Pro Second Amendment
Incumbents & Gun Raids

July 14, 2006

By Devvy Kidd

"The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation and foreign commerce. ... The powers reserved to the several States will extend to all the objects which in the ordinary course of affairs, concern the lives and liberties, and properties of the people, and the internal order, improvement and prosperity of the State. – James Madison, author of U.S. Constitution, Federalist Paper No. 45

This column is two fold in scope: supporting pro Second Amendment incumbents and the recent raid on Richard Celata who owns KT Ordnance. I happen to know Richard and consider him a friend. I purchased a fine set of Made in America cast iron cookware for my new home from him; Richard is a distributor of this product and a wonderful line of organic products from Promised Land. This raid was conducted by the ATF, FBI and Canadian ATF. The raid was conducted with a search warrant, but the affidavit is still under seal. The local Sheriff determined that the warrant was valid and allowed foreign law enforcement to participate in a witch hunt against an individual engaged in a legal enterprise.

Richard still has not been indicted or charged with any crime; his life sits in limbo. These federal dragoons came into his home (20+), confiscated his computers, all of his inventory, some of his tooling and fixtures, his computer and paper records. In other words, a vocal supporter of Dr. Edwin Vieira's project to reconstitute the state militias under the control of the state as mandated by the Second Amendment is now a target of the Bush Administration. Richard notified me the day after the raid that the FBI questioned him about specific individuals. Besides Edwin and Aaron Zelman (Jews for the Jews Preservation of Firearms Ownership, Inc.), Richard was asked if I was "anti-government" and "seditious." As regular readers know, I have been making every effort to educate and motivate Americans to pursue the critical issue of the state militias by putting Dr. Edwin Vieira's scholarly writings on a CD so everyone can learn. It would appear that these CDs and the message is starting to get under the skin of the shadow government.

The first question that came to the minds of many was how could Canadian law enforcement (ATF) participate in this raid? No doubt this was done under international treaty: "Celata was told, without being shown any supporting evidence, that five of the pistols he had sold were used to commit murders in Canada." The claim here is that Richard has committed an offense against the laws of a nation; see below.

The BATF (Bureau of Alcohol, Tobacco and Firearms) originally was under the Treasury Department, but in 2003, control was transferred to the insidious, worthless Department of Homeland Security. For window dressing and PR value, the name was also changed to Bureau of Alcohol, Tobacco, Firearms and Explosives. According to their official propaganda page: "The U.S. Bureau of Alcohol, Tobacco and Firearms (ATF) is a tax-collecting, enforcement and regulatory arm of the U.S. Department of the Treasury."

"....tax collecting, enforcement and regulatory arm of the U.S. Department of the Treasury." If that is their mission, why did they raid Richard's business? Taxes owed on the products he sold? Even though the affidavit is conveniently sealed, there is no chance this is the reason. Apparently, the claim - backed up by nothing - is that Richard sold guns used in Canada to kill people.

Larry Becraft is a constitutional attorney with over 26 years experience in the courtroom with an emphasis on federal prosecutions. He has an excellent section on his web site all Americans should read so they understand the law, not what some civil service employee who cares nothing for the law, only their paycheck says is the law; see here. Additionally, Larry has three excellent, short columns on jurisdiction and treaties, see here. As Larry so correctly states: Under the U.S. Constitution, Congress has the power to make criminal ONLY four types of conduct: treason, counterfeiting, piracies and felonies on the high seas, and offenses against the laws of nations.

Remember this if nothing else and I have harped on this in previous columns: Congress cannot arbitrarily alter, amend or change the U.S. Constitution without a constitutional amendment. "The highest law of the land is the Constitution of the United States." Stephen K. Huber, Professor of Law, University of Houston."The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The United States Constitution is the supreme law of the land, and any statue must be in agreement with it to be valid. It is impossible for both the Constitution and a law violating it to be valid; one must prevail over the other. The Sixteenth American Jurisprudence, (2nd ed., Section 256), states:

"The general rule is that an unconstitutional statue, though having the form and name of law, is in reality no law, but is wholly void and ineffective for any purpose; since unconstitutionality dates from the time of its enactment and not merely from the date of the decision so branding it. A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby." There's also a very important sentence in the "history" section on the BATFE home page cited above:

"In the Anti-Arson Act of 1982, Congress amended Title XI to make it clear that arson is a federal crime, giving ATF responsibility for investigating commercial arson nationwide." This is where we get into the big question of federal jurisdiction. Arson is an event which takes place inside one of the states of the Union. It is strictly the jurisdiction of the states to investigate suspicious fires within their state boundaries. If a state needs better equipment and training, then it's up to that state legislature to make sure their version of the ATF receive the proper funding, not call in the federal calvary.

On July 12, 2006, an alert was put out by Citizens Committee for the Right to Own and Bear Arms:

Urgent Action Required! Stop Gun Confiscation in Citizens’ Hour of Need. Stop the Forcible Confiscation of Firearms from Law-Abiding Americans. Support the Vitter amendment …call your U. S. Senators!

During Senate consideration of the Homeland Security appropriations bill (H.R. 5441), Senator David Vitter will offer an amendment (# 4551) to prohibit the use of funds appropriated under this bill for the confiscation of lawfully possessed firearms during an emergency or major disaster.

After Hurricane Katrina, many residents legally armed themselves to protect their lives and property from widespread civil disorder. With no way to call for help, and police unable to respond, honest citizens were able to defend themselves and their neighbors. However, the then-New Orleans Police Superintendent issued orders for the confiscation of firearms, allegedly under a state emergency powers law. “No one will be able to be armed,” he said. “Guns will be taken. Only law enforcement will be allowed to have guns.”

Various reports indicate that military and law enforcement agencies from several states participated in confiscating guns from New Orleans residents While no one condones the mindless violence of those who looted a helpless city or attacked their fellow citizens and rescuers, Congress can, and should, act to protect the self-defense rights of citizens at the times when those rights are most vital.

The Vitter Amendment would:

• Prohibit using federal funds to seize firearms or restrict firearms possession, except in the circumstances allowed by current federal or state law.
• Not prevent gun confiscation from convicted felons and other “prohibited persons,” and would have no effect on law enforcement operations outside of disaster relief situations.

Emergency powers legislation prohibiting government officials from restricting the rights of law-abiding gun owners during declared states of emergency has already been enacted into law this year in Louisiana, Mississippi, Florida, South Carolina, Virginia, Alaska, Idaho, Kentucky, New Hampshire, and Oklahoma. Stop Gun Confiscation in Citizens’ Hour of Need. The Citizens Committee for the Right to Keep and Bear Arms Urges You to contact your United States Senators and urge them to for the Vitter Amendment."

Notice this provision: "Prohibit using federal funds to seize firearms or restrict firearms possession, except in the circumstances allowed by current federal or state law." Here we go again. Except allowed by current federal or state law. That's what the jar head New Orleans Police Superintendent did, so does this amendment really cure the problem or just prolong it?

I'm sorry, but as far as I'm concerned, this is just more treating the symptoms instead of curing the cancer. I wrote about this very issue after Katrina. The sterling fact remains is that if the state militias had been in operation at the time of Katrina, we would not have seen the disaster, tragedy nor any attempt to disarm Americans; see here. Please note this sentence from above: "While no one condones the mindless violence of those who looted a helpless city or attacked their fellow citizens and rescuers, Congress can, and should, act to protect the self-defense rights of citizens at the times when those rights are most vital." NO. Congress doesn't need to act to protect the self-defense rights of citizens. The Second Amendment already does and THAT is the ultimate and final solution. If the American people continue to allow Congress to pass more "new" legislation regarding restrictions, conditions or threatening to withhold funds regarding the Second Amendment, the end result will be more of the same. More anti-gun laws and more unconstitutional meddling by the federal machine. If we don't go after the solution, the problem will only continue to be treated with more "pro" Second Amendment bills that are absolutely unnecessary; see here. How can you possibly expect to limit federal encroachment if you keep asking Congress to pass more laws? Think about it.

Our pretend election cycle is underway and pro-Second Amendment organizations are asking everyone to support pro Second Amendment incumbents. Have you seen one pro Second Amendment member of Congress stand up for Richard Celata? Name me just one. Has reelecting pro Second Amendment incumbents been effective in the past? Only in so far as continuing to treat the cancer instead of cut it out. I ran against the dweeb, Congressman Wally Herger, up in Northern California. Waffle Wally made cooing noises about the Second Amendment and was endorsed by the NRA over me; actually the NRA wouldn't even knowledge my candidacy. On the other hand, Herger has and continues to vote for every new world order treaty that comes down the pipeline, NAFTA, GATT and CAFTA.

