It seems that almost immediately after the recent shootings at Sandy Hook Elementary School you were making noise about proposing a modified, beefed up version of the 1994 Assault Weapons ban. It almost seems like you already had planned on introducing this legislation and were just awaiting, as Rahm Emanuel once said, ‘a good crisis.’ Honestly, your immediate response does not surprise most of us who have paid any attention to the attempts made by our government to limit our right and ability to keep and bear arms. After all, we remember back in 1994, when you said on a segment of 60 Minutes, “If I could have gotten 51 votes in the Senate of the United States for an outright ban, picking up every one of them—Mr. and Mrs. America, turn them all in—I would have done it.” So, like I said, the fact that it is YOU that is authoring this bill comes as no surprise at all.
We, the peaceful, law-abiding, gun owners of America have developed a sense of distrust when it comes to our government’s willingness to protect, what we believe to be, our unalienable right to keep and bear arms. That distrust intensifies a hundred fold whenever your name is mentioned, as you, not only, have proven that you not only do not understand the nature of that right, but that you have made it your personal goal to see it completely eradicated.
Apparently it does not matter to you that the Second Amendment, having been duly ratified, is part and parcel of the Supreme Law of the Land, to which YOU swore an oath to support and defend. Sometimes I believe that were you a member of the clergy, instead of a United States Senator, you would find one of the Ten Commandments that you personally disliked, just so you could have it removed from the Bible.
A large percentage of the people in this country support you in your belief that something must be done to take these ‘assault weapons’ out of the hands of people who “MIGHT” use them in a shooting spree. Unfortunately for them, we DO NOT live in a democracy where the majority gets to dictate to the minority, no matter how small that minority is, what they can and cannot do, especially as it pertains to a right protected by the Bill of Rights. I know this must frustrate, and anger you, but nonetheless, the Second Amendment is OFF LIMITS to you. In fact it is OFF LIMITS to both the federal, and the state, governments.
In 1899, a lawyer named John Randolph Tucker, in his The Constitution of the United States, wrote, “[C]constitutions are not made to create rights in the people, but in recognition of, and in order to preserve them, and that if any are specially enumerated and specially guarded, it is only because they are peculiarly important or peculiarly exposed to invasion.”
Are you aware that in 1846 the Georgia Supreme Court held that “`The right of the people to keep and bear arms shall not be infringed.’ The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the milita, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State. Our opinion is that any law, State or Federal, is repugnant to the Constitution, and void, which contravenes this right.”
In 1859, the Texas Supreme Court also held, “The right of a citizen to bear arms, in lawful defense of himself or the State, is absolute. He does not derive it from the State government. It is one of the “high powers” delegated directly to the citizen, and `is excepted out of the general powers of government.’ A law cannot be passed to infringe upon or impair it, because it is above the law, and independent of the lawmaking power.” (my emphasis added)
The Second Amendment is exempted out of, and independent of the lawmaking power. You, as a Senator, and this applies equally to every Senator, and member of the House of Representatives, are not authorized to touch any aspect of the Second Amendment. You cannot pass a law making certain type firearms illegal to own, or ban their sales as you claim your proposed ‘assault rifle’ legislation would do.
Do not get me wrong, I believe that these shootings at our schools, malls, and anywhere else they may occur, are tragic and horrific. However, that does not grant YOU the authority to infringe, even the slightest upon a right you are prohibited from touching.
In the 1787 case of Wilson v. State, the court ruled, “To prohibit a citizen from wearing or carrying a war arm . . . is an unwarranted restriction upon the constitutional right to keep and bear arms. If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of constitutional privilege.”
I’m sorry Senator Feinstein if these inconvenient facts get in the way of what, you consider to be, the public good. Nonetheless, they are facts, and as YOU have taken an oath to support and defend the Constitution of the United States, if YOU violate that oath, and attempt to infringe upon an unalienable right of the people, YOU will be the criminal, not those your law ‘labels’ as criminals.
But I seriously doubt that anything I have just said will deter you from pressing forward with your plan to ban the sale and manufacture of the vast majority of the firearms currently made and sold in this country. You, and you are not alone in this, as we believe that a good number of our elected representatives, are going to do whatever they damn well please without regard to the law.
So maybe I’m wasting my time writing to you. But you have to wonder, if your plan was, as you stated on the news, to prevent more of these type ‘assault rifles’ from getting onto the streets where they could fall into the hands of potentially violent killers, your plan has backfired on an epic scale. Sales of the type weapons you are proposing on banning has gone through the roof and manufacturers simply cannot keep up with the demand. So instead of lessening the number of these ‘assault rifles’ you have managed to inundate the country with them. Congratulations. But then again it seems that NOTHING our government attempts to do any more works out the way that it was supposed to. Maybe THAT is why our country is broken.
Good day Ma’am,