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Dead Constitution See other Dead Constitution Articles Title: A Manifoldly Unconstitutional Bill I have a legislative alert for SurvivalBlog readers: H.R. 7115, the “3D Firearms Prohibitions Act” is on its face perhaps one of the most unconstitutional laws ever written. It is sponsored by Congressman Frank Pallone, Jr., Democrat, of New Jersey. It will most likely be reintroduced in the 116th Congress. This proposed law, introduced on November 2, 2018, is purported to ban 3D printed guns. But it is actually about milling (subtractive) technology rather than 3D printing (additive) technology. I have news for Mr. Pallone: All guns are “3D”, once they are off the drawing board! Pallone’s bill goes far beyond milling machine processes. It would ban firearms parts kits, ban electronic publishing about 80% receivers offered for sale, require the owners of receiver blanks to beg the issuance of a serial number before then can be milled, and even retroactively bans unserialized receivers that have been made since 1968. It also arbitrarily sets a 90 day limit for number stamping/engraving and completion of the receiver. You can read the full text of the bill, here. The summary preamble to H.R. 7115 reads: “To prohibit the sale, acquisition, distribution in commerce, or import into the United States of certain firearm receiver castings or blanks, assault weapon parts kits, and machinegun parts kits and the marketing or advertising of such castings or blanks and kits on any medium of electronic communications, to require homemade firearms to have serial numbers, and for other purposes.” But even a cursory reading of Pallone’s bill shows that it is blatantly unconstitutional, in many ways. Here are a few: The proposed law violates the 1st Amendment by making it illegal to communicate to others about the availability of certain gun parts. The proposed law is also void for vagueness. According the Cornell Law School web site, this is “a constitutional rule that requires criminal laws to state explicitly and definitely what conduct is punishable. Criminal laws that violate this requirement are said to be void for vagueness. Vagueness doctrine rests on the due process clauses of the Fifth and Fourteenth Amendments of the U.S. Constitution. By requiring fair notice of what is punishable and what is not, vagueness doctrine also helps prevent arbitrary enforcement of the laws.” In this instance the law bans “parts sets” without properly defining how many parts constitutes a “set”. The law is also horribly vague in that it does not define what percentage of completion constitutes a “receiver blank”. It is 80%? It doesn’t say. Not does it define what percentage constitutes a completed “receiver”. Is that 81%? Or 90%? Or 99%? Or 100%? Again, it is quite vaguely written. All in all, this proposed law is grossly unconstitutional on several levels and in several respects. Under the traditions and standards of American Jurisprudence, we are not bound to obey this law, and it cannot be enforced. (Lex Mala, Lex Nulla.) It is null and void, even before passage. This bill will get a new number when it is re-introduced. Be forewarned that it may be slipped into a large legislative package, such as an omnibus funding bill. Please contact your Congesscritter and Senator to mention this particular legislation. While you are at it, remind them that “universal background checks” is a gun-grabbers’ code phrase for “banning private party sales.” Also, be sure to mention: I oppose any and all new gun laws and Red Flag laws! – JWR James Wesley, Rawles (JWR) is Founder and Senior Editor of SurvivalBlog, the original prepping /survival blog for when the Schumer Hits The Fan (SHTF). He began SurvivalBlog in 2005. It now reaches more than 320,000 unique visitors weekly. JWR is a journalist, technical writer, and novelist. His survivalist novel Patriots: Surviving the Coming Collapse, is a modern classic that reached #3 on the New York Times bestsellers list. Two of his other novels have also been best New York Times bestsellers. Jim is the originator of the American Redoubt movement and a frequent talk show guest on shows such as Alex Jones. He is also a retreat consultant specializing in off-grid living, rural relocation, and survival preparedness. Note: Permission is granted for re-posting of this entire article, but only if done so in full, with proper attribution to James Wesley, Rawles and SurvivalBlog, and only if the included links are preserved.) Copyright © 2018 SurvivalBlog.com Post Comment Private Reply Ignore Thread
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