THE SECOND AMENDMENT FULL COMPLIANCE ACT

Written by Greg Penglis and Grok AI, January 4, 2026

INTRODUCTION:

This is one of the most comprehensive, and complex bills we have written here at the Action Radio Citizen Legislature. The topic and practice of gun control and infringement of our rights is huge. It is ingrained in law, court opinions, regulations, various government agencies, and through practice almost since our founding. Its acceptance has grown, as has the assumption that it is ok, simply because the practice has been around in our country so long, and in so many places and instances. So like Judicial Review, another unconstitutional practice institutionalized in the Judiciary, Gun Control is institutionalized in all levels of government, and practiced by all levels of law enforcement, and it’s all unconstitutional, and therefore illegal.

The Second Amendment to the Bill of Rights is painfully simple to read and understand. “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

One could even change the order as it makes more sense today. “The right of the people to keep and bear arms, shall not be infringed, a well-regulated Militia, being necessary to the security of a free State.”

Or let me update the language to today. “The right of the people to own and carry guns, can not be touched, as a citizen army is necessary for the security of the States and the people.”

You would think that such simple and straightforward language, unambiguous, clear, mandatory, absolute, and definitive, would be honored, respected and practiced, by all levels of government. However just the opposite has been our history. Every level of government, every court system, every legislature, every executive, every regulatory agency, every law enforcement level from local to federal, all of them have violated the absolute right of the people to own and carry guns and other weapons.

It is the ultimate hypocrisy that government at all levels, has actually reversed the Second Amendment, so in practice it is the government that has the power to own any gun, to carry any gun anywhere, even in their own government buildings where no one else can, 24/7, nationwide. They can stockpile all the guns and ammunition they want. They are the ones who reject any oversight of their gun powers. They have an army of armed bureaucrats larger than our Marines.

They have completely usurped and taken over the very right to own and carry arms that the people are endowed with by our creator.

When the government, reverses a right guaranteed the people by our most sacred founding documents and laws, the supreme law of our land, then it’s time to reverse it once again, and restore the Second Amendment and the rights of the people, by restricting the government, and changing the laws, regulations, court opinions, government entities, and anything else necessary, for the restoration and permanent security of our individual freedoms and liberties.

It is for those reasons that this bill reverses and eliminates ALL infringements on the Second Amendment, and returns this nation to the time when the Second Amendment was first enacted.

SUMMARY OF MAIN POINTS;

Declares the Second Amendment right to keep and bear arms an absolute, individual, unalienable right that no government—federal, state, or local—may touch, regulate, restrict, burden, tax, register, license, or otherwise infringe in any way.
Defines “infringement” once and uses it consistently throughout the bill to eliminate repetition and make the absolute nature of the right clear.
Voids and declares non-binding all major Supreme Court decisions that have qualified, limited, or allowed any touching of the Second Amendment right.
Repeals in their entirety all major federal firearms statutes from 1934 onward:
National Firearms Act of 1934,
Gun Control Act of 1968,
Hughes Amendment machine-gun ban,
Brady/NICS checks,
1994 Assault Weapons Ban,
Bipartisan Safer Communities Act enhancements, and related provisions.
These are all unnecessary infringements already covered by existing criminal statutes punishing misuse of firearms.
Abolishes the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and transfers any surrendered firearms and ammunition to the Civilian Marksmanship Program for distribution to eligible citizens.
Defunds all enforcement, administration, or defense of the repealed provisions and rescinds any unobligated balances.
Permanently prohibits any future federal law, regulation, executive order, rule, court opinion, or action that infringes the right, declaring such future measures void and unenforceable.
Replaces the National Instant Criminal Background Check System (NICS) with a minimal, state-maintained banned-list verification for dealer transfers only—no federal list, no centralized database, no record of the transaction, purchaser, or firearm, no serial-number reporting, and no touching of the right for non-prohibited persons.
Mandates complete, irrecoverable destruction and purging of all NICS background-check records, ATF registration records, and related databases, hardware, cloud storage, and technology to eliminate any possibility of future registry or confiscation tools.
Overturns all Supreme Court opinions that enforce or make a judgment allowing any infringement on the Second Amendment in the following major cases:
United States v. Cruikshank (1876)
Presser v. Illinois (1886)
United States v. Miller (1939)
District of Columbia v. Heller (2008)
McDonald v. City of Chicago (2010)
Caetano v. Massachusetts (2016)
New York State Rifle & Pistol Association v. Bruen (2022)
United States v. Rahimi (2024)
These decisions are declared void and of no binding force or effect to the extent they qualify, limit, balance, regulate, or permit any government touching of the absolute right of the people to keep and bear arms.

A BILL
To restore full compliance with the Second Amendment to the Constitution of the United States by declaring that the right of the people to keep and bear arms is absolute and may not be infringed by any level or branch of government; to repeal all federal statutes, regulations, and agency authorities that infringe that right; to abolish unauthorized federal entities enforcing such infringements; to prohibit any future infringement; to provide for the destruction of all related records; to establish a minimal, privacy-protecting verification process for firearm transfers that does not create registration or burden the law-abiding; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.—This Act may be cited as the “Second Amendment Full Compliance Act”.(b) Table of Contents.—The table of contents for this Act is as follows:Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Congressional findings.
Sec. 4. Repeal of infringing federal firearms statutes.
Sec. 5. Defunding of repealed provisions.
Sec. 6. Abolition of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Sec. 7. Permanent prohibition on future federal infringement.
Sec. 8. Replacement verification for firearm transfers.
Sec. 9. Destruction and purging of firearms background check and registration records.
Sec. 10. Transition and non-liability provisions.
Sec. 11. Effective date.

SECTION 2. DEFINITIONS.

In this Act:

(1) Infringement, means any law, regulation, policy, action, tax, registration, licensing requirement, background check (except as provided in section 8), prohibited-persons category, import/export restriction, commercial condition, sensitive-place designation, or other measure that touches, regulates, restricts, burdens, conditions, limits, prohibits, delays, monitors, or otherwise interferes with the ownership, possession, carrying, transfer, manufacture, acquisition, or use of arms by any person not prohibited under strictly enumerated constitutional crimes (treason, piracy, counterfeiting). Any such measure converts the absolute right into a government-supervised privilege and is therefore an infringement.

