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Pending Gun EO Chatter, Update See Post #114


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Lots of chatter today that Obama will sign a EO in the coming days to close the "gun show loophole".  My immediate read, no more selling or trading between Bob and Joe.  No more Armslist without a FFL, no more TGO classifieds without a FFL. 

 

No major news sources, but nonetheless several, and do they site the AP: 

 

http://www.westernjournalism.com/breaking-the-white-house-just-let-slip-obamas-massive-new-executive-order-plan/

 

http://www.thetruthaboutguns.com/2015/12/daniel-zimmerman/breaking-obama-to-mandate-universal-background-checks/

 

http://www.theblaze.com/stories/2015/12/10/white-house-finalizing-plan-to-take-major-gun-control-action-using-executive-authority-valerie-jarrett-says/

Edited by runco
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And how exactly is that going to be constitutional. Selling to my neighbor doesn't exactly cross state lines and therefore fall under the governments skewed view of the commerce clause. Honestly, if he was going to do an EO like this, it would have happened a long time ago.

  • Like 2
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Another source through the NRA website:

 

http://thehill.com/homenews/administration/262796-white-house-finalizing-executive-action-on-guns

 

The White House is finalizing a new executive action that would expand background checks on gun purchases, according to one of President Obama’s top aides. 
 
Senior adviser Valerie Jarrett said Wednesday the president has asked his team to send him a completed plan “in short order,” according to The Associated Press. She spoke at a vigil for victims of the 2012 shooting in Newtown, Conn., that left 28 dead. 
 
White House press secretary Josh Earnest on Thursday refused to elaborate on the timeline to issue the unilateral proposals. 
 
“At this point, I still don’t have an update on the progress the administration is making on scrubbing the rules," Earnest told reporters at his daily press briefing.
 
 
Still, Jarrett’s comments are an indication that Obama could soon roll out a proposal that would set up a major battle with Republicans in Congress and gun rights groups. 
 
Stymied by Congress on new gun control measures, Obama has been weighing a number of executive actions on guns following an October mass shooting at an Oregon community college. 
 
The effort took on even more urgency after last month’s attack in San Bernardino, Calif., which left 14 dead. 
 
Obama has been holding meetings with gun control advocates to gauge their support and solicit ideas. He met last Friday with former Rep. Gabrielle Giffords (D-Ariz.), who survived a gunshot to the head during a 2011 mass shooting in Tucson. 
 
A proposal Obama is reportedly considering would classify more sellers as high-volume dealers, which would close a legal loophole that allows many sales conducted online or at gun shows to skirt existing background check provisions.
 
But such a measure would surely prompt a legal challenge from gun rights groups, which say Obama lacks the authority to tighten background checks alone. The National Rifle Association and GOP lawmakers have blasted the idea as executive overreach. 
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How long would a constitutional challenge take, days, weeks, months.............years? 

 

My crystal ball or tin foil hat says on the 3 year anniversary of Sandy Hook, Dec. 14th, which is this Monday, he will roll out a EO.  He will use the San Bernardino attack as evidence that if laws were in place this would not have happened.  Which is a joke.  Reminder its 406 days to go, and lot of BS can be made in the next 406 days.

  • Like 1
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How long would a constitutional challenge take, days, weeks, months.............years? 

 

My crystal ball or tin foil hat says on the 3 year anniversary of Sandy Hook, Dec. 14th, which is this Monday, he will roll out a EO.  He will use the San Bernardino attack as evidence that if laws were in place this would not have happened.  Which is a joke.  Reminder its 406 days to go, and lot of BS can be made in the next 406 days.

 

I'd opine that a loose interpretation on various parts of the Patriot Act can be argued to justify damn near anything.

 

- OS

  • Like 6
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An EO is not law.

As the chief of the executive branch, he can direct people who work for him (ICE, Justice, ect.) to enforce/ignore laws and/or regs. He can even stretch an interpretation of a law. He cannot however make law.

For example: An FFL already does the check on any sale or transfer. If not, they are in violation of current law. If however you sell a gun to your neighbor (within the same state), you are not required to do a check or go through an FFL. You all know this already. If he signs an EO demanding a check on all transfers, how could it be enforced? If you sell to your neighbor (in accordance w/ the law), how could they know? What would you be arrested for, not abiding w/ an EO (which has no force of the law)?

