by Michael Boldin
The following article is based off a speech given on 09-25-10 at the 25th Annual Gun Rights Policy Conference in San Francisco, CA.
I’ve often been told that when you’re giving a speech – if all you get is applause and cheers – and you never piss anyone off – you’re no better than a low-life politician, because you’re not challenging anyone’s conventional mode of thought. Hopefully, I get at least a few eyebrows raised here in my 8-9 short minutes….
So let’s start out with the easy stuff, ok? I’m a tenther. That means I believe that the federal government should exercise only those powers that we the people delegated to it in the constitution – and nothing more. For example, no Obamacare mandates, no bank bailouts, and definitely no federal gun laws – period.
Question. How many people here own a gun, or manufacture or sell guns?
And how many of you are proud felons – meaning, when the government makes rules to restrict your right to keep and bear arms, you simply ignore them because they don’t have the authority to do so?
HEMPCON
I recently went to an event called Hemp Con down in my part of the state – Los Angeles. This is a big event at the LA convention center – with loads of vendors and businesses from every angle you can think of in support of the marijuana industry. There were home security companies to help protect your weed, solar power companies to help you grow your weed, doctors giving out medical marijuana cards to virtually anyone with $80 and an hour of time. There were even delivery services – you can get your marijuana delivered to you 24 hours a day”¦in 30 minutes or less. The pizza companies have nothing on these guys! It was amazing if you think about it from an economic standpoint – this was capitalism, the free market – working its wonders around an industry.
What’s the point?
Virtually EVERY single one of those businesses was either directly violating federal law, or aiding someone else in doing so because marijuana is illegal, according to the feds – but not the constitution – in all situations. In 2003, Tommy Chong was arrested for merely selling pieces of glass – pipes that could be used to smoke marijuana. And today, 7 years later, we’ve got what seemed to be the WalMart of weed in Downtown Los Angeles. And guess what – no ATF or DEA thugs shut the place down. Business functioned, people did what they wanted to in freedom, and that was that.
FREEDOM TO TRAVEL
Another quick story.
In 2005, the Bush administration got the REAL ID act passed, which was – in the eyes of many – a new form of a national id card. We were warned that if this act wasn’t followed, people wouldn’t be able to travel, enter federal buildings, get on planes, and the like.
Much of my girlfriend’s family lives in Missouri, a state that’s not in compliance with the Real ID act. Her relatives do a little traveling from time to time. They get on airplanes and show their non-compliant Missouri driver’s license. No federal agents stop them and prevent them from boarding a plane.
Well, most state DL’s – including those in Missouri – don’t comply with the Real ID Act. That law is still on the books in DC – it’s never been repealed. It’s never been challenged in court either. But – due to 25 states refusing to comply with the “law” – in much of the country that Real ID act is virtually null and void.
Here in California- the state always seems to be on its knees, begging the feds for something. Well, except on marijuana. In 2005, the Supreme Court ruled that state medical marijuana laws were illegal. At that time there were 10 states that had such laws. Do you know how many were repealed? Zero. And today, there’s 14 states defying Washington dc, and getting away with it.
Today, we see the Firearms Freedom Act movement growing along these lines – it’s already passed in 8 states. Following that lead, 5 states have passed laws saying no to Obamacare mandates too.
THE LESSON
What’s the lesson? This is the blueprint – when enough people say no to unconstitutional laws, regulations….and mandates….and enough states pass laws to back those people up – there’s not much the federal government can do, but slowly and consistently back off. There’s no tanks rolling into Los Angeles to shut down the dispensaries, and there’s no jack-booted thugs forcing people to get new driver’s licenses in Missouri. This is far from perfect, but it can work, and it is working right now.
So here’s the final question – and the big challenge to you today.
The next time you begrudgingly follow some federal “law” that restricts your right to keep and bear arms – or the next time you hear about a gun rights case that will be decided in 2, or 4, or 6 years – with the hope that some judge will give you permission to exercise your rights, ask yourself this question:
Do you….gun rights activists….have as much courage as the pot smokers?
For the sake of liberty – I hope you do – because I believe that we the people need to exercise our rights whether they the government wants to give us “permission” to or not!