(2) Arms, means firearms and other weapons that can be used and borne individually (whether by a single person or multiple persons in concert), excluding nuclear, chemical, or biological substances or devices.(3) Touch or touching means any direct or indirect interference, regulation, qualification, limitation, burden, or condition on the absolute right to keep and bear arms, however miniscule or minute.(4) Other terms have the meanings given them in the Constitution or ordinary usage unless otherwise defined.

SECTION 3. CONGRESSIONAL FINDINGS.

Congress adopts and incorporates by reference the following findings:

Finding 1: Definition and Absolute Nature of Rights; Obligation of All Governments to Comply (Including Judiciary)

Congress finds and declares that—
(1) Rights declared in the Constitution and Bill of Rights, including the right of the people to keep and bear arms as set forth in the Second Amendment, are natural, unalienable rights endowed by the Creator, pre-existing government, and retained by the people.
(2) The text of the Second Amendment—”the right of the people to keep and bear Arms, shall not be infringed”—imposes an absolute prohibition on any government infringement, touching, regulation, restriction, prohibition, or interference with the ownership, possession, carrying, transfer, manufacture, or use of arms (including firearms).
(3) Any government action that touches a right in any manner, however miniscule or minute, ceases to be a right and converts it into a government-supervised privilege that may be granted, conditioned, limited, or revoked at will—directly violating the absolute character of the right.
(4) As the supreme law of the land under Article VI, these absolute prohibitions bind all branches and levels of government: the federal government (limited to enumerated powers), and state and local governments (via the Fourteenth Amendment’s Privileges or Immunities Clause, which protects fundamental rights from state abridgment, and Equal Protection Clause, which requires uniform safeguarding of those rights without arbitrary distinctions).
(5) No branch of government, including the judiciary, possesses delegated authority to interpret, qualify, balance, limit, regulate, degrade, create tests for, or otherwise touch these absolute rights; the judiciary has no constitutional power to devise or apply any standard, test, or doctrine—such as strict scrutiny, intermediate scrutiny, compelling state interest, means-ends balancing, historical tradition analysis, or any other constructed framework—that permits any degree of government infringement or regulation of rights. Any such judicial creation or application constitutes an unconstitutional usurpation of power not delegated in the Constitution, amounts to judicial policymaking and regulation over rights, and renders any decision relying on such tests void as contrary to the supreme law.

Finding 2: Interstate Commerce Clause Authority Does Not Extend to Touching Individual Rights

Congress finds and declares that—
(1) Article I, Section 8, Clause 3 delegates to Congress the power “[t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes,” but this power is limited and does not authorize any touching, regulation, restriction, or infringement of individual rights, including the absolute right to keep and bear arms.
(2) Rights cannot be regulated, conditioned, or burdened under the Commerce Clause or any other enumerated power, as rights are absolute prohibitions superior to delegated authorities.
(3) The Commerce Clause exists solely to facilitate unrestricted travel and exchange of goods (including arms) across state lines, preventing state-imposed barriers that impede the free flow of commerce; it may not be used to impose federal or state restrictions on the individual exercise of rights.
(4) No state or federal law may prohibit, restrict, or condition the purchase, transfer, or transport of firearms across state lines based on residency, origin, or other factors; such restrictions (including requirements that firearms be purchased only in the buyer’s state of residence) unconstitutionally touch the right by limiting where and how citizens may acquire arms, converting an absolute right into a privilege dependent on geographic or governmental approval, and enabling indirect infringements such as state-level limits on magazine capacity, barrel lengths, or classifications like “assault weapons.”
(5) Semi-automatic and full-automatic firearms are arms fully included within the absolute protection of the Second Amendment, with no distinction from other firearms; the right to keep and bear extends equally to all types of firearms without qualification as to mechanism, rate of fire, or design.

Finding 3: Taxation Cannot Touch Constitutional Rights

Congress finds and declares that—
(1) The power to lay and collect taxes (Article I, Section 8, Clause 1) is delegated but subordinate to absolute constitutional prohibitions, including the Second Amendment.
(2) Rights cannot be taxed, as any tax on the exercise, ownership, transfer, manufacture, importation, or possession of arms constitutes a direct infringement and burden, transforming the absolute right into a taxable privilege that government may condition or discourage through financial penalty.
(3) Federal taxes on firearms, ammunition, transfers, or related items (including those under the National Firearms Act or other statutes) are unconstitutional infringements, regardless of form (excise, stamp, or otherwise), as they touch the right and deter its free exercise.
(4) Only state and local sales taxes treating firearms as ordinary retail products (without targeting the right itself) may apply, as they do not single out or burden the constitutional right; all other federal or special taxes violate the absolute prohibition.

Finding 4: National Security and Foreign Affairs Powers Do Not Authorize Restrictions on Firearms; Scope of Protected Arms

Congress finds and declares that—
(1) Powers related to national security, foreign affairs, and treaties (including those under Article I, Section 8 and Article II) are delegated but cannot authorize any touching, ban, restriction, or prohibition on firearms or arms, as such actions infringe the absolute Second Amendment right.
(2) Import restrictions, embargoes, classifications (e.g., under the Arms Export Control Act or U.S. Munitions Import List), or bans on foreign-origin firearms (including non-sporting, military-style, or country-specific prohibitions) unconstitutionally touch the right by limiting access to arms based on origin, converting free acquisition into a government-permitted privilege.
(3) Firearms, whether domestic or imported, are subject only to the same criminal laws applying to misuse (e.g., in treason, piracy, counterfeiting, or violent crimes), without special restrictions on possession, transfer, or importation based on national security or foreign policy.
(4) Any distinction treating imported arms differently from domestic arms violates the absolute right, as the Second Amendment protects “arms” without qualification as to source or type, and no enumerated power permits government to restrict access to lawfully usable arms under pretext of foreign affairs.
(5) The right to keep and bear arms is an individual right that must be exercised individually, or by citizens organized in voluntary groups such as a militia; it does not require affiliation with any government-regulated entity. For purposes of this Act, “arms” refers solely to firearms and other weapons that can be used and borne individually (whether by a single person or multiple persons in concert), and excludes nuclear, chemical, or biological substances or devices.

