L. Neil Smith’s The Libertarian Enterprise | The Letter of the Law


By L. Neil Smith

I begin this essay as all such essays ought to  begin, by reminding readers that, despite what you may have heard, the AR-15 and other weapons like it are _precisely_ the “arms” that the Founding Fathers intended us to retain the right to “keep and bear”.

Their idea was that ordinary folks like you and me should be armed just as well as the military (technically, outlawing fully-automatic weapons is an infringement of the sort they wanted to avoid), so that a tyrannical government, should it arise under a would-be dictator like, say, an Alexandria Ocasio-Cortez or an Eric “Nuke” Swalwell, might be overthrown. The enemies of individual liberty in today’s Congress, state legislatures, other bodies and the media understand this perfectly well and clamor incessantly to have their intended victims disarmed.

I’ll add that any registration of weapons or demanding that potential purchasers beg for government permission to buy (or privately trade) a gun defeats the whole purpose of the Second Amendment — exactly as it is intended to do.

Also, as the Japanese Admiral Isoroku Yamamoto, who planned the attack on Pearl Harbor, pointed out, when his colleagues were contemplating a military invasion of the United States, that sort of thing becomes impossible when there’s “a rifleman behind every blade of grass.” America is being invaded right now, and there are places where riflemen are desperately needed, if only as a deterrent. The arrest, recently, of a militia leader at the border (especially considering that the Congress, the malfeasant Governor of New Mexico, and the federal government in general are doing fuck-all to prevent the blatant violation of our boundaries) goes directly against the Constitution, and is therefore illegal.

Creatures like Diane Feinstein, Nancy Pelosi, and Charles Ellis Schumer (he wants you to call him “Chuck”) have made entire careers of this kind of illegality, clearly violating the oath they took to “uphold and defend the Constitution against all enemies foreign and domestic.” Since that Constitution includes the Second Amendment, guaranteeing the right to own and carry weapons, their attempts to circumvent or destroy that right are criminal acts, for which they should be arrested, tried, convicted, and as severely punished as any other traitor. At the very least, having done what they always intended to do, even before taking the oath, they are guilty of perjury.

Yes, it’s true that the Constitution protects members of Congress from arrest and prosecution while they are in office, but that specifically excludes an arrest for treason, breach of the peace, or a felony — all of which an attempt to pass and enforce victim disarmament laws clearly involves. And have they truly been in office if it can be proven that they intended to violate their oath from the beginning? How about the failure to even take the oath that was said to be stylish during certain previous left-wing administrations?

The following is long and a little complicated, but it is probably the solution to our problems and I implore you to read it carefully — preferably slowly and out loud. Our enemies are hoping that you will not.

“Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.”

This statute is Title 18 of the U.S. Code, Section 242, making it the second highest law of the land, after the Bill of Rights. Section 241, which is usually mentioned in the same breath, makes it a crime to _conspire_ with others to commit the same acts.The “whoever” it mentions are the criminals in Congress, the members of state legislatures, of county commissions, and of city councils who would violate your rights “under color of law”, that is, by passing and enforcing legislation they all know perfectly well to be unconstitutional, null and void the very moment it was written. My only question is, who do I turn them in to?

After considering this for several decades, I have come to the conclusion that every single individual ever deprived of his or her rights under these laws should constitute a separate “count” and that the gun-grabbing loonies among us should be sentenced to millions of years in prison and billions of dollars in fines.

“What prison?”, I pretend to hear you ask. For many years I have insisted that Alcatraz Island is too good to waste on tree-hugging flower children or protesting Naive Americans. It was once the most formidable lock-up in the federal system, housing the worst villains Franklin Roosevelt’s Administration ever spawned. And it could be again, even better — or worse, depending on your point of view.

Click on over, if you haven’t already,  to  https://ncc-1776.org/tle2019/tle1018-20190428-02.html  to see what I mean, In a chapter of _Rosalie’s World_, my latest novel (it will be my fortieth), which I call “Pelican Shadows” I describe what a modern Alcatraz would look like and how it would work, through the eyes of a former inmate who served a twenty-five year term there. It was a lot of fun to write. As a writer of the future (who predicted the collapse of the Soviet Union ten years before it happened), that’s my job.

She may seem familiar.

Award-winning novelist and essayist L. Neil Smith is a retired gunsmith, Publisher and Senior Columnist of L. Neil Smith’s The Libertarian Enterprise and the author of over thirty books. Look him up on Google, Wikipedia, and Amazon.com and watch for the forthcoming ONLY THE YOUNG DIE GOOD and ARES. He is available, at professional rates, to write columns, articles, and speeches for your organization, event, or publication, fiercely defending your rights, as he has done since the mid-1960s. His writings (and e-mail address) may also be found at L. Neil Smith’s The Libertarian Enterprise, at JPFO.org or at https://www.patreon.com/lneilsmith, to which you can contribute, directly. His many books and those of other pro-gun libertarians may also be found (and ordered) at L. Neil Smith’s THE LIBERTARIAN ENTERPRISE “Free Radical Book Store” The preceding essay was originally prepared for and appeared in L. Neil Smith’s THE LIBERTARIAN ENTERPRISE. Use it to fight the continuing war against tyranny.

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