The same resistance should be used when any standing army, including when the police, try to take your guns.
“…this constitutional right to keep arms implies the constitutional right to use them, if need be, for the defence of one’s liberty or life.” — Lysander Spooner
In 1775, British troops marched toward Concord, Massachusetts, to seize the colonists’ weapons and ammunition. The result was armed resistance, bloodshed, and the beginning of the American Revolution.
The colonists had learned a hard lesson. When a government fears its people, one of the first things it may try to do is take away their ability to resist.
When the Founders wrote the Second Amendment, they had lived through that struggle. They understood the danger of placing all the power in the hands of the government.
The Second Amendment was shaped by a fight for freedom and by the determination that the American people would never again have to depend entirely on the government to protect their rights.
It holds the line between tyranny and freedom.
Thanks for reaching out. I'm not a lawyer. If you're facing a charge, start with your county public defender. For a CA 2A attorney referral: FPC (https://t.co/LhWcvwH5dv), CRPA (https://t.co/5UYcNSpsTh), SAF (https://t.co/TD3jZPvvzT). Once you have counsel, have them DM me. Defense Brief has motion language.
“Just doing my job” isn’t a free ticket to disregarding the Constitution. St. George Tucker didn’t mince words when he said they were oath-breakers. "The people are not only not bound by them [unconstitutional acts], but the several departments and officers of the governments, both federal, and state, are bound by oath to oppose them; for, being bound by oath to support the constitution, they must violate that oath, whenever they give their sanction, by obedience, or otherwise, to any unconstitutional act of any department of the government."
St. George Tucker emphasized the oath of office - and a DUTY to not just oppose usurpations of power in words, but to actively defy and disobey them. It would be absurd to think that Tucker was suggesting - "bound by oath to oppose usurpations, once the federal courts say they're usurpations"
You have a moral duty to resist an officer engaging in an unconstitutional act.
“An officer of the government is an officer of the law only when he is proceeding according to law. The moment he steps beyond the law, he, like other men, forfeits its protection, and may be resisted like any other trespasser.
An unconstitutional statute is no law, in the view of the constitution. It is void, and confers no authority on any one; and whoever attempts to execute it, does so at his peril. His holding a commission is no legal protection for him.
“ —
Lysander Spooner, A Defence for Fugitive Slaves (Boston, 1850).
“Nothing in our analysis should be interpreted to suggest unconstitutionality" is the Court declining to decide, not deciding. Same footnote: it does not rule out challenges to shall-issue regimes. Bruen's test still applies, and there is no founding tradition of asking permission to carry.
@Jaypai_12 Agreed. Lifetime disarmament for a misdemeanor has no historical analogue. § 922(g)(9) fails Bruen, and Montgomery makes the resulting disabilities illegal and void. No grandfather clause.
Montgomery v. Louisiana is clear: a conviction under an unconstitutional law is illegal and void. Courts have no authority to leave such convictions or their disabilities in place. There is no grandfather clause for punishments the Constitution forbids.
That rule applies to the Second Amendment. When a gun law fails Bruen—or exceeds an enumerated power—the convictions and ongoing disarmament under it are void.
NICS denials, registration schemes, and state bans do not survive the holding. Enforce the Constitution.
“A man may repel force by force in defense of his person, against any one who manifestly intends or endeavors by violence or surprise, feloniously to kill him. And he is not obliged to retreat, but he may pursue his adversary until he has secured himself from all danger; and if he kill him in so doing, it is justifiable homicide.”—Theophilus Parsons
Defy the law and print a gun.
Judge Frank M. Johnson Jr., emphasized that courts “can’t go out and just reach out and get cases” but must wait for “a genuine case or controversy between litigants that have standing.” Defiance isn’t just drama; it’s the spark that turns theory into testable law.
Gun laws deserve to be broken — Even Hamilton had it right.
“There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid.” ~Alexander Hamilton