Finding 5: Judicial Usurpation in Second Amendment Cases; Declaration of Void Decisions

Congress finds and declares that—

(1) The judicial branch has no delegated constitutional authority under the Constitution to interpret, qualify, limit, balance, regulate, degrade, create tests for (such as strict scrutiny, intermediate scrutiny, compelling state interest, means-ends balancing, or historical tradition analysis), or otherwise touch the absolute right to keep and bear arms under the Second Amendment. Any judicial opinion that does so usurps undelegated power, engages in policymaking over rights, and is void ab initio under Article VI as contrary to the supreme law’s plain textual prohibition: “shall not be infringed.”

(2) The following major Supreme Court decisions touching the Second Amendment are declared void and of no binding force or effect, as each impermissibly interprets, qualifies, or permits infringement on the absolute right rather than enforcing its unqualified prohibition against any government touching whatsoever:

(a) United States v. Cruikshank (1876) — Limited the Second Amendment to federal action only, permitting state and private interference with freedmen’s arms.
This case is unconstitutional because it narrows the absolute prohibition by allowing non-federal infringement, treating the right as selectively binding rather than universally absolute.

(b) Presser v. Illinois (1886) — Upheld Illinois statute banning private citizens from forming unauthorized armed military companies, drilling, or parading with arms in cities/towns without governor’s license; justified as not infringing the right because states retain police power over public order and militia organization, and the Second Amendment binds only federal government (not states). The Court claimed such bans prevent unauthorized military bodies from threatening public peace or state authority. The ban existed under state military code to suppress potential threats from private groups (e.g., labor militias or ethnic associations like Presser’s Lehr und Wehr Verein). This case is unconstitutional because it interprets the amendment as permitting state bans on organized public bearing of arms, directly contrary to the absolute text protecting “bear arms” without qualification or state-level exception.

(c) United States v. Miller (1939) — Upheld National Firearms Act registration/tax on short-barreled shotguns (barrel <18 inches); defined protected “arms” narrowly as only those with “reasonable relationship to the preservation or efficiency of a well regulated militia” (ordinary military equipment usable in common defense). Outcome: Unanimous reversal of district court’s dismissal; remanded for fact-finding (no further proceedings occurred as defendant died).
This case is unconstitutional because it introduces a limiting “militia nexus” test, allowing federal bans/regulation on “non-militia” weapons, in violation of the absolute protection of all “arms” without qualification as to type, utility, or military relevance.

(d) District of Columbia v. Heller (2008) — Recognized individual right to possess firearms (handguns) for self-defense in the home but explicitly declared the right “not unlimited,” listed “presumptively lawful” longstanding prohibitions (e.g., felon/mentally ill possession bans, sensitive-place restrictions like schools/government buildings, commercial-sale conditions/qualifications), and engaged in historical analysis to qualify scope (e.g., no “dangerous and unusual weapons”). Struck down D.C. handgun ban and trigger-lock requirement as near-total prohibition on core home self-defense use.
This case is unconstitutional because it invents “not unlimited” qualifications and “presumptively lawful” exceptions without textual basis, arrogates judicial power to define exceptions via history/balancing, and treats the absolute prohibition as regulable based on perceived reasonableness rather than enforcing zero-touch rule.

(e) McDonald v. City of Chicago (2010) — Incorporated Second Amendment against states via Fourteenth Amendment Due Process Clause; struck down Chicago handgun ban but reiterated Heller’s “not unlimited” framework and “presumptively lawful” regulations (felon bans, sensitive places, commercial conditions).
This case is unconstitutional because it perpetuates Heller’s interpretive limits nationwide, allowing state/local infringement under qualified exceptions; illegally concludes rights are fundamental yet regulable, contrary to absolute text and no-delegated-judicial-power principle.

(f) Caetano v. Massachusetts (2016) — Vacated stun gun ban conviction; clarified “arms” includes modern weapons not existing at founding (rejecting “common use at enactment” limit), but operated within Heller’s interpretive structure (historical analogues, individual-right qualifications).
This case is unconstitutional because it continues judicial qualification of “arms” via modern-vs-old distinction and historical tests; technology is irrelevant—rights protect the exercise regardless of advancement (e.g., quill pens to AI under free speech); any “historic” test aims to regulate/touch the right, which is unconstitutional.

(g) New York State Rifle & Pistol Association v. Bruen (2022) — Struck down New York’s “proper cause” concealed-carry licensing but created “history and tradition” test for regulations (must have historical analogue) and preserved restrictions (objective licensing, sensitive places).
This case is unconstitutional because it judicially invents a test allowing infringement based on historical precedents; permits government touching where text forbids any.

(h) United States v. Rahimi (2024) — Upheld 18 U.S.C. §922(g)(8) prohibiting possession by those under domestic-violence restraining orders posing credible threat; found historical analogues for disarming dangerous individuals.
This case is unconstitutional because it applies Bruen’s history test to permit temporary disarmament based on perceived future risk; constitutes impermissible prior restraint—government presumes potential future misconduct to deny rights without criminal conviction. In a free Republic, rights are not subject to predictive deprivation; domestic violence warrants jail (full rights suspension via due process) or release with all rights restored. Rights are all-or-nothing: criminals dangerous to public are incarcerated (losing all rights); non-criminals retain absolute rights without partial/temporary restraint.

(3) Additional issues requiring address (no direct Supreme Court case squarely resolves, but lower-court applications and laws rely on voided precedents):

Distinctions between home (“keep”) and public (“bear”) carry are invalid; the absolute right encompasses both without differentiation—any home-vs-public limit touches/infringes.
State/city “may-issue” or restrictive permitting schemes rendering public carry virtually impossible (e.g., broad “sensitive places” or off-limits zones) violate the absolute prohibition by nullifying public bearing.
Bans on carry in government buildings (e.g., post offices, schools via Gun-Free School Zones Act) are unconstitutional infringements; government personnel carrying while citizens cannot creates unequal privilege, violating absolute equal protection of rights. Exceptions limited to active courtrooms (judicial proceedings) and secure airport areas beyond checkpoints; cruise ship ports/train stations follow same rule—no general ban. (Amtrak policy prohibits on-person/carry-on carry; firearms only in checked baggage if unloaded/locked/hard-sided, with restrictions—unconstitutional touching as it burdens absolute bearing.)

