Voices of Liberty

Ron Paul: Why Background Checks Are Unconstitutional


January 13, 2016—On the latest Liberty Report, former congressman Ron Paul talks to Adam Dick of the Ron Paul Institute about President Barack Obama’s latest executive orders.

Ron Paul explains that members of the left usually get it all wrong when it comes to the Second Amendment of the US Constitution. He claims that while the right to bear arms is a “clear cut” right, the left often refuses to admit that much. Instead, Paul says, they “muddy the waters.”

He starts off by saying that “often, in order to deal with the gun violence in our society,” the left goes “in and further expand their abuse of civil liberties onto other groups.”

During his conversation with Dick, we learn that the background check system in use currently is not only wrong because it doesn’t work. It’s wrong because it’s a violation of several parts of the bill of rights.

Dick explains:

“… as Judge Andrew Napolitano pointed out earlier this year, [the background check] is also a violation of the First Amendment, because it compels people to speak, provide information about themselves.”

Questions used in background checks include queries into the consumer’s mental health history, domestic violence, and questions about illegal drug use. All issues that are private and should be the business of the individual, not the state.

He continues:

“At the same time, [the background check system] could be seen as a violation of the right against self-incrimination under the Fifth Amendment because you have to provide evidence against yourself in order to require a gun. And also the Tenth Amendment, because the requirement to provide this information … is not something that is explicitly stated as a power of the federal government in the US constitution.

If anybody has that power would be the state and local governments. But even state governments have their Second Amendment so it would be questionable for them to even employ this sort of tactic to prevent people from having guns.”

Despite the unconstitutionality of background checks, Dick tells Paul, Obama wants to expand this system.

By requiring more people to go through the system through his executive orders, Obama forces people wanting to sell just one or two guns to have a license. If people refuse to obtain a license and the federal government has a problem with that, they could face penalties up to $200,000.

To know what Dr. Ron Paul had to say about Dick’s comments, watch the video below:

Do you believe Obama’s executive actions are wrongheaded? Share your thoughts with us!

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