Some folks need to lay off of their own Kool-Aid.

  • Like 3
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why doesn't he issue an executive order banning the commission of crimes?

 

Why does he not really care about the gun violence in Chicago?

 

What a tool.

Mike, I think any time BHO offers up word of wisdom on gun violence someone in the media should throw out Chicago's gun stats..... I don't understand how all anti gunners get away with the Chicago stats. 

  • Like 1
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Now Fox News is reporting it:

 

http://www.foxnews.com/politics/2015/12/11/obama-administration-reportedly-readies-executive-order-expanding-background-checks.html?intcmp=hpbt3

 

Obama administration reportedly readies proposed expansion of background checks
Published December 11, 2015

Advisers to President Barack Obama reportedly are finalizing a proposal to expand background checks on would-be gun buyers without congressional approval.

The Associated Press reported that White House adviser Valerie Jarrett told a Wednesday night vigil for victims of the 2012 mass shooting in Newtown, Conn. that Obama had asked his team to complete a proposal and submit it for his review "in short order."

 

After October's mass shooting in Roseburg, Ore., Obama said his team was looking for ways to tighten gun laws without a vote in Congress. White House officials have said they're exploring closing the so-called "gun show loophole" that allows people to buy weapons at gun shows and online without a background check.

 

Obama has repeatedly called for tighter gun control measures in the wake of mass shooting during his administration. In the wake of last week's terror attack that killed 14 people in San Bernardino, Calif. Obama called on Congress to approve legislation to keep people on the no-fly list from buying guns. Gun rights advocates oppose the proposal because they say it violates the rights of people who have not been convicted of a crime.

 

On Thursday, the House rejected an attempt by Democrats to force a vote on the issue. A Senate version of legislation preventing suspected terrorists from being allowed to buy firearms from licensed gun dealers was voted down last week.

 

Also Thursday, Connecticut Gov. Dannel Malloy proposed Thursday to use an executive order to ban gun sales to those on federal no-fly watch lists.

However, despite repeatedly calls for gun control by Democrats at the state and federal level, gun sales have repeatedly spiked after mass shooting incidents. 

The FBI said last week that it processed a record number of firearms background checks on Black Friday, the busy shopping time the day after Thanksgiving. The agency processed 185,345 background checks. roughly two per second.

 

The previous record for the most background checks in a single day was Dec. 21, 2012, about a week after the Newtown shooting, in which 20 children and six adults were shot to death. The week following the massacre at Sandy Hook Elementary saw the processing of 953,613 gun background checks.

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First, I don't think the President has this power. Second, assuming he did, I don't think 80 million gun owners are going to comply. Just look at what happened in Washington. That would likely happen on a national scale.


I agree in the short term, but the progressives play a long term game.

One of the problems I see with it is the de facto gun registration it creates in the years to come. As generations die off, every gun will be tied to a person via gov paperwork with no way to transfer without more paperwork (assuming this gets written in the worst case)
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I agree in the short term, but the progressives play a long term game.

One of the problems I see with it is the de facto gun registration it creates in the years to come. As generations die off, every gun will be tied to a person via gov paperwork with no way to transfer without more paperwork (assuming this gets written in the worst case)

 

I'm pretty sure that's the problem everyone sees with it, but I'm optimistic that even if this became law, which I doubt, that the level of civil disobedience would be similar to that of prohibition. Kinda hard to create a registry when nobody's selling guns any more.

  • Like 1
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How on earth would they even begin to enforce it? What a joke.

I don't think they can. Really all it would do is turn a few good unsuspecting people into criminals at random occurrences.

It really is a joke just to give the Great DC Windbag a opportunity to claim he did something I think. Edited by Wingshooter
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so what would the penalty be for selling without complying with King Zero's EO?

 

How on earth would they even begin to enforce it? What a joke.

 

Mike's point is the practical kicker. To my knowledge, there is no penalty in federal law for a private citizen ignoring a presidential order?

 

- OS

Edited by Oh Shoot
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Mike's point is the practical kicker. To my knowledge, there is no penalty in federal law for a private citizen ignoring a presidential order?

 

- OS

 

Well, I guess he will need to write another EO to take care of that, right after he sends out his EO stating he now has the right to create laws...

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