(4) No subsequent or pending cases (as of December 31, 2025) relying on these voided frameworks (e.g., felon bans, unlawful-user prohibitions, machinegun restrictions) shall have precedential weight.

(5) These declarations restore the Second Amendment’s plain text as absolute prohibition, without judicial qualifications or exceptions.

Finding 6: Transcendence of Absolute Rights Across All Levels of Government; Rejection of Jurisdictional Conditioning and Selective Incorporation Doctrine

Congress finds and declares that—

(1) Rights endowed by the Creator, as declared in the Constitution and Bill of Rights—including the absolute right of the people to keep and bear arms under the Second Amendment—are natural, unalienable, and pre-exist all governments. These rights are not grants from any government, federal or state, but inherent possessions of the individual that no human authority may touch, condition, qualify, or revoke.

(2) The plain text of the Second Amendment imposes an absolute prohibition on infringement: “the right of the people to keep and bear Arms, shall not be infringed.” This command is universal and unqualified. The Constitution delegates no power—express or implied—to any government entity, federal, state, or local, to infringe, regulate, burden, or touch this right in any manner whatsoever.

(3) The Creator did not endow rights that are absolute only against the federal government while permitting states or localities to violate the same rights. Such a distinction would render rights conditional on jurisdiction, geography, or governmental whim—transforming absolute rights into mere privileges subject to state discretion. This is irrational and contrary to the nature of unalienable rights: either a right exists universally and absolutely, or it does not exist at all. Partial or jurisdictionally limited protection ceases to be a right and becomes a revocable privilege.

(4) No provision in the Constitution delegates to states any authority to usurp, abridge, or infringe the Bill of Rights. The original understanding of the Bill of Rights was that its prohibitions bound the federal government; the absence of any textual grant of power to states over these rights confirms that no such authority exists. Any claim that states retain “police power” or residual authority to touch enumerated rights contradicts the supremacy of the Constitution (Article VI) and the absolute character of rights retained by the people.

(5) The Fourteenth Amendment reinforces this universality by prohibiting states from abridging “the privileges or immunities of citizens of the United States” (Privileges or Immunities Clause) and from depriving any person of “life, liberty, or property, without due process of law” (Due Process Clause). The original public meaning and intent of the Privileges or Immunities Clause was to protect fundamental rights—including those in the Bill of Rights—as privileges of national citizenship that states cannot abridge. This clause was designed to ensure uniform protection of absolute rights against state infringement, not to create selective or conditional application.

(6) The Slaughter-House Cases (1873) and subsequent decisions that narrowly interpreted the Privileges or Immunities Clause to exclude most Bill of Rights protections—and instead relied on the Due Process Clause for selective, case-by-case “incorporation”—constitute judicial usurpation. These interpretations gutted the intended broad protection of the clause, allowed states to treat absolute rights as regulable privileges, and enabled irrational jurisdictional distinctions (e.g., absolute against federal touching but conditional or absent against state touching). Such doctrines are unconstitutional inventions without textual basis, as the Constitution delegates no power to courts to selectively qualify or condition rights.

(7) The Due Process Clause of the Fourteenth Amendment was never intended as a vehicle for selective incorporation that permits judicial balancing, historical tests, or partial application of rights. It prohibits arbitrary deprivation of liberty (including the absolute liberty to keep and bear arms) without due process, but does not authorize states to infringe enumerated rights under any pretext. Any doctrine permitting states to touch rights that the federal government is absolutely barred from touching violates the absolute nature of those rights and the equal protection of the laws.

(8) Therefore, all rights in the Bill of Rights—including the absolute right to keep and bear arms—transcend and bind all levels of government equally. They apply uniformly to all American citizens without jurisdictional exception, qualification, or condition. No state or local government possesses any authority to infringe, regulate, burden, limit, or touch these rights. Any state or local law, policy, or action that does so is void ab initio as contrary to the supreme law of the land. Rationalizations based on “state police power,” “ordered liberty,” “historical tradition,” or selective incorporation are legally invalid and cannot justify infringement. (9) Examples of invalid jurisdictional conditioning include:

Distinctions between federal and state application of the same right (e.g., absolute federal prohibition on infringement but state allowance of restrictions).
State or local laws that nullify public carry while permitting home possession, or impose permitting schemes that render the right illusory.
Any framework allowing states to treat enumerated rights as privileges subject to discretionary grant, revocation, or regulation.

(10) These declarations restore the original understanding that the Bill of Rights creates absolute prohibitions binding on all governments. Rights are not subject to state variation, selective enforcement, or judicial dilution; they exist universally, absolutely, and without exception.

Finding 7: Historical State-Level Infringements on the Absolute Right to Keep and Bear Arms (Pre-Federal Regulation)

Congress finds and declares that—

(1) Long before any significant federal involvement in firearms regulation (beginning with the National Firearms Act of 1934), states and localities repeatedly infringed the absolute right to keep and bear arms through laws, codes, and enforcement practices designed to disarm disfavored groups, including freedmen, Black citizens, immigrants, and others deemed “unworthy” by those in power.

(2) During the immediate post-Civil War period (1865–1868), Southern states enacted Black Codes and related disarmament measures explicitly prohibiting or severely restricting Black citizens (freedmen) from owning, possessing, or carrying firearms:

These laws (e.g., in Mississippi, Alabama, Florida, South Carolina, and others) banned freedmen from possessing guns, ammunition, or deadly weapons without special permission from white authorities, judges, or “respectable” citizens.
Purpose: To prevent self-defense against white violence, including from the Ku Klux Klan and other terrorist groups that routinely disarmed Black communities before attacks.
Such measures directly violated the absolute prohibition of the Second Amendment and the emerging protections of the Fourteenth Amendment, which was ratified in part to safeguard freedmen’s fundamental rights—including the right to arms—from state abridgment.

