Home > Uncategorized > U.S. Senate Judiciary Committee Hearing: Firearms in Commerce, Sept. 14, 2010

U.S. Senate Judiciary Committee Hearing: Firearms in Commerce, Sept. 14, 2010

Wednesday, September 8, 2010 Leave a comment Go to comments

Senate Judiciary Committee Hearing
(Full Committee)

Firearms in Commerce: Assessing the Need for Reform in the Federal Regulatory Process

DATE: September 14, 2010
TIME: 10:00 AM
ROOM: Dirksen-226

OFFICIAL HEARING NOTICE / WITNESS LIST: 

September 7, 2010

NOTICE OF COMMITTEE HEARING
The Senate Committee on the Judiciary has scheduled a hearing entitled “Firearms in Commerce: Assessing the Need for Reform in the Federal Regulatory Process” for Tuesday, September 14, 2010 at 10:00 a.m. in Room 226 of the Dirksen Senate Office Building.

By order of the Chairman

—————————————-

MY SUGGESTION FOR REFORM IN THE
FEDERAL REGULATORY PROCESS FOR FIREARMS IN COMMERCE

 The Second Amendment right to openly keep and bear arms in intrastate and interstate travel can be restored to its rightful place as a legal norm and a social norm because it is a constitutional norm. We supposedly have the Second Amendment right to keep and bear arms. We supposedly have the right to keep and bear arms wherever we go as defined by the U.S. Supreme Court’s pro-slavery opinion in Dred Scott v. Sanford,  60 U.S. (19 How.) 393, 416-417 (1857) defining the attributes of a free citizen that are denied to a slave:

“For if they were so received, and entitled to the privileges and immunities of citizens, it would exempt them from the operation of the special laws and from the police [60 U.S. 393, 417]   regulations which they considered to be necessary for their own safety. It would give to persons of the negro race, who were recognised as citizens in any one State of the Union, the right to enter every other State whenever they pleased, singly or in companies, without pass or passport, and without obstruction, to sojourn there as long as they pleased, to go where they pleased at every hour of the day or night without molestation, unless they committed some violation of law for which a white man would be punished; and it would give them the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs, and to keep and carry arms wherever they went. And all of this would be done in the face of the subject race of the same color, both free and slaves, and inevitably producing discontent and insubordination among them, and endangering the peace and safety of the State.”

Dred Scott v. Sanford,  60 U.S. (19 How.) 393, 416-417 (1857).

“[T]o keep and carry arms wherever they went” is National Open Carry in intrastate and interstate travel for the purpose of ready access in the instant need for armed self-defense under the Ninth Amendment’s unenumerated rights connected to the Second Amendment.

The following Table comparing the federal regulation for those in the business of transporting firearms and the companion federal law for those who are NOT in the business of transporting firearms (i.e.,citizens on vacation; U.S. merchant seamen traveling interstate to and from a U.S. flag vessels for defense against pirates on the high seas) defeats the purpose of the Second Amendment right to keep and bear arms and the Ninth Amendment unenumerated right to possess and openly carry firearms in intrastate and interstate travel for the purpose of ready access in case of the instant need for armed self-defense.

CODE OF FEDERAL REGULATIONS
Title 27—(ATF)
CHAPTER II— BATFE, DOJ
PART 478—COMMERCE IN FIREARMS & AMMUNITION

U.S. CODE
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
PART I—CRIMES
CHAPTER 44—FIREARMS


27 C.F.R. § 178.38
Transportation of Firearms

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where such person may lawfully possess and carry such firearm to any other place where such person may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

 
18 U.S.C. § 926A.
Interstate Transportation of Firearms
 
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

Black’s Law Dictionary 573 (8th ed.2004) defines “entitle” as: “1. To grant a legal right to or qualify for.”

The Bill of Rights (including the Second Amendment) is not something the States nor the U.S. Government can grant a legal right to or qualify for something such as the Ninth Amendment right to openly keep and bear arms in intrastate or interstate travel respectively (i.e., National Open Carry). National Open Carry is a right God entitled us with our instinct for self-preservation through the use of our opposing thumbs. Government can only take away our God given rights through due process from some wrongful act we do. Volumes have been written about this so I need not add to it.

Reform the federal regulatory process for firearms in commerce? YES!

Advertisements
Categories: Uncategorized
  1. No comments yet.
  1. No trackbacks yet.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: