Nunc Pro Tunc: The Coming Day of Burn Barrels and Blessings
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This is a standing invitation to my fellow Americans: If congress ever
enacts a law mandating the registration and/or a production ban of
detachable magazine semiautomatic rifles then you are hereby invited to
the town square of your local community. There, burn barrels will be set
up and we will publicly burn Form 4473s, FFL Bound Books, state and
local registration records, and the sales receipts for every firearm in
the United States. On that same day, FFL holders and public officials
holding electronic firearms records will simultaneously erase those
records, permanently and irretrievably. (Using special file erasure
software such as Blancco
<
http://www.blancco.com/us/products/selective-data-erasure/file-shredder-pc-edition/>,
X-Ways <
http://www.x-ways.net/security/index-m.html>, and Stellar Wipe
<
http://www.macupdate.com/app/mac/32393/stellar-wipe>, or though the
physical destruction of disk drives.)
*Spontaneous Gatherings, Spontaneous Combustion*
This burn barrel day--likely to be held *the day after* the President
signs any new draconian legislation--will include speeches, public
prayers, and the blessing of those who have gathered by ministers,
rabbis, and priests.
The core of the activities on that day will be *stalwart public
defiance* of any new unconstitutional law(s), the open and notorious
destruction of records that might be used to enslave us, and vocal
public affirmations of solidarity of free men and women, in the face of
tyranny. This will be a defining moment for America--a line drawn in the
sand. We will forthrightly declare that we /will not/ obey any
unconstitutional law and that we will treat it dismissively, as if it
had never been enacted -- *nunc pro tunc*. We will pledge ourselves to
the defense of liberty, both individually and collectively. We will vow
that if ever called to jury duty, we will nullify any unconstitutional
laws, vacating the charges against the accused, in accordance with our
long-standing right as jurors. (See:
www.FIJA.org <
http://www.fija.org>.)
*The Law is On Our Side*
We will publicly re-affirm some long standing precepts of American
jurisprudence, to wit:
"The General rule is that an unconstitutional statute, 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 it's enactment and not merely from the date of the
decision so branding it. An unconstitutional law, in legal
contemplation, is as inoperative as if it had never been passed.
Such a statute leaves the question that it purports to settle just
as it would be had the statute not been enacted.
Since an unconstitutional law is void, the general principles follow
that it imposes no duties, confers no rights, creates no office,
bestows no power or authority on anyone, affords no protection, and
justifies no acts performed under 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 lend, it is superseded thereby.
No one is bound to obey an unconstitutional law and no courts are
bound to enforce it." - 16 Am Jur 2d, Sec 177 late 2d, Sec 256
*Never Again!*
Recognizing the many sad lessons of civilian disarmament and subsequent
genocides in the 20th Century, we will make bold and forthright
statement: Never Again! We *will not* submit to the unlawful decrees of
tyrants. We will not meekly go their jails and internment camps. We will
fight for our liberty, to our dying breath.
*Come Armed, Come Masked*
I recommend that all adults who publicly assemble at these burn barrel
events do so /armed/, as is our right. And those who come armed should
also /wear masks/, to protect themselves from malicious prosecution. I
plan to wear a Guy Fawkes mask, but you can wear a bandana, face
muffler, or the face mask of your choice. Joining you, also wearing
masks, will be many mayors, sheriffs and their deputies, chiefs of
police and their officers, town council members, clergy, and people of
all walks of life. We vastly outnumber the tyrants. The tyrants deserve
nothing but our scorn and derision. Their fate is already sealed.
*Plausible Denial*
After this fateful day has come and gone, FFL holders and public
officials will be able to recount: "I had no choice. My records were
taken by men with guns who were wearing masks!" (So they'll have no
excuse if they don't cooperate with this nationwide display of civil
disobedience.)
*God Bless The Republic. Down with Tyrants. We Will Prevail!*
- James Wesley, Rawles - January 28, 2013
*Note: *Permission to reprint or re-post this piece in full by any
method (printed or electronically) is granted by the author (James
Wesley, Rawles), as a long as it is not altered in any way and it is
reproduced in full.