(3) Even after the formal end of Black Codes (via Union military oversight and the Freedmen’s Bureau), states continued indirect disarmament through facially neutral but discriminatorily enforced laws, such as high taxes on inexpensive handguns (disproportionately affecting poor Black and immigrant populations) or carry bans selectively applied in labor camps or urban areas.

(4) The Sullivan Act (New York, 1911) exemplifies early 20th-century state infringement with discretionary and discriminatory intent:

Made unlicensed possession or carrying of concealable pistols a crime (felony for carrying, misdemeanor for possession).
Granted police broad “may-issue” discretion to issue licenses, resulting in arbitrary denials to ordinary citizens, especially Italian immigrants, Irish immigrants, labor organizers, and other targeted ethnic or class groups.
Designed amid urban crime fears but enforced to disarm “undesirable” populations while favoring police allies and elites.
This discretionary licensing scheme touched the right by converting public bearing into a government-granted privilege, violating the absolute text.

(5) These and similar state laws (e.g., Tennessee’s 1870s–1880s cheap-handgun bans, Florida’s 1893 carry restriction targeting Black laborers) demonstrate that states have long usurped authority over the right to keep and bear arms without constitutional warrant, often with racist, class-based, or ethnic motives.

(6) No state possesses delegated power to infringe the Bill of Rights; the absence of any textual grant of such authority, combined with the supremacy clause (Article VI) and the Fourteenth Amendment’s Privileges and Immunities Clause, renders all such state infringements void ab initio.

(7) The historical pattern of state-level touching—particularly the disarmament of freedmen during Reconstruction—underscores why the Fourteenth Amendment must be understood as demanding uniform, absolute protection of enumerated rights against all governments, without selective incorporation, police-power exceptions, or jurisdictional loopholes that allow states to do what the federal government is absolutely barred from doing.

(8) Any state or local law, ordinance, or practice that touches, restricts, conditions, or prohibits the ownership, possession, carrying, transfer, or use of arms is unconstitutional and void, regardless of its age, stated purpose, or enforcement history.

Finding 8: All Federal “Gun Control” Legislation is an Infringement on the Absolute Right to Keep and Bear Arms; Separation of Rights Protection from Statutory Criminal Law

Congress finds and declares that—

(1) The Bill of Rights exists to impose absolute prohibitions on government, restraining it from any touching, regulation, restriction, burden, or interference with the enumerated rights of the people, including the unqualified command of the Second Amendment: “the right of the people to keep and bear Arms, shall not be infringed.” Statutes, by contrast, exist to control the conduct of individuals through criminal penalties, prohibitions on misuse, and punishment for illegal acts.

(2) The right to keep and bear arms protects possession, ownership, carrying, transfer, and acquisition without government interference. The Second Amendment is silent on the use of arms because it cannot and need not enumerate protected uses—the right is absolute in its core domains, while illegal uses (e.g., murder, robbery, assault) fall exclusively under statutory criminal law, which punishes conduct after the fact without touching the prior right to keep and bear.

(3) Any attempt to regulate or restrict the law-abiding exercise of the right under the guise of preventing criminal misuse blurs the fundamental separation between constitutional rights (which control government) and statutory law (which controls people). Such blurring destroys the absolute character of the right by imposing conditions, prohibitions, taxes, licensing, tracking, or other burdens on law-abiding citizens in the false hope that infringing the innocent will deter criminals. This approach is irrational and unconstitutional: criminals disregard statutes by definition; regulating the law-abiding does not prevent crime but instead converts an unalienable right into a conditional privilege subject to government discretion, fines, enforcement, and policy manipulation.

(4) All federal “gun control” legislation since 1934 has pursued the illegal goal of reducing or surreptitiously making gun ownership more difficult for law-abiding citizens through incremental restrictions, registration, taxation, prohibited categories, licensing, import bans, and enforcement mechanisms—always justified by appeals to public safety, crime prevention, or crisis response. These acts exploit high-profile tragedies, media amplification, political grandstanding, and propaganda to manufacture consent for infringement, while achieving the broader aim of eroding the absolute right under the pretext of targeting criminals. Every purported objective of these acts is already fully accomplished by existing federal and state criminal statutes that punish misuse and conduct after the fact, without touching the absolute right to keep and bear arms. The following examples illustrate that each gun control act is unnecessary, unjustifiable, and serves only to shred the Second Amendment:

National Firearms Act of 1934 — Already covered by laws on unlawful use during crimes of violence (18 U.S.C. § 924(c) – mandatory minimums for firearm use/brandishing in felonies), machine-gun-specific prohibitions in context of crime (18 U.S.C. § 924(c)), and general murder/robbery/assault statutes (federal and state).
Federal Firearms Act of 1938 — Already covered by laws prohibiting felons from possessing firearms during commission of crimes (18 U.S.C. § 922(g) enhanced by § 924(c) mandatory minimums) and record-keeping requirements for criminal investigations (no need for preemptive dealer licensing to track lawful transfers).
Gun Control Act of 1968 — Already covered by prohibited-persons enhancements during criminal acts (18 U.S.C. § 924(c) for use by felons/drug users), murder/homicide statutes (18 U.S.C. Chapter 51), interstate robbery/extortion (Hobbs Act, 18 U.S.C. § 1951), and state aggravated assault/robbery/kidnapping laws.
Firearm Owners’ Protection Act of 1986 (Hughes Amendment machine-gun ban) — Already covered by laws punishing machine-gun use in crimes of violence (18 U.S.C. § 924(c) – 30-year minimum consecutive), terrorism (18 U.S.C. § 2332b), and mass shootings/murder (federal and state homicide statutes).
Brady Handgun Violence Prevention Act of 1993 — Already covered by waiting-period equivalents in criminal sentencing enhancements (18 U.S.C. § 924(c)) and prohibitions on straw purchasing/trafficking for criminal use (18 U.S.C. § 922(a)(6), § 924(a)(1)).
Violent Crime Control and Law Enforcement Act of 1994 (Assault Weapons Ban) — Already covered by laws punishing semi-automatic firearm use in mass shootings (18 U.S.C. § 924(c)), murder (federal and state), and aggravated assault/robbery with any firearm.
Bipartisan Safer Communities Act of 2022 — Already covered by expanded domestic-violence assault/robbery statutes (18 U.S.C. § 922(g)(8) enhanced by § 924(c)), straw-purchasing penalties (18 U.S.C. § 924(a)(1)), and red-flag-like outcomes through criminal restraining orders and felony convictions (full rights suspension via incarceration).

