While the right to build your own home without the interference of the government has been sacrosanct from the time the Pilgrims first set foot in the howling wilderness that has become our country, Marxist-type ideologies now dominate the thinking of “do-gooders” in government.
The right to “settle” the land is inherent as one of the “unenumerated rights retained by the People” in the 9th Amendment. The act of “settling” the land requires erecting “fixed structures.” In early American common law, living in a tent (or teepee) did not qualify as settling the land.
This right was enshrined in the Homestead Act of 1862/63 which required that settlers build domiciles and cultivate the land to receive their 160-acre parcels. This includes all those pioneers who came to Idaho, which at the time was a part of the Oregon Territory.
But there are other rights protected in the Constitution which have bearing on this question. An “occupancy permit” should be considered a violation of the 1st Amendment to “peaceably assemble.” Denying a family the right to occupy the home they just built would be violating their right to congregate in the place of their choosing.
The threat of physical removal from one’s home would also violate the 4th Amendment, which guarantees that citizens be “secure” in their “homes” from unwarranted seizures. A “warrant” is an allegation of a crime which then empowers a government official to act. What crime is it to live in one’s home?
As for the 2nd Amendment, nail-guns have been used for many decades in house construction. Would a nail-gun fit within the meaning of the 2nd Amendment?
Well, it should, because it shoots projectiles and can be used as a deadly weapon. Some nail-guns even use .22 caliber bullets to shoot the fastener of choice.
Nail guns are usually tethered to an air compressor. But many now use battery-packs to discharge the fastener, and others use bullets, as just mentioned above.
The use of a nail-gun is restricted by its intended use: construction. Building inspectors believe they are keeping the public safe from dangerous construction practices. It begs the question: Can firearms in the hands of citizens without a permit be any less “dangerous” to the public than a poorly constructed home? If we trust the American citizen with the responsibility of owning and using a firearm, can we not trust him/her with the responsibility of building, owning and living in their own home?
For more, go to: Save Benewah County.