I believe it was Gandi who once said (I saw this on Gandi movie) where he said that it wasn't conceivable that a handload of british soldiers could tell millions of people what to do. The result was that he managed to shut down the Brits authority. I wish there was a similar movement in this country where we simply said "No" and continued to live our lives free of any government aurhority. I bet for 99.9% of the lives of the people will not change or be affected in a negative way at all.
Wow! That was a GREAT speech!!! The article is very good but the video really keeps you hanging at the end and drives home the point that people need to have the guts to say "No" to the feds.
I suspect TPTB are more aggressive about enforcing federal gun laws than they seem to be about pot laws, though. But, maybe I'm wrong. It would be helpful if anyone is aware of any open defiance of unconstitutional federal gun laws that is working somewhere in the US.
Anyway, the point remains: It was a great speech and I thank you for having the guts to stand up and say it!!
Thanks!
I forgot to say that it was wise of you to avoid the issue of whether the 2nd amendment applies as against the States. That seems to be a major problem for a lot of gun folks.
I'm a gun owner and shoot regularly with my son. Nevertheless, I don't believe the 2nd amendment applies as against the States because I believe the US Constitution is, unless specifically stated otherwise, a document limiting the federal government.
Further, FWIW, I don't believe the 14th amendment changes the analysis although it certainly mucks it up.
I use to think that as well but then I realized that its not the amendments but the powers granted to the federal government that determines what it can do. There is no power by the federal government to tell a state it can't ban guns nor is there any limitation on a state on gun bans. The 2nd amendment can only apply to the federal government only since it does not create a new limitation for the states or grant it powers to the federal government to do so.
Great speech, Michael.
One of the main obstacles to getting the ”tenther” movement and the message of freedom to spread is that too many people claim they are for freedom on some issues (guns, taxes), but simultaneously claim to be anti-freedom on others (marijuana, gay-marriage). Our two-party political system has raised people to believe that based on which party you subscribe to, you are supposed to advocate for either the federal government to get out of the way in regard to things that you like and to get in the way of people doing things that you don't like. This is the essence of the problem. To truly embrace freedom and the tenth amendment movement, people need to start opposing federal involvement in EVERY area that is not authorized under the Constitution and not only in the activities which they personally disapprove.
…cont…
For example, I know many republicans who constantly decry government interference in gun ownership and business, but practically BEG for it when it comes to banning gay marriage and drug use. The same goes for the other side; I know many democrats who say that government needs to get out of the way when it comes to marijuana and gays in the military, but they decry any attempt to lift the federal ban on abortion and/or repeal federal gun laws. It just doesn't make any sense.
Personally, I am not a drug user and personally oppose marijuana. However, I adamantly oppose federal regulation of the substance and fail to see how others using it affects me in any meaningful way. To be consistent in my support of freedom, I have learned to oppose federal regulation, even of activities that I do not like nor participate in. This is the point of a free society.
…cont…
…cont…
Like Michael Boldin often says, we need to embrace an "every issue, every time" mindset when it comes to the Tenth Amendment. We should support freedom for ALL issues and let the states/people decide LOCALLY what is best for them and their communities.
The two-party system continues to divide and conquer us on and issue-by-issue basis, propagating an us-versus-them mentality in order to herd us like sheep toward a particular political party. Prove to them that this won't work any longer by opposing federal intervention in ANY area that is not authorized in the Constitution! Support freedom by being consistent in your defense of liberty, regardless of the issue!
Well stated!
The two party system MUST go… and a purely popular vote re-instated
The sticky part of "every issue every time" comes about when one starts considering federal civil rights legislation.
I've always been astonished how gun nuts so freely use statist language like "law abiding citizen" as if it helps to bifurcate society into two exclusive groups of the obedient and the enemies of civil society.
I'm always amazed how people on the left describe their opponents as having a psychological dissorder like 'gun nuts', 'homophobia', or 'islamphobia'. Its a way of turning people's thoughts into psychological problems that have to fixed or augmented by the state.