(5) These acts collectively demonstrate a pattern of using statutory law to control the law-abiding under the pretext of criminal deterrence—blurring rights protection (absolute, untouched) with conduct punishment (statutory, post-misuse). This separation is inviolable: government may punish illegal use through criminal law (controlling people), but may never regulate keeping/bearing (controlling government). Any blurring violates the Second Amendment’s plain text and the nature of unalienable rights.

(6) Any federal or state law touching the right is void; enforcement constitutes usurpation.

Finding 9: Existing Criminal Laws Punishing Illegal Use of Firearms; Complete Separation from the Absolute Right to Keep and Bear Arms

Congress finds and declares that—

(1) The Second Amendment protects the absolute right to keep and bear arms without government touching, infringement, or regulation. It is silent on the use of arms because the amendment controls government—prohibiting any prior restraint or burden on the right itself—while illegal uses fall exclusively under statutory criminal law, which punishes conduct after the fact through fines, imprisonment, or other penalties for those who misuse arms in violation of law.

(2) All prosecutable offenses involving firearms (brandishing, assault, robbery, kidnapping, carjacking, extortion, mass public shootings, terrorism, and others) are already fully addressed by existing federal and state criminal statutes that target behavior and misuse, without any need to touch, regulate, restrict, license, tax, register, prohibit categories of arms, or impose conditions on the law-abiding exercise of the right to keep and bear arms. These criminal laws apply equally to all persons, regardless of possession status, and punish only after illegal conduct occurs—maintaining the inviolable separation between constitutional rights (absolute, untouched) and statutory prohibitions (conduct-based, post-misuse).

(3) Regulating the law-abiding under the guise of preventing criminal misuse is unconstitutional and ineffective: criminals disregard statutes by definition; burdening the innocent does not deter the guilty but instead erodes the absolute right by treating keeping/bearing as a conditional privilege. The following offenses are already criminalized with severe penalties (fines, lengthy imprisonment, mandatory minimums, or life sentences), rendering any “gun control” touching of the right superfluous and void:

Brandishing — Federal: 18 U.S.C. § 924(c) (brandishing during crime of violence/drug trafficking carries mandatory 7-year consecutive minimum). State: e.g., California Penal Code § 417 (brandishing in presence of others punishable as misdemeanor/felony); many states criminalize as assault with deadly weapon or menacing (fines/jail up to years).
Existing criminal law already punishes brandishing without touching the right to keep and bear arms.
Assault (with firearm/deadly weapon) — Federal: 18 U.S.C. § 924(c) (use/brandish during crime of violence adds mandatory minimums); 18 U.S.C. § 111 (assault on federal officer with deadly weapon up to 20 years). State: Aggravated assault/assault with deadly weapon statutes (e.g., Class 3-5 felonies in many states, 5-20+ years imprisonment).
Existing criminal law already punishes assault with firearms without touching the right to keep and bear arms.
Robbery / Aggravated Robbery — Federal: Hobbs Act 18 U.S.C. § 1951 (robbery/extortion affecting interstate commerce, up to 20 years); 18 U.S.C. § 924(c) (firearm use adds 5-30 years consecutive). State: Aggravated robbery statutes (e.g., armed robbery Class 1-2 felonies, 10-30+ years or life in many states).
Existing criminal law already punishes robbery with firearms without touching the right to keep and bear arms.
Kidnapping — Federal: 18 U.S.C. § 1201 (kidnapping, up to life; firearm use enhances via § 924(c)). State: Kidnapping statutes (e.g., first-degree felony, 10-30+ years or life).
Existing criminal law already punishes kidnapping with firearms without touching the right to keep and bear arms.
Carjacking — Federal: 18 U.S.C. § 2119 (carjacking with firearm/intent to cause death/bodily harm, mandatory minimums up to life). State: Carjacking statutes (e.g., aggravated felony, 10-30+ years).
Existing criminal law already punishes carjacking with firearms without touching the right to keep and bear arms.
Extortion — Federal: Hobbs Act 18 U.S.C. § 1951 (extortion by threats, up to 20 years). State: Extortion statutes (felonies with years-to-decades imprisonment).
Existing criminal law already punishes extortion involving firearms without touching the right to keep and bear arms.
Mass Public Shootings — Federal: 18 U.S.C. § 924(c) (use in crime of violence); murder/mass killing statutes (e.g., 18 U.S.C. § 2332b for multiple killings); enhanced under terrorism provisions if applicable. State: Murder, first-degree murder, or mass shooting-specific statutes (life without parole or death penalty in many states).
Existing criminal law already punishes mass shootings without touching the right to keep and bear arms.
Terrorism (using firearms) — Federal: 18 U.S.C. § 2332b (acts of terrorism transcending national boundaries); § 924(c) (firearm use in terrorism/drug crimes); 18 U.S.C. § 2332a/b (weapons of mass destruction if applicable, life/death). State: Terrorism statutes (e.g., enhanced penalties for crimes committed in furtherance of terrorism, decades-to-life).
Existing criminal law already punishes terrorism involving firearms without touching the right to keep and bear arms.
Other major categories (e.g., murder/homicide with firearm, drive-by shooting, felon-in-possession during crime, straw purchasing for crime): Covered by 18 U.S.C. § 924(c) (mandatory consecutive minimums 5-30 years/life); § 924(e) (Armed Career Criminal Act, 15-year minimum for recidivists); murder statutes (life/death); and state homicide/aggravated assault laws.

(4) Every restriction, prohibition, tax, registration, licensing, import ban, prohibited-persons expansion, or other touching in federal gun control laws (NFA 1934 onward) purports to prevent criminal misuse but is already fully accomplished by these conduct-based criminal statutes. No legitimate purpose requires touching the absolute right of law-abiding citizens to keep and bear arms. All such touching is infringement, void, and unconstitutional.

