The FBI office in charge of the National Instant Background Criminal Background Check System said in a statement:
“As the FBI’s National Instant Criminal Background Check System (NICS) Section works through the impact of the COVID-19 operationally, we are working to maintain our services. We are aware that states may be considering options to protect the health and safety of their employees, which may include a reduction in office availability or even closure to some offices.”
https://www.washingtonexaminer.com/washington-secrets/fbi-300-spike-in-gun-buy-checks-huge-backlogs-shutdown-threatenedAccording to the US Supreme Court it is unconstitutional to :
Require a precondition (background check) on the exercising of a right (Guinn v US 1915, Lane v Wilson 1939);
Require a license (government permission) to exercise a right (Murdock v PA 1943, Lovell v City of Griffin 1939, Freedman v MD 1965, Near v MN 1931, Miranda v AZ 1966);
Delay (waiting period) the exercising of a right (Org. for a Better Austin v Keefe 1971);
Brady Act Background checks compelled as a precondition to the purchase of a firearm:
The right to keep and bear arms encompasses the right to buy and sell firearms. The Ninth Circuit has so ruled.
The Brady Acts' First purpose compelling citizens to ask government permission to exercise a right. This converts the right into a government-issued permission and the permission is revocable. Conversion of our right to keep and bear arms into a revocable government-issued permission was one of two fundamental purposes of the Brady Handgun Violence Prevention Act of 1993.
The second purpose of the Brady Handgun Violence Prevention Act of 1993 was to sucker citizens into supporting destruction of their Fourth, Fifth, Ninth, and Tenth Amendment-guaranteed rights as a pre-condition to obtaining government permission to exercise their right to keep and bear arms.
The Fourth Amendment to the U.S. Constitution provides and requires: “The right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” A NICS Background Check is a SEARCH of our “papers and effects,” albeit on government databases, and is
compelled without a warrant, and without probable cause of criminal conduct. The noted records are NOT public records and may not be accessed absent criminal investigation. The compelled NICS background check is therefore a violation of our Fourth Amendment-protected rights whether done at the point of sale at a commercial business or compelled prior to the personal sale or transfer of a firearm to a private party.
The Fifth Amendment to the U.S. Constitution provides and requires in pertinent part: “
No person shall … be deprived of life, liberty, or property, without due process of law …” Due process of law is defined NOT by some government overseer monitoring the purchase or sale of firearms, but rather by a criminal court trial and conviction of criminal wrongdoing by a jury of the defendant’s peers. Absent a criminal court trial, withholding a citizen’s right to keep and bear arms is a
TAKING of the right to keep and bear arms as well as our right to property, all in violation of our Fifth Amendment-protected right.
In addition, absent a criminal court trial and all the protections of our liberties attendant thereto, the confiscation of a citizen’s property by ex parte order of a Court as a function of a so-called “Red Flag Law” aka “Extreme Risk Protection Order” aka “Stop Order” is an egregious violation of our Fifth Amendment-protected right to due process. FURTHERMORE, an order by a Court to the victim of a Red Flag Law to undergo a mental health evaluation based upon his willingness to cooperate
or lack thereof, is a SEARCH in violation of our Fourth Amendment-protected right
against unreasonable search. (Aside: An unwarranted search not supported by probable cause of criminal wrongdoing IS an “unreasonable search.”)
The Ninth Amendment to the Constitution of the United States provides and requires
“The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people.” It is a long-standing doctrine of law that
a person cannot be compelled to give up a right in order to exercise a right, and this right is protected by the Ninth Amendment. The Brady Handgun Violence Prevention Act of 1993 compels the citizen to give up a whole raft of rights in exchange for revocable government-issued “permission” to exercise the citizen’s right to keep and bear arms – permission no government at any level has any delegated subject matter jurisdiction to issue or deny.
The Tenth Amendment to the Constitution of the United States provides and requires
“The powers not delegated to the United States by the Constitution, nor prohibited to it by the States, are reserved to the States respectively, or to the people.”A law’s existence can’t be the source of its own constitutional validity.
No power is delegated to the federal government to even license firearm dealers, let alone compel them to violate the aforementioned rights of their customers. Therefore it is unConstitutional for the federal government to do so.
The States are specifically prohibited by the Bill of Rights from interfering with our right to keep and bear arms, our right to be secure from unwarranted and unreasonable search, our right to be secure from the taking of any right without due process, and our right to be secure from being compelled to give up any right in order to exercise any right. Therefore it is a violation of the Tenth Amendment prohibition for any State to do so.
THEREFORE, these rights, ALL OF THEM, are reserved to the people – and the people cannot delegate these rights to government as powers, for government is prohibited from exercising them.
