The Constitutional Minute #18: The 2nd Amendment Explained

Gun control is not an enumerated power delegated to the federal government.


Our federal Constitution doesn’t delegate to the federal government any power over the Country at Large to restrict our arms.


Accordingly, all pretended federal laws, regulations, orders, opinions, or treaties which purport to do so are unconstitutional as outside the scope of powers delegated. They are also unconstitutional as in violation of the Second Amendment.


The States are also prohibited from infringing the right of the People to keep and bear arms by Article I, Sec. 8, clauses 15 and 16, US Constitution. Those two clauses provide for the Militia of the Several States; and implicitly prohibit the States from making any laws which would interfere with the arming and training of the Militiamen in their States.


Pursuant to this clause, Congress passed the Militia Act of 1792 which required every able-bodied male citizen (with a few exceptions) between the ages of 18 and 45 to acquire a rifle, bayonet, ammo, ammo pouch, and report to his local Militia Unit for training. The “Militia of the several States” were creatures of State Statutes – not of the federal government.


What does our Texas State Constitution say about the right to keep and bear arms?


Each State has its own Constitution which addresses its State Militia and the right to be armed.


Now listen: No State may lawfully make any law which contradicts its State Constitution or which interferes with Congress’ power to “organize, arm, and discipline, the Militia”.


Accordingly, any State Statute which purports to require a permit before one may carry a gun is unconstitutional under the federal Constitution because Congress may lawfully require able-bodied male Citizens to acquire firearms and ammo and report to their local Militia Unit for training!


Here is a link for your enjoyment:

Bob Hilliard