The NCFRM wishes to show our support for the 2nd amendment of the U.S. Constitution, the Supreme Law of the United States, by reminding our elected officers both Federal and State of their Oath of Office. We wish that our member Clubs and our Individual members to contact them and remind them to follow their Oath of Office and support the 2nd Amendment by repealing ALL unconstitutional Arms laws, regulations, and rules. Please, use the following examples for ideas in writing their own emails, faxes and letter to our elected officials.
About Unconstitutional Federal Arms laws, regulations and rules.
Oath of Office: “The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”
— U.S. Constitution, Article VI, clause 3 Oath of Office – U.S. Senators and Representatives
“I, (name of Member), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God” (5 U.S.C. §3331).
North Carolina § 11-7. Oath or affirmation to support Constitutions; all officers to take.
Every member of the General Assembly and every person elected or appointed to hold any office of trust or profit in the State shall, before taking office or entering upon the execution of the office, take and subscribe to the following oath:
“I, ___________, do solemnly and sincerely swear that I will support the Constitution of the United States; that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; and that I will endeavor to support, maintain and defend the Constitution of said State, not inconsistent with the Constitution of the United States, to the best of my knowledge and ability; so help me God.” (1781, c. 342, s. 1, P.R.; R.C., c. 76, s. 4; Code, s. 3312; Rev., s. 2358; C.S., s. 3194; 1985, c. 756, s. 5.)
The Second Amendment of the U.S. Constitution, the Supreme Law of the Land states:
A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
Note: the people form the Militia, so the right is of the people, NOT the Militia.
The Second Amendment protects the rights of all citizens of the United States and its territories. And puts limits on the powers of the Federal and State Governments, plus EVERY other government in the United States. No Government can violate a citizens rights guaranteed to them under the U.S. Constitution.
Therefore, any and ALL Federal and State including any governments within a State, whose laws concern ARMS are infringements and are ILLEGAL under the U.S. Constitution and are therefore Null and Void as they are Unconstitutional. And this is the point of this paper. In order to be in compliance with they oath of office, our Senators and Representatives need to repeal all laws, regulations and rules concerning Arms. Please, keep in mind that the insane and criminal do not obey laws.
Unconstitutional Official Acts 16 Am Jur 2d, Sec 177 late 2d, Sec 256:
The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The U.S. Constitution is the supreme law of the land, and any statute, to be valid, must be In agreement. It is impossible for both the Constitution and a law violating it to be valid; one must prevail. This is succinctly stated as follows:
The General rule is that an unconstitutional statute, though having the form and name of law is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of it’s enactment and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.
Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it…..
A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby.
No one is bound to obey an unconstitutional law and no courts are bound to enforce it.