Gary Franchi: Idaho Goes Constitution Carry

Gary Franchi

 

I share Gary Franchi’s bewilderment about the fact that it is absurd that any American must have some kind of silly State “permit” to carry their arms either openly or concealed. The Second Amendment, plain and simple, is every law-abiding American’s permit to carry weapons any way they wish. The American public has been brain-washed into thinking that some silly statute or code-annotated or regulation or rule-of-the-court is necessary before they are “given the right” to exercise rights they already have. Sheesh!

That aside, the push for Constitutional rule of law in America is gaining steam. A number of States have got the government out of the business of owning citizens’ bodies under the rubric of the so-called “War on Drugs”, and in the video below we learn that nine States have now gone to Constitution Carry, which means that citizens in good standing need not apply for or furnish-on-demand any bogus “permit” to do what the Constitution already protects their right to do. This is good news for a good Sunday.

Enjoy the good news at the Next News Network with Gary Franchi:

With a Salute! to Freedom’s Phoenix for sending this one.

Elias Alias, editor

Comments

  1. JP 3 April, 2016, 17:05

    HURRAY FOR IDAHO !!

    Reply this comment
    • reader 11 April, 2016, 21:43

      My concern is, what do their neighbors immediately on the borders of Idaho need anticipate? I am against registration and serialization of any kind, period. If the manufacturer wishes to put a serial number on a weapon that is his right to do so. I don’t have to purchase it if I don’t want to.
      However, for purposes of correcting material defects of any nature, it is wise for a manufacturer to do that.
      Same for persons selling firearms, a serial number allows them to correspond with and continue in a business relationship with their buyers. These are the links in the chain that are solidly forged.
      What I object to, is once the purchaser is determined to be qualified to be in possession of a firearm, which is a legitimate concern of the community being aided by their authorities, then should a purchase be completedc or not, is no one else’s business other than the buyer and the seller..
      If I have a desire to improve my success as other than a permanent resident of Idaho in crossing their border between my state and theirs, then I might let them know I am coming. It would not be necessary to let them know I was in possession of a firearm because if they thought it appropriate to examine me, they could do it on my heads up that I was entering their state. They could do it at anytime I might be detained. That should be entirely at personal discretion.
      On a personal level, I would not tell them I was coming armed . They could determined my status once I might be detained for any cause.
      I don’t tell businesses that I enter I am armed, and I don’t think it appropriate that we must notify differing states. Especially, if their own citizens are “free carry.”

      Reply this comment
  2. Joseph S. Carrilho 3 April, 2016, 18:53

    Thank you for this article Elias. This is indeed great news.
    A fellow names Jack posted the following list on You Tube: The nine U.S. States with Constitutional carry: VT, AK, AZ, AR, ID, KS, ME, WV, WY.….Concealed and open carry BOTH make good sense.
    I need to do some research and hopefully get the hell out of San Diego.

    Reply this comment
  3. Badger 3 April, 2016, 19:06

    California’s right behind!!!! or is it Left out?

    Reply this comment
    • Nancy 4 April, 2016, 22:26

      Not much hope for California gun rights in my opinion. For three years I lived close enough to the Capitol to attend Senate and Assembly hearings and speak as a citizen. One day, hundreds of us attended an all day Senate hearing on multiple gun bills. There is very little common sense and lots of leftist anti-gun ideology in that building. All the times I attended over a period of three years, the votes were straight party lines.

      Most of my extended family left California in 2014. We moved to Idaho.

      Reply this comment
  4. JJM 3 April, 2016, 20:33

    I was happy to see Open Carry legalized in my state – but only if you have a concealed permit!!! Since I don’t want my name added to any additional LISTS, need to push for CONSTITUTIONAL CARRY.

    Reply this comment
  5. CoosaTotahK9 3 April, 2016, 21:14

    It is very good that Idaho now has a government passed law that permits, has granted, Idaho citizens the authority to exercise their individual pre-existing God-given unalienable (inseparable from their human existence) Right to carry a firearm (arms) without being licensed by the state. All well and good except it is still a half bubble off plum!

    “The Second Amendment, plain and simple, is” “NOT” “every law-abiding American’s permit to carry weapons any way they wish.” The Second amendment DOES NOT grant you, loan you, give you permission to do anything!!!!! It lays down further protection of that which you ALREADY HAVE!!!!! A pre-existing God-given unalienable Right! Our Right to carry the most technologically advanced arms for self defense is a pre-existing, before any man-made laws, God-given unalienable, inseparable from our human existence, Right. Government has NO authority to deny, oppress, or restrict that Right. It is above any man-made law. By the simple fact of government meddling with who can and can not exercise the Right, government has become a tyrant and has violated not only our Rights but the authority of the Right giver, our Creator!

