US Constitution

National Spokesperson for the Gamecock Farmers of America US Army ret SFC BL Cozad Jr
"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."
 As much as the Second Amendment is discussed it is often not truly understood. The comma at the end of "free State" establishes a stand-alone statement of fact as a comma joins two independent clauses.
During the time of our founding fathers there was never any requirement to attend formal drills as a member of a “militia” in order to have the right to keep and bear arms. It was fully understood that every person (man) was expected to keep and bear arms and be prepared to defend against any threat “foreign and domestic” that would violate individual rights secured and protected by the U.S. Constitution which is the same oath our elected officials take today. Thus there are no requirements to attend formal drills as part of an organized militia to secure the right to keep and bear arms today. It is the right of each person to keep and bear arms in the defense of their own life, liberty, property and pursuit of happiness.
Since the Constitution protects the rights of each individual, Federal Laws, State Laws and local city ordinances infringing on the right of Americans to carry a weapon on federal, state and city property are in violation of the US Constitution. Article VI Section II of the US Constitution is commonly called "the Supremacy Clause" and attests that any State Constitution amendment, State law, County ordinance, City ordinance and even an international treaty that is in conflict with the US Constitution cannot withstand and is therefore invalid (illegal).
Our founding fathers wrote into the Constitution itself the procedures to amend and/or modify an amendment and/or article of the Constitution. A bill must be passed by Congress and then ratified by ¾ of the states.
When the founding fathers ratified the Second Amendment George Washington owned three cannons. If it was Washington’s right to own cannons (arms) protected by the Second Amendment that is still our right today. Forget the discussion about Assault rifles and ten round magazines, Americans have the right to own any weapon up to cannons even by the historical perspective provided by George Washington's ownership of cannons.
The only person that has the authority to infringe on the right of an American to keep and bear arms on any piece of property is the owner of private property. Since the public owns public property then our rights cannot be infringed on property that the gun owner also pays taxes for because we are all equals in the ownership rights of the public property. The majority do not possess the authority to deprive the minority of their God given, constitutionally protected fundamental right to keep and bear arms.
Even watching the old westerns we must remember when the "prisoner" was released from prison and handed back his guns by the Sheriff/Marshall.
So when did our government officials modify the 2nd amendment by the procedures our founding fathers put in place to change and/or modify an amendment of the Constitution?
When did the required number of states ratify any amendment (change/modification) to the Second Amendment?
Not quite 100 years ago a farmer/rancher could walk into the local hardware store and buy a case of dynamite to clear the stumps from his field. Today the government tries to take that right away from us because the government officials know that virtually everything they're doing in Washington DC is a violation of our God given constitutionally protected fundamental rights and they do not want Americans to possess the means of defending ourselves from government agents sent to subjugate the people in support of the global objectives of the deep state.
If our elected officials in Washington DC haven't modified the Constitution by the procedures our founders established and three quarters of the States have not ratified the amendment then our God given constitutionally protected rights have NOT been legally changed and our Second Amendment rights to "keep and bear arms" of all kinds still exist today exactly as they did the day our founding fathers enshrined our rights by ratifying the Constitution.
This article I've written attempts to explain the facts about our God given constitutionally protected right to keep and bear arms in such an analytical way that our God given right to keep and bear arms cannot be intellectually argued against.
Please remember, {16 Am Jur 2d, Sec 177 late 2d, Sec 256: "The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The US Constitution is the supreme law of the land, and any statute, to be valid, must be in agreement. It is impossible for both the Constitution and a law violating it to be valid; one must prevail."
"This is succinctly stated as follows: The general rule is that an unconstitutional statute, though having the form and name of law is in reality no law, but wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment and not merely from the date of the decision so branding it (unconstitutional). An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the questions it purports to settle just as it would be had the statute not been enacted."
"Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it."
"A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law, indeed, insofar as a statute runs counter to the fundamental law of the land (Constitution), it is superseded thereby."}
Title 18 United States Code Section 241 makes it illegal for government bureaucrats to conspire to violate our rights therefore any act by these government bureaucrats under the color of law to do so, is not only illegal but also punishable in our courts. Title 18 U.S.C. Section 242 ensures that our elected officials cannot violate our rights under color of law. Since the Supreme law of the land is the U.S. Constitution all restrictive gun laws in America infringing on our ability to own weapons are illegal.
Therefore every gun law in America is unconstitutional and every act to enforce any gun law is an illegal act by the government officials that enacted the law and those attempting to enforce it.
The irrationality and utter stupidity of Gun laws = "taking away the God given right of honest Americans to defend ourselves and our loved ones with guns, because the criminals trying to harm us are using guns to commit the criminal acts against us".
Thank you and God bless,
US Army ret SFC B.L. Cozad Jr
Licensed Armed Private Investigator
PO Box 136
Indiahoma, OK 73552

Bookmark and Share