THE RIGHT TO LIFE
The most fundamental of all rights is the right to life, That means it is a violation of your rights to limit your ability to protect your life—whether with waiting periods, licensing fees, or restrictions on your ability to defend yourself. This includes bans on magazine capacity and weapons of any kind that might be necessary to defend yourself against those who would take your life or your freedom.
Unfortunately, government officials and their supporters believe the right to life is a mere "privilege” to be licensed, restricted, limited, or denied as they see fit. To put this in perspective, imagine picking up a newspaper and reading the following headline:
ACT OF CONGRESS MAKES
RIGHT TO LIFE A PRIVILEGE
States to issue permits
Most Americans would be shocked to read such a headline, yet this is exactly what has already happened.
Firearm restrictions, licenses, and various permits seditiously convert a right into a privilege. A license grants you “immunity” from prosecution for committing what would otherwise be a crime or other violation of law.
Shall not infringe means shall not infringe.
What’s more, the government has no lawful or moral right to criminalize possession of firearms by felons or other categories of prohibited person either. In regard to felons, which everyone is, whether convicted or not, most offenders are non-violent. Should a person be denied the right to protect himself and his family because he cheated on his taxes, which almost everyone does? If certain people are truly violent, then they should stay in prison. But the problem is that the government continues to classify many nonviolent crimes as “violent.” There is no end to their deceit.
The right of self-defense is the first law of nature: in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Whenever standing armies are kept up, and when the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.
- HENRY ST. GEORGE TUCKER, quoted in Blackstone’s 1768 Commentaries on the Laws of England.
Gun control is a crime under the 2nd and 10th Amendments since it violates the natural right to individual and collective self-preservation. See Title 18 U.S.C. Section 241 and 242.
In my book, Gun Control is a Crime and Those Who Enforce It Are Criminals, I classify our firearm rights into two groups: the right to life and the right to resist tyranny.
Number 1: The right to life precedes all other rights. No government has lawful authority to decide whether you have a right to life. And no government has authority to infringe on the means of preserving your life. In other words, the government cannot lawfully ban high-capacity magazines and semi-auto firearms when you may face multiple assailants and home invaders.
Number 2: The right to resist tyranny encompasses the right to personal and collective defense. This means you cannot be denied the right to have the same firepower as the government. This includes machine guns, silencers, and all other implements necessary to protect your rights from an oppressive government.
Judge Andrew Napolitano agrees:
“Thus, your right to be alive, to think as you wish, to say what you think, to publish what you say, to worship or not, to associate or not, to shake your fist in the tyrant's face by petitioning the government, your right to defend yourself and repel tyrants, using and carrying the same weapons as the government does, your right to be left alone, to own property, to travel or to stay put — these natural aspects of human existence are natural rights that come from our humanity and for the exercise of which all rational persons yearn.”
Napolitano’s absolutist argument (and mine) is also supported by Gun Owners of America—and there is movement in several states to uphold our right to individual and collective self-preservation:
On February 18, 2025 an Arizona House committee unanimously passed a measure to let voters decide whether to decriminalize fully automatic weapons, sawed-off shotguns, and firearm sound suppressors. If approved at the ballot box, the law would automatically prohibit state and local enforcement of federal restrictions on the same under a 2021 Arizona statute.
“Rep. Alexander Kolodin filed House Concurrent Resolution 2037 (HCR2037). Titled the “Shall not Be Infringed Act,” the legislation would initiate a ballot (machine guns), short-barreled rifles and shotguns, and firearm sound suppressors (more commonly known as silencers) from the state’s list of “prohibited weapons”. (Quoting a Tenth Amendment Center article dated 2-18-2025.)
The bottom line is you can’t have the federal government deciding who can or cannot own a firearm. The Second Amendment specifically prohibits the federal government from that decision. Any necessary safety provisions are the province of state and local governments (assuming they don’t violate our right to self-preservation).
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