    “That to secure these Rights governments are instituted among men…” DoI Governments are not made to grant or give out, or to control Rights, governments are made to secure, to protect, that which existed from the beginning, pre-existing Rights, being endowed upon us by our Creator. So that everyone can exercise their Rights EQUALLY without violating another person’s equal Right to do the same. And to punish those who do violate the Rights of others.

    There is NO such thing as Constitutional Rights! Our Rights come from our Creator, not the government! There is, however, Constitutional authorities or powers. Tenth Amendment. Only individual people can have Rights as this has been endowed upon us by our Creator. Ninth Amendment.

    Notice something about Idaho’s law, ONLY residents are PERMITTED to carry a firearm without a permit. I don’t know about you, but, my rights do not stop at the state line! This is like saying only Idaho residents can have free speech, all others are restricted.

    Reply this comment
    • trefarmer 4 April, 2016, 02:22

      The Constitution is a contract between the people and the government for which the Government is to protect and defend this contract for the people. The Government can not one sided alter that contract.

      Reply this comment
  6. Unknown Ranger 4 April, 2016, 03:53

    Know waiting periods or universal background checks like California ?

    Reply this comment
    • Nancy 4 April, 2016, 21:56

      No waiting period! A pleasant change for this former Californian.

      “Idaho is not a point of contact state for NICS. Idaho has no law requiring firearms dealers to initiate a background check prior to transferring a firearm. In Idaho, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser prohibitions referenced above.1” http://smartgunlaws.org/background-checks-in-idaho/

      Reply this comment
  7. Chip 4 April, 2016, 04:17

    The only people more freaked out than Lib-tards would be Gov.tards…they are not about to give up the control they’ve lulled us into. It will be very interesting to watch how the sheriffs respond here…especially those who try to sit on the fence. I was encouraged when ours reacted positively to the news that Sheriff Clarke was going to be key note at our OK Awards Dinner.

    Reply this comment
  8. Cal 4 April, 2016, 07:51

    First, under the US Constitution, all fifty states are “constitutional carry”, and of all weapons that any who serve in the US Military use is also to be trained on, and then used by all Americans IF needed, in defense of each state and/or our nation.

    President Andrew Johnson: “Outside of the Constitution we have no legal authority more than private citizens, and within it we have only so much as that instrument gives us. This broad principle limits all our functions and applies to all subjects.”

    Alexander Hamilton: “Every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.”

    Tench Coxe, Delegate to the Constitutional Convention of 1787: “The power of the sword, say the minority…, is in the hands of Congress. My friends and countrymen, IT IS NOT SO, FOR THE POWERS OF THE SWORD ARE IN THE HANDS OF THE YEOMANRY OF AMERICA FROM SIXTEEN TO SIXTY. THE MILITIA of these free commonwealths, entitled and accustomed to their arms, when compared with any possible army, must be tremendous and irresistible. WHO ARE THE MILITIA? ARE THEY NOT OURSELVES? Is it feared, then, that we shall turn our arms each man against his own bosom.
    CONGRESS HAS NO POWER TO DISARM THE MILITIA. THEIR SWORDS AND EVERY TERRIBLE IMPLEMENT OF THE SOLDIER ARE THE BIRTHRIGHT OF AMERICANS. “

    Remember that those who serve within our governments are REQUIRED to use the Militia made up of the American people and those LAWFULLY allowed to be here. By the requirement requiring them to use the Militia they are thereby forbidden to use anyone else to:
    — Enforce the US Constitution and each state’s Constitution,
    — Enforce and keep the “Laws of the Union” (which are constitutional laws ONLY),
    — Protect the country against all enemies both domestic and foreign, and
    — “to suppress Insurrections and repel Invasions”

    Thomas Jefferson: “Our rulers can have no authority over natural rights, only as we have submitted to them. The rights of conscience we never submitted. We are answerable for them to our God. The legitimate powers of government extend to such acts only as injurious to others.”

    Cockrum v. State: “The right of a citizen to bear arms, in lawful defense of himself or the State, is absolute. He does not derive it from the State government. It is one of the high powers delegated directly to the citizen, and is excepted out of the general powers of government. A law cannot be passed to infringe upon or impair it, because it is above the law, and independent of the lawmaking power”.

