Montana Lawsuit against ATF on Firearms Freedom Act

[johnharris]

[RichardAHamblen]

I still think the proper way to attack any and all gun laws is the Second Amendment and the Preamble to the Bill of Rights. The Supreme Court has never said that the Second Amendment applies only to the "State Militia" but rather that the goal of the 2A is to make that goal more efficient, because as the Miller court said the militia consists of everyone "physically capable of bearing arms". The Heller court only restated the obvious when it ruled that the RTKBA is individual. The Court has also never said that arms are properly under the control of the Commerce Clause or the Taxing Power. This all comes from the prosecution's brief in Miller, not the Court's ruling. When you try to use the Commerce Clause as a shield against infringement, you are still admitting that the Feds have the right to regulate arms in inter state commerce. And if a poll tax tax is an infringement on the right to vote, how is a firearms tax not an infringement on the right to keep and bear arms?

I am in the midst of a legal battle to make the court live up to what it has itself said is the proper interpretation of the Second Amendment. Come to the November meeting in Nashville where I will be giving a full exposition of my views on the Second Amendment and what is the current state of my attempt to make the Court live up to its own rulings. You can watch an introduction here: