Sunday, March 16, 2014

Ex Post Facto; Gun Store Owner Refuses Federal Government

By Douglas V. Gibbs

The way to combat an unconstitutional government is to refuse to comply.  Rejection of unconstitutional actions by the federal government, if not performed by the States, must be accomplished by the citizens.  We have heard of gun confiscations going on in some States (like California and New York), and law enforcement in other States just itching to pull what they pulled in New Orleans, and start kicking in doors to confiscate our legally bought firearms.

Article I, Section 9 of the United States Constitution, addressing the federal government, reads, "No Bill of Attainder or ex post facto Law shall be passed."

Article I, Section 10 of the United States Constitution, addressing State governments, reads, "No State shall. . . pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility."

In both cases, the Constitution clearly prohibits ex post facto law, which is retroactive law.  In other words, no matter what guns any government decides to ban (which also screams in the face of our God-given right to keep and bear arms) if you legally bought your firearms, or legally inherited them, and at the time of their purchase they were legal to purchase, then they cannot be taken away because of some retroactive law that suddenly makes them illegal.  The government is acting illegally when they try to take our guns, interfere with ammunition purchases, or pass any legislation infringing in any way on our individual, personal right to keep and bear arms - and that includes "any" firearm.

Non-compliance with these illegal laws is the way to work towards defeating anti-gun totalitarian, dictatorial policies.

A great example of a business doing just that occurred in Oceanside, California.

Ares Armor, owned by Dimitrios Karras, sells various gun parts to build a rifle, like an AR-15, from scratch refused to turn over his customer list to federal agents.  The Bureau of Alcohol, Tobacco, Firearms and Explosives was investigating the gun store, not for what they sell, but for the people who purchase their products.  Non-compliance with ATF demands, Karras was advised, would result in the ATF shutting down his business.

The ATF sent stores, including Ares Armor, letters demanding they turn over the products and names of customers who purchased one line of products designed to make it easy to assemble AR-15s.

“They said either give us these 5000 names or we are coming in and taking pretty much anything – which is a huge privacy concern and something we are not willing to do,” said Karras.

The gun shop owner used an attorney to inform the ATF they may pick up the product they have targeted, but that the store owner would not comply with turning over their private client list.

“They were going to search all of our facilities and confiscate our computer and pretty much shut our business down,” said Karras. “The government invades our privacy on a daily basis and everyone thinks its ok. This is one of those situations where hopefully the governmental institutions will come in say this is protected and no you’re not taking it from them.”

In anticipation of a raid, a temporary restraining order against the ATF has been filed, stopping them from confiscating their property.  A preliminary hearing is scheduled for March 20.

-- Political Pistachio Conservative News and Commentary

Forceful Gun Confiscation Begins in California - Mr Conservative

New York City confiscating rifles and shotguns - The Daily Caller


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