(5) The separation is absolute: Government may punish illegal use through criminal law (controlling people), but may never regulate keeping/bearing (controlling government). Any blurring violates the Second Amendment’s plain text and the nature of unalienable rights.

Finding 10: Limited Exceptions for Private Property and Temporary Inaccessibility During Confined Transit; Preservation of Absolute Right Against Government

Congress finds and declares that—

(1) The absolute right to keep and bear arms is a prohibition on government infringement and applies fully to all government-owned, government-operated, or quasi-governmental property, facilities, and conveyances (including Amtrak and public transit systems such as subways and city buses). No government entity may prohibit, burden, condition, or restrict the keeping or bearing of arms on such property or conveyances.

(2) Truly private entities—including privately owned and operated airlines, bus companies, and cruise ships—possess independent property rights that pre-exist and are not negated by the Second Amendment. These private companies may establish rules prohibiting firearms on their conveyances (airplanes, buses, ships) as a condition of entry or use, without constituting government infringement. Citizens retain their absolute right to keep and bear arms everywhere off such private property; they are not compelled to enter armed against the private owner’s rules, just as they are not compelled to enter a private home or business armed.

(3) For confined transit on government-operated or quasi-governmental conveyances (such as Amtrak trains or public transit vehicles), temporary inaccessibility of firearms during the actual duration of travel may be permitted solely to secure the fundamental right to interstate travel freely and timely—a right protected under the Privileges and Immunities Clause, Due Process Clause, and Congress’s authority to regulate commerce among the states.

(4) This temporary inaccessibility is not a touching of the right, nor does it convert the right into a privilege, because it is narrowly limited to the period of confinement in a moving shared space where large numbers of people are unavoidably together for extended periods with limited escape options. The right remains absolute at all stations, terminals, airports (pre-boarding areas), docks, bus stops, and other points before and after actual transit. Firearms must be made inaccessible only during the journey itself (e.g., stored unloaded in locked checked baggage or equivalent secure manner) to prevent interference with the right to safe, uninterrupted travel.

(5) In courtrooms and other government buildings during active proceedings or trials, the absolute right to keep and bear arms applies fully to all law-abiding persons. No blanket prohibition on keeping or bearing arms is permitted for the general public, participants, or spectators.

Safety in emotionally charged settings shall be maintained through individualized, evidence-based measures applied only to specific persons who, based on credible evidence and individualized determination, pose a demonstrated threat to safety, orderly proceedings, or the rights of others. Such measures may include:

Armed bailiffs and security personnel available to protect all participants equally.
Individualized risk assessments and behavioral screening based on specific, credible evidence of threat (not speculation, status, or group characteristics).
Security protocols such as searches, metal detectors, or controlled entry applied only to persons with a demonstrated threat profile.
Exclusion from the courtroom or building for individuals who threaten disruption, have a vested interest in violent interference, seek revenge against parties, or are subject to a valid restraining order or court order supported by evidence of danger.
For witnesses, parties, or other required attendees who are deemed dangerous based on credible evidence, individualized restraints (such as handcuffs, shackles, supervised transport, or temporary disarmament during their presence in the courtroom) may be imposed as necessary and proportionate to the specific threat, but only for the duration of their required participation and only against the specific individual.
Contempt powers or other due-process sanctions for threats, disruption, or violation of court orders.

(6) Criminal misuse of firearms in any of these contexts (whether on private conveyances, during transit, in courtrooms, or elsewhere) is fully punishable under existing criminal statutes without any need to infringe the absolute right to keep and bear arms. Any broader restriction exceeds government authority and violates the Second Amendment.

SECTION 4. REPEAL OF INFRINGING FEDERAL FIREARMS STATUTES.

The following provisions of the United States Code, and all regulations, forms, rulings, or agency actions implementing or enforcing any part thereof that constitute an infringement (as defined in section 2), are repealed in their entirety:

(1) Title 26, United States Code, Chapter 53 (the National Firearms Act of 1934, including but not limited to §§ 5801–5872 in whole, covering the excise tax, registration, and transfer restrictions on machineguns, short-barreled rifles and shotguns, silencers, destructive devices, and any other weapons).

(2) Title 18, United States Code, Chapter 44 (§§ 921–934, the Gun Control Act of 1968, in whole, including definitions of firearms, prohibited persons, licensing of dealers, interstate transfer restrictions, import prohibitions, and all related enforcement provisions).

(3) Title 18, United States Code, § 922(o) (the machine gun prohibition added by the Firearm Owners’ Protection Act of 1986, including the post-May 19, 1986, ban on new civilian registrations and transfers, in whole).

(4) Title 18, United States Code, § 922(t) (the National Instant Criminal Background Check System requirements added by the Brady Handgun Violence Prevention Act of 1993, in whole, including all subsections mandating checks for firearm transfers from licensees).

(5) Title 18, United States Code, § 922(v)–(w) and § 921(a)(30) (the assault weapons and large-capacity magazine prohibitions enacted under the Violent Crime Control and Law Enforcement Act of 1994, in whole, including the ban on manufacture, transfer, and possession of covered semi-automatic firearms and magazines holding more than 10 rounds).

(6) Title 18, United States Code, § 922(g)(8) (the domestic-violence restraining order prohibition as amended or expanded by the Bipartisan Safer Communities Act of 2022) and § 922(t)(3) (the enhanced background check requirements for individuals under 21 as added by the Bipartisan Safer Communities Act of 2022), in whole.

(7) All other provisions scattered throughout the United States Code, the Code of Federal Regulations (including but not limited to 27 C.F.R. Parts 478 and 479), executive orders, ATF rulings, forms (such as ATF Form 4473, Form 1, Form 4), or other federal actions that impose any restriction, prohibition, tax, registration, licensing, import/export control, background check, prohibited-persons category, serialization requirement, or other measure constituting an infringement (as defined in section 2).

SECTION 5. DEFUNDING OF REPEALED PROVISIONS.

(a) No funds appropriated to or available for any department, agency, or instrumentality of the United States Government may be obligated or expended after the effective date of this Act to implement, administer, enforce, or defend any provision repealed by Section 4.

(b) Any unobligated balances remaining in accounts associated with the repealed provisions shall be rescinded and returned to the Treasury for reduction of the public debt.