Anyways, I agree with you that law-biding is a term to say obedient citizens but it depends on what law we are following. Are we followning the constitution or the laws created by a legislative body. The constitution is above that body and not directly created by that body so we are not following the will of any person but the law itself. This is not subserviance but a state of equality between the government and the people. If we follow the law laid out by the legislature then we are being subserviant to the will of other people. That shouldn't do for free people.
You pot heads are deluding yourselves if you think pot has no effect on your health or behavior. The states have anti-pot laws too, which falls under the states rights umbrella. You are simply watering down our tenth amendment message.
not understanding context happens when reading an article – but there IS a video here too. did you watch it? This was the freaking GUN RIGHTS POLICY CONFERENCE – and the crowd roared. Why? Because they get it – the message was not about pot – it was about being free, whether the government wants you to or not.
Do YOU have that kind of courage?
And by the way – do YOU oppose ALL federal marijuana laws? If not, the only one watering down the Tenth Amendment message is YOU. Becuase YOU advocate violating the constitution.
GP
Nothing in the article or speech said or implied that using pot is a good idea. The point was that resistance is effective. To me, it bodes well for nullification which is a kind of civil 'disobedience.' The article and speech are very helpful/hopeful messages.
Rather than watering down the message, examples of people successfully telling the feds to shove it might embolden others to do so on any issue where the feds have overstepped their power.
Finally, juxtaposing pot and guns was a VERY effective technique because it got the attention of the audience and will make them think a lot harder than if he had just told them exactly what they wanted to hear.
You really should watch the video if you haven't. It was a VERY effective presentation.
Can you say "no" to taxes? And if so, how long will you live your life after that?
Now we're getting down to the rub. It seems to me that we are dependent upon state government to step-up and "defend" the individual's rights in these instances.
It will be interesting to see how the Obamacare mess shakes out. Okay, several state legislatures have effectively repealed the law. Missouri voters overwhelmingly rejected it by referendum with 72% of the vote. 20 state attorneys general have filed suit claiming certain provisions are unconstitutional.
Now what?
It is one thing to say, "not in our state." It is another for the state to effectively impound the tax dollars associated with this nightmare, keeping the money from the feds. (You know you're in trouble when a new law requires 16,000 new IRS agents.)
Sooner or later, the individual will find himself dependent upon state government and sheriffs to protect or stand for his rights.
Until the 16th amendment is repealed, you can't accurately state income tax can be ignored :>(
One of the main issues between the states and the feds is the feds control the states which is the antithesis of what is supposed to occur.
I live in a state that says I can not protect my family and possessions inside my home. If someone is kicking in my front door and the state can prove that I could have fled with my family out the back door, I will be found guilty of manslaughter.
I have to fight the federal government and support given them by the NRA first, then I must address my state. If I could focus on my state and not worry about the illegal activities of the federal government, my state would be way different. All states would be very different.
If I carried a firearm in my state and was caught doing so, I am going to prison. So just stepping up and having the courage is not the answer. We first have to stop the criminals in government so we can reclaim the freedoms that are rightfully ours. We are slaves at this current time. Our parents and grandparents failed us in not stepping up to the tyranny of government and now this fight lands on us.
Will you do as your parents and grandparents and pass this fight on to your children or will you step up shed the yoke of tyranny?
But this is exactly opposite of what is talked about here – you might be missing the lesson. People who sold and purchased marijuana were being arrested all over the place – hundreds of thousands every year. In fact, just 7 years ago, Tommy Chong went to prison for just selling glass pipes, not even marijuana.
If enough people with guns had the same courage, in the coming years we would likely see the same result – the feds cannot arrest everyone. Marijuana advocates have been getting arrested by the hundreds of thousands for years. ….seriously…that many people. Gun rights activists always seem to say “But I’d get arrested”
who has more courage then?
As always, great speech Michael…keep up the good work and we will keep spreading the message of freedom on every issue, every time!!!
Great movement! My wife lives in fear of the gov every time I resist. Being stopped without cause or questioned for same.. I especially hate the DOT… this Fear generating dept. is the epidemy of evil and one of the greatest violaters of our rights. Logs, control of my time labor etc.. over taxed ,exuberant fines and the fact they can just be ruffians can enter your truck without your consent or without cause…..I for one have had enough….
Damn straight