The goal of a one world government under the communist UN would include a disarmed America (fat chance). How can one say that Waffle Wally is for the Second Amendment when he consistently votes to abrogate America's sovereignty to a world body? Herger is nothing but a lap dog for his global masters. He's intellectually shallow, factually challenged and panders to the seniors and vets for votes. He is the quintessential example of a sorry excuse for a member of Congress and should have been booted out of office ten years ago. Does it make any sense to continue voting for incumbents who will pay lip service to the Second Amendment and dream up more and more unnecessary gun laws while they continue to vote for a one world government?

In my mind, the Second Amendment is the most important one because guns are not only the teeth of liberty to guard against the tyranny of government, the Father of the Constitution, James Madison, Fourth President of these united States of America, clearly stated: "A well regulated militia, composed of the people, trained to arms, is the best and most natural defense of a free country." James Madison (1st Annals of Congress, at 434, June 8th 1789). This is exactly why I wrote the column on Katrina and the state militias. There is NO need for another law to stop the unlawful acts that took place as described above. Those who participated in violating the Second Amendment against citizens should be indicted and held accountable.

JPFO has put out an alert to let people know that JPFO, the Montana Shooting Sports Association and The Claire Files online community are organizing a series of fundraising events for KTO based in Dillon, Montana. As JPFO rightly points out, the raid and confiscation of Richard's inventory has put a terrible strain on his ability to feed his wife and two young children.

Is anyone getting tired of this endless merry-go-round that continues to escalate? How many more I asked after Angel Shamaya? Now it's Richard. Today or tomorrow it will be one or two more law abiding Americans who get raided by foreign law enforcement and federal US dragoons in order the send the chilling message: We will bankrupt you, put the lives of your family in danger from trigger happy agents for the sole purpose of snooping into your private business for associating with people like me and Dr. Edwin Vieira and for trying to educate your local Sheriff and state representatives on the history of the Second Amendment. One of these days these dragoons are going to raid a women's gun group or head of one or even kick down my door. It's coming and then what? Will gun owners be moved when they see women with their faces bashed in or standing terrifed with little children during one of these raids simply because they are pro-Second Amendment or support Edwin's project or will they just chant the worn out "support pro Second Amendment incumbents"?

This can stop, but it won't until everyone gets on the same sheet of music: the true meaning of the Second Amendment and the requirement that Americans are armed and an active participant in the organized militias of the several States of the Union under control of the state legislatures. This will remove all attempts by the communists, silly twittering females and gun haters both in the state legislatures and Congress to pass any more new "laws" that unconstitutionally alter or amend the Second Amendment - which they clearly have NO authority to do. Sincere Americans can continue writing letters to their Congress critters begging them to uphold the Second Amendment. Great. As we all can see, writing letters or sending e-mails begging our elected via compromised ballot machine representatives has become about as effective as an elephant scratching his back with a tooth pick.

There are approximately 80 MILLION gun owners out there who belong to hundreds of pro Second Amendment organizations. If only 25% of these organizations would get behind Edwin Vieira's proposal to reconstitute the state militias, we would see one state after another adopt this constitutional remedy because there would be such heat from YOU, they won't have any choice. It won't happen overnight, but the first step is education and then action. Edwin's columns are here for free.

However, since everyone has time problems these days trying to work and take care of family obligations, I put some of Edwin's columns on the state militias and the Second Amendment on a CD so you can listen to it at home or while you're driving a vehicle or truck delivering goods across the land. I have put out thousands in just a few short months. We need to put out tens of thousands of them in order to reach enough gun owners to start pounding on their state legislatures. You can get this gem for $2.00; scroll to the bottom for details. Make as many copies as you can and get them out. Please contact the directors/board members of any gun organization you belong you along with one of these CDs. Ask them to become part of the solution so we can eliminate the anti-gun problem instead of just continuing to do what isn't working.

There's no money in the cure, only the treatment. Do we want to cure this problem or continue treating it with letter writing, donations and lobbying?

Get these CDs, make copies and give them out - especially to law enforcement, vets and active military.

Devvy Kidd authored the booklets, Why A Bankrupt America and Blind Loyalty, which sold close to 2,000,000 copies. Devvy appears on radio shows all over the country, ran for Congress and is a highly sought after public speaker. Your complimentary copy of the 32-page report may be obtained from El Dorado Gold.

Devvy's website: www.devvy.com

E-mail is: devvyk@earthlink.net

NOTE: In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed prior interest in receiving this information for non-profit research and educational purposes only. For further information please refer to: http://www.law.cornell.edu/uscode/17/107.shtml

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