    Bliss v. Commonwealth: “Arms restrictions – even concealed weapons bans – are unconstitutional, since arms bearing is an individual right and the legislature may not restrict any aspect of such a right.”

    Nunn vs. State: ‘The right of the people to keep and bear arms shall not be infringed.’ The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the milita, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State. Our opinion is that any law, State or Federal, is repugnant to the Constitution, and void, which contravenes this right”.

    Andrews v. State explains, this “passage from Story, shows clearly that this right was intended, as we have maintained in this opinion, and was guaranteed to, and to be exercised and enjoyed by the citizen as such, and not by him as a soldier, or in defense solely of his political rights.”

    Black’s Law Dictionary, Fifth Edition, defines “legal” as: Color of law. The appearance or semblance, without the substance, of legal right. Misuse of power, possessed by virtue of state law and made possible only because wrongdoer is clothed with authority of state, is action taken under “color of law.”
    Black’s Law Dictionary, Fifth Edition, page 241.

    Not one branch or position within a branch of our governments was delegated the authority to alter or change how any person defends themselves, with which type of weapon, or how they may carry that/those weapon(s). It is not an authority that the people delegated to either the state or general (federal) government. The supreme LAW of our land makes clear that it is not an authority delegated and it IS in writing.

    The US Constitution REQUIRES all able-bodied Americans and those LAWFULLY allowed to be here to carry weapons and to train with them. The duties assigned to those that serve within the state and general (federal) governments have TO the people as the Militia is found in Article 1, Section 8, Clause 16.

    Clause 16: “To provide for organizing, ARMING, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress”.

    Joel Barlow, Revolutionary War veteran, wrote “Advice to the Privileged Orders, in the Several States of Europe”, clergyman, theologian, popular poet, successful diplomat, and American whose political writings were debated on the floor of Parliament said of the US Constitution: “… not only permitting every man to arm, but obliging him to arm.”

    An editorial on Gage’s proclamation stressed that an armed populace must keep government in check: “The opposing an arbitrary measure, or resisting an illegal force, is no more rebellion than to refuse obedience to a highway-man who demands your purse, or to fight a wild beast, that came to devour you. It is morally lawful, in all limited governments, to resist that force that wants political power, from the petty constable to the king…. THEY ARE REBELS WHO ARM AGAINST THE CONSTITUTION, NOT THEY WHO DEFEND IT BY ARMS.” “A Freeman,” PA. EVENING POST, June 27, 1775, at 2. [Vol. 7:2]

    Americans are to be trained in the use of and to have access to all weapons of war, even to the extent of never counting on those who serve within our governments to supply them. We are to have our own manufacturers of such weapons as they may become treasonous in their natures and wish to disarm Americans to the citizens peril. Those that serve within our governments were not delegated the authority to decide on who, or when, or even what type of arms we may carry; nor was the authority delegated to any branch to be able to control in any way our own manufacturing of such weapons.

    John Smilie warned: “”Congress may give us a select militia which will, in fact, be a standing army – or Congress, afraid of a general militia, may say there shall be no militia at all. When a select militia is formed; the people in general may be disarmed.”

    James Wilson, who had urged Coxe to write “An American Citizen IV,” contended that the Constitution already allowed for the ultimate force in the people: “”In its principles, it is surely democratical; for, however wide and various the firearms of power may appear, they may all be traced to one source, the people.”

    George Washington: “A free people ought not only to be armed, but disciplined; to which end a uniform and well-digested plan is requisite; and THEIR SAFETY AND INTEREST REQUIRE THAT THEY SHOULD PROMOTE SUCH MANUFACTORIES AS TEND TO RENDER THEM INDEPENDENT OF OTHERS FOR ESSENTIAL, PARTICULARLY MILITARY, SUPPLIES.”
    sh to disarm Americans.

    The Preamble to the Bill of Rights makes it very clear that those that serve within our governments are FORBIDDEN that authority, and others written into the Bill of Rights:

    “Congress OF THE United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

    THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.
    …”

    Article. VI: “… This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

    The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, BOTH OF THE UNITED STATES AND OF THE SEVERAL STATES, SHALL BE BOUND BY OATH OR AFFIRMATION, TO SUPPORT THIS CONSTITUTION; …”

    Thomas Jefferson: “When once a republic is corrupted, there is no possibility of remedying any of the growing evils but by removing the corruption and restoring its lost principles; every other correction is either useless or a new evil.”

    Abraham Lincoln: “We, the people, are the rightful masters of both congress and the courts – not to overthrow the constitution, but to overthrow men who pervert the Constitution.”

