The Bill of Rights in the U.S. Constitution does not create rights. Only our Creator creates rights. The Bill of Rights limits the federal government’s powers over our right to keep and bear arms. What does the Second Amendment say? “…the right of the people to keep and bear Arms, shall not be infringed.” In this context, the verb infringe means to violate or break, to interfere with.
The powers to license gun owners, regulate the manufacture of firearms, and control the sale of firearms are not in the federal government’s powers as enumerated in Article 1, Section 8 of the U.S. Constitution.
The Tenth Amendment to the U.S. Constitution delineates the powers of the states from the federal powers. The text says:
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.“
The powers to license gun owners, regulate the manufacture of firearms, and control the sale of firearms are not assigned by the Constitution to the federal government. These three powers are reserved to the States or to the people.
Article 1 of the Texas State Constitution features 36 sections that protect our rights. Section 23:
“RIGHT TO KEEP AND BEAR ARMS. Every citizen shall have the right to keep and bear arms in the lawful defence of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.“
Question: Are the assumed powers of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the ATF, compliant with the Supremacy Clause of the U.S. Constitution stated in Article 6, the second paragraph ?
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.“
What about lawful authority over the manufacture of firearms?
Houston, we have a problem.
John N. White 