Exploring the meaning of Infringement and the Constitution

At our country's founding, almost all Americans owned firearms. Even those who committed a crime and went to prison. When they were released, they would have their firearms returned to them. They did not differentiate between a felony or  a misdemeanor. It was a simpler time when "We The People" were not burdened by the ever-growing, oppressive government/police state, which it has become today. 

This issue is surrounded by judicial purview and state legislative acts of most states. Lawyers and judges will deny that a felon has a right to even possess a firearm, and will cite many State or Commonwealth codes to defend that position.  But the 2nd Amendment trumps ALL laws they slip in time from time to take away peoples' rights.  It's call Infringement, and the 2nd Amendment of the US Constitution is clear about this:

"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." (emphasis added)

in·fringe (n-frnj)

v. in·fringed, in·fring·ing, in·fring·es

v.tr.

1. To transgress or exceed the limits of; violate: infringe a contract; infringe a patent.

2. Obsolete To defeat; invalidate.

"But my State Law says..."

What if your State Legislature passed a law that made it illegal to watch TV in your home after 9pm?  Would you tell the government official or law enforcement officer where to go if he tried to arrest you after driving by and seeing your TV on?  Of course, this sounds absurd, but no more absurd to our Founders than any gun law on the books today. These laws that subvert the Constitution are not valid or legal! The fact that they were passed, little by little, under cover of citizen apathy doesn't make them any less illegal, and there is no statute of limitations on the authority of We the People.  If that were the case, then Prohibition would still be present in America today.  We the People were here before the government.  In fact, we created the government, and it is our authority from who the government derives it power.  Just because I lend my authority to my babysitter when I'm gone, doesn't mean she can supersede my authority as a parent, or even retain authority past what I determine.  It doesn't require a law degree to know your rights!  The Founders never intended it that way, and the majority of them didn't even have law degrees.  The government has no more power than what you have to exercise as an individual, because it is the individuals who created the government to act in their stead in the first place.  This individual law that our Founder so "magically" knew to be the truth is call Natural Law, upon which our Republic was founded.

When the States ratified the US Constitution they demanded that certain rights be listed to make clear to future governments who tend to seek more and more power and control.  This list of Bill of Rights was NOT inclusive (see the 10th Amendment below).  We the People do not require interpretation to know our rights.  Our Founders were not inadequate in writing the Constitution, and the US Constitution, as written and intended, IS the supreme law of the United States, not the liberal, self-serving interpretation of a judges, lawyers, State officials, or professors 200 years later. That is exactly why they fled England in the first place!

Looking closer at the 2nd Amendment: 

"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." 

The militia is not the National Guard. The National Guard came into being in 1903 with the Militia Act of 1903. Established under Title 10 and Title 32 of the U.S. Code. The classes of the militia are:

(a) the organized militia, which consists of the National Guard and the Naval Militia; and

(b) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia. 

Examine this clause: "The right of the People".  Notice it says right, not privilege, thus it is immune.  Privileges are given by government; rights are given by God.  And since we had rights before the government was even created, there is no way the government can affect our rights (unless we let them).  Our rights are also known as immunities for this reason.


While many Federal and State arguments have ensued over this Amendment, the plain language stands, "the right of the People to keep and bear arms shall not be infringed."  No where in this Amendment (or the Constitution) does it ever stipulate who can or cannot keep and bear arms.  Such a stipulation would be considered infringement, and the 2nd Amendment is clear about that. 


Currently, a person cannot own or possess a firearm under the following conditions in the USA. 

1) Imprisoned: for an offense, the offender cannot have access to a firearm. 

2) Slavery: When the individual is enslaved they may also not have to access to a firearm. 

3) Involuntary Servitude: Which is number 1 just above. AKA prison.

The 13th Amendment states the following:

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime where of the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. 

Section 2. Congress shall have the power to enforce this article by appropriate legislation.

The US Constitution supersedes ALL State Constitutions, accept on the grounds of the 10th Amendment:

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved the States respectively, or to the people." 

The 14th Amendment guarantees a US Citizen the following:

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. 

Your Rights are not privileges they are immunities. But the lawyers will say otherwise because it is profitable for them.

While you may will find many liberal minded individuals disagree with this explination, it is quite sound. It is difference between Constitutional Law and not Case Law.  The first is what America was founded.  All US Citizens are entitled to own and possess a firearm. A state cannot infringe on the Amendment as defined by our Founding Fathers.

To learn more about the US Constitution, Click Here