    Reply this comment
    • Frank 4 April, 2016, 16:12

      Wow, Cal, these are nice notes. You’ve been studying the common law basis of our Constitution, like Chief Justice Taft said we must do to understand the document. Thanks for the resources you cite–will pass around.

      Reply this comment
  9. Rabid vDog 4 April, 2016, 08:44

    Requiring a license to “open carry” is like requiring a pedestrian to have a permit to walk on a sidewalk.

    What gives THEM the authority is the submission to the rule by the sheeple that do not want to rock the boat. Permits to carry a weapon or open carry is only for the reason of knowing who and where you live when the state gets the call for outright gun confiscation.

    If you are a country with 2,000 nukes and the world thinks you have none….do you pull-out your nukes during a military parade?

    Reply this comment
  10. Primitive Pete 5 April, 2016, 19:37

    As long as these States do not nullify the Safe School Zones Act of 1994 there is no such thing as Constitutional Carry. Anyone who carries without a State Issued Permit within 1000 feet of School Property is in violation of federal law.
    Push for your State Legislators to FINISH THE JOB.

    Reply this comment
    • Cal 6 April, 2016, 10:56

      It is important to remember (or learn) that the U.S. Constitution is the supreme law of the land. One must read it to know that the only crimes assigned to the federal government in the Constitution for law enforcement purposes are Treason, Piracy, Counterfeiting, and International law violations. That’s all that was delegated to those who serve within the federal government! All other law enforcement matters are the within the authority retained by the individual states.

      It is also important to understand this quote by James Madison, found within Federalist 39:

      “Each State, in ratifying the Constitution, is considered as a sovereign body, independent of all others, and only to be bound by its own voluntary act. In this relation, then, the new Constitution will, if established, be a FEDERAL, and not a NATIONAL constitution.” (It was established)

      Show me where in the US Constitution that those that serve within the general (federal) government were delegated that authority over our natural rights. Because if it is NOT an authority directly delegated to the three branches or to the specific name offices within the US Constitution, then it is FORBIDDEN to them to use. That is why it is called a “usurpation” of powers. It is criminal in its action, and, unfortunately all who serve within our governments – state and general – that allows this criminal act(s) to go on are as guilty as are those that created it/them.

      It is NOT delegated to those that serve within our governments, it is a power “We the people” retained for ourselves and is above the authorities of those who serve within our governments. It is Treason to have created such a “law” (in actuality color of law), and makes the enforcers *Terrorists and Traitors against the American people.

      *28 C.F.R. Section 0.85 Terrorism is defined as “the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives”.

      George Washington, “Sentiments on a Peace Establishment”, letter to Alexander Hamilton; “The Writings of George Washington”: “It may be laid down, as a primary position, and the basis of our system, that every citizen who enjoys the protection of a free government…, but even of his personal services to the defence of it, and consequently that the Citizens of America (with a few legal and official exceptions) from 18 to 50 Years of Age should be borne on the Militia Rolls, provided with uniform Arms, and so far accustomed to the use of them, that the Total strength of the Country might be called forth at Short Notice on any very interesting Emergency.”

      St John Tucker: “The congress of the United States possesses no power to regulate, or interfere with the domestic concerns, or police of any state: it belongs not to them to establish any rules respecting the rights of property; nor will the constitution permit any prohibition of arms to the people;…”

      Thomas Jefferson: “The several States composing, the United States of America, are not united on the principle of unlimited submission to their general government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a general government for special purposes — delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force: that to this compact each State acceded as a State, and is an integral part, its co-States forming, as to itself, the other party: that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party (the people) has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.”

      U.S. Supreme Court CAHA v. U.S., 152 U.S. 211: “Generally speaking, within any state of this Union the preservation of the peace and the protection of person and property are the functions of the state government, and are NO PART of the primary duty, at least, of the nation. The laws of congress in respect to those matters DO NOT extend into the territorial limits of the states, but have force ONLY in the District of Columbia, and other places that are within the exclusive jurisdiction of the national government.”

      Cooley, The General Principles of Constitutional Law, 3rd. ed. (1898), pp. 386-387. (Little & Brown Co.).: “In the construction of these instruments the following rules are actually observed:
      1. The practical construction must be uniform. A constitution does not mean one thing at one time and another at some subsequent time.
      2. The object of construction is to give effect to the intent of the people in establishing the Constitution; it is the intent of the law giver that is to be enforced. But the intent is to be found in the instrument itself. . .”

      Reply this comment

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