Gun people talk tough.

“You can have my gun when they pry it from my cold, dead hand.”

But all the bluster disappears when talk turns to the Supreme Court and the possibility of an opinion that undermines the Second Amendment. Last year’s prospect of a Hillary Clinton Supreme Court nominee turned millions of gun rights advocates into quivering bowls of Jello.

Granted, Hillary made some comments in the presidential debates that revealed she’s no friend of the individual right to keep and bear arms. (But we knew that, right?) Her comments regarding the Heller decision sent the gun people into abject panic. Social media lit up with pro-Second Amendment types imploring everyone they have to vote for Trump to keep Hillary from “shredding” the Second Amendment (Never mind that Trump has a squishy history on the Second himself.) One Facebook poster glumly predicted that Hillary would “take all of our guns” if elected president and allowed to appoint a justice or two to the Supreme Court.

A Wall Street Journal op-ed channeled the hysteria in more measured tones.

If the Justices she appoints agree with her, then they can gradually turn Heller into a shell of a right, restriction by restriction, even without overturning the precedent.”

Basically, the message I got from pro-gun people last year goes something like this: “OMG! It’s all over for our right to own firearms if Hillary wins the election. Vote Trump to save our guns!”

How in the world did we get from “they’ll have to pry it from my cold dead hands,” to complete panic because some politically connected lawyers wearing black dresses in Washington D.C. might issue an opinion? Why do the gun people place so much stock and faith in politicians and legal pronouncements to “protect” their natural right to defend themselves? They act like the government gave them the right, so therefore the government can take it away by mere pronouncement.

It’s time for the gun people to grow a spine like the weed people, and simply nullify these attempts by the political class in Washington D.C. to limit their right to keep and bear arms.

Yes. The potheads have more guts, courage and political acumen than the gun people.

I’ve never heard a cannabis activist say, “Well, the Supreme Court ruled the feds can prohibit marijuana. Guess I’ll give up my weed.”

No. First, the weed people just ignored the government and used marijuana anyway. They simply refused to comply. Then they brushed off their hands and got busy at the state and local level.

According to an article on, marijuana activists started in California where there was a great deal of popular support and passed Prop 215 in 1996. When the feds cracked down, they didn’t give up. When the Supreme Court ruled against them, they didn’t panic. When the DEA closed down one medical marijuana dispensary, they opened two more. They just kept pushing on.

Today, more than half the states in the country have legalized marijuana for medical use. Eight states have legalized marijuana completely.

State, local and individual action has effectively nullified federal marijuana prohibition in half the country. Heck, they’ve even nullified it in the federal city of Washington D.C. Congress can pass all the laws it wants. Presidents can sign executive orders to their heart’s content. The Supreme Court can issue its opinions. But without state and local cooperation, the federal government can’t enforce a damn thing.

The ATF employs about 2,400 special agents. Do you really think that small group of people can impose federal gun laws on more than 300 million reluctant people encompassing 3,794,083 square miles without state and local cooperation? They couldn’t enforce the marijuana laws once people and states simply started ignoring them. They won’t be able to enforce the gun laws either.

The gun people need learn a thing or two from the weed people. Stop obsessing over federal action and Supreme Court rulings. Stop the Supreme Court panic. Stop acting like anyone election will forever end your gun rights.


Just stop.

Pull your pants up, square your shoulders, get busy and nullify the unlawful federal actions that infringe on your natural right to keep and bear arms.

The weed people did it. Surely you can too. Heck, it’s a lot less drastic than the whole “out of my cold, dead hands” thing.

Mike Maharrey

The 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”



Featured Articles

On the Constitution, history, the founders, and analysis of current events.

featured articles


Tenther Blog and News

Nullification news, quick takes, history, interviews, podcasts and much more.

tenther blog


State of the Nullification Movement

232 pages. History, constitutionality, and application today.

get the report


Path to Liberty

Our flagship podcast. Michael Boldin on the constitution, history, and strategy for liberty today

path to liberty


maharrey minute

The title says it all. Mike Maharrey with a 1 minute take on issues under a 10th Amendment lens. maharrey minute

Tenther Essentials

2-4 minute videos on key Constitutional issues - history, and application today


Join TAC, Support Liberty!

Nothing helps us get the job done more than the financial support of our members, from just $2/month!



The 10th Amendment

History, meaning, and purpose - the "Foundation of the Constitution."

10th Amendment



Get an overview of the principles, background, and application in history - and today.