SECTION 6. ABOLITION OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES.

(a) The Bureau of Alcohol, Tobacco, Firearms and Explosives is abolished effective 180 days after the date of enactment of this Act.

(b) All functions, personnel, records, property, contracts, liabilities, and funding previously assigned to or held by the Bureau are terminated, except as provided in subsection (c).

(c) All firearms, ammunition, and related equipment in the possession of the Bureau shall be transferred to the Civilian Marksmanship Program (36 U.S.C. Chapter 407) for distribution to eligible United States citizens.

(d) No successor agency or entity may be established to perform any function previously performed by the Bureau with respect to firearms.

(e) All Bureau personnel shall be separated without prejudice, with full retirement and severance benefits preserved, but no authority to carry or use firearms in any official capacity after abolition.

SECTION 7. PERMANENT PROHIBITION ON FUTURE FEDERAL INFRINGEMENT.

(a) No Act of Congress, regulation, executive order, rule, court opinion, judicial decision, or other action of any federal agency or branch may hereafter be enacted, promulgated, enforced, or given effect if it constitutes an infringement (as defined in section 2) of the right of the people to keep and bear arms as protected by the Second Amendment.

(b) Any such future law, regulation, executive order, rule, court opinion, judicial decision, or other action that constitutes an infringement is declared void ab initio, moot, and of no force or effect from the moment of its enactment, promulgation, or issuance. No court of the United States or of any State may give effect to, enforce, or uphold any such infringement, and any order, judgment, or opinion relying on or applying such infringement is itself void and unenforceable.

SECTION 8. REPLACEMENT VERIFICATION FOR FIREARM TRANSFERS; REPEAL OF NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

(a) Effective upon repeal of 18 U.S.C. § 922(t) (the National Instant Criminal Background Check System for firearm transfers), no Federal Firearms Licensee shall transfer a firearm to an unlicensed person without first verifying, using a secure state-provided electronic program, that the transferee’s photographic identification (driver’s license or other government-issued photo ID) does not match any person on the state’s prohibited-persons list.

(b) The verification process shall—

(1) compare the transferee’s exact full name and photo ID to the state’s prohibited-persons list;
(2) create no record of the transaction, the transferee, or the firearm(s) in any government database at the federal or state level;
(3) allow immediate transfer if no match is found;
(4) prohibit any recording of the firearm serial number, make, model, or any other identifying information about the firearm(s).

(c) Retailer-maintained records may be retained locally and confidentially by the licensee but shall not be transmitted to, centralized by, or searchable by any government entity except pursuant to a warrant for a specific criminal investigation.

(d) Violation of the privacy and no-record protections under this section shall be punishable by a fine of not less than $10,000 and/or imprisonment for not less than 1 year.

(e) States may opt not to maintain a list, in which case no verification is required for transfers within that state.

(f) No record of lawful transfers, purchasers, or firearms shall be created or retained for any purpose, as such records serve no legitimate crime-solving function and exist only as a potential tool for infringement, restriction, and confiscation.

SECTION 9. DESTRUCTION AND PURGING OF ALL FIREARMS BACKGROUND CHECK AND REGISTRATION RECORDS.

(a) Immediate Destruction of Records.—Within 90 days after the effective date of this Act, the Attorney General, the Director of the Federal Bureau of Investigation, and the head of any other department, agency, or instrumentality of the United States Government in possession of any record, database, file, or data (including but not limited to electronic, paper, cloud-based, or other storage formats) related to—

(1) the National Instant Criminal Background Check System (NICS) established under section 103 of the Brady Handgun Violence Prevention Act (repealed by section 4),

(2) any background check, transfer, purchase, or possession inquiry conducted pursuant to any provision repealed by section 4,

(3) any firearms registration, serialization, classification, or owner identification maintained under the National Firearms Act of 1934 (repealed by section 4), the Gun Control Act of 1968 (repealed by section 4), or any other repealed statute,

(4) any trace, multiple-sale report, or other firearm-related record collected or maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives (abolished by section 6) or any predecessor or successor entity,
shall cause all such records to be permanently destroyed and rendered irretrievable.

(b) Purging of All Storage Media.—The destruction required under subsection (a) shall include the complete and irrecoverable purging of all hardware, software, servers, cloud storage, backup systems, databases, tapes, drives, removable media, and any other technology or device that contains, stores, indexes, or references any of the records described in subsection (a). No copy, backup, mirror, derivative, or archival version of such records may be retained for any purpose.

(c) Prohibition on Retention or Reconstruction.—No department, agency, officer, employee, contractor, or other person acting on behalf of the United States Government may—

(1) retain, reconstruct, recreate, or attempt to recreate any record destroyed under this section,

(2) maintain any index, pointer, reference, or metadata that could be used to identify or reconstruct such records, or

(3) use any information derived from such records for any purpose, including law enforcement, regulatory, statistical, or archival functions.

(d) Certification and Oversight.—The Attorney General shall certify to Congress, within 120 days after the effective date of this Act, that all records have been destroyed and purged in compliance with this section. The certification shall be accompanied by an independent audit conducted by the Comptroller General of the United States, confirming compliance.

(e) Penalties.—Any officer, employee, or contractor of the United States Government who knowingly retains, reconstructs, or fails to destroy a record in violation of this section shall be fined under title 18, imprisoned for not more than 5 years, or both.

(f) No Liability for Destruction.—No cause of action, civil or criminal, shall lie against any person or entity for the good-faith destruction or purging of records as required or authorized by this section.

SECTION 10. TRANSITION AND NON-LIABILITY PROVISIONS.

(a) No person shall be prosecuted, fined, or penalized for any act or omission that complied with any repealed statute prior to the effective date of this Act.
(b) All pending investigations, prosecutions, administrative actions, or civil proceedings based on repealed provisions shall be dismissed with prejudice.
(c) The Attorney General shall issue guidance within 90 days of enactment to ensure compliance with this Act, including notification to courts, agencies, and the public of the repeal and voidance.

SECTION 11. EFFECTIVE DATE.

Except as otherwise provided, this Act shall take effect 180 days after the date of enactment.