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Executive orders are supposed to be used in times of National Security matters protecting the executive branch. EO's do not write law and they do not supersede the Constitution of the United States.
http://www.theblaze.com/stories/2015/12/10/white-house-finalizing-plan-to-take-major-gun-control-action-using-executive-authority-valerie-jarrett-says/
http://hosted.ap.org/dynamic/stories/U/US_OBAMA_GUNS?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2015-12-10-12-31-01
http://www.nbcconnecticut.com/news/local/Governor-Expected-to-Make-Major-Public-Safety-Announcement-361438091.html
http://www.theblaze.com/stories/2015/12/10/white-house-finalizing-plan-to-take-major-gun-control-action-using-executive-authority-valerie-jarrett-says/
http://hosted.ap.org/dynamic/stories/U/US_OBAMA_GUNS?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2015-12-10-12-31-01
http://www.nbcconnecticut.com/news/local/Governor-Expected-to-Make-Major-Public-Safety-Announcement-361438091.html
Edited 9 y ago
Posted 9 y ago
Responses: 20
Executive Orders cannot be used to "create law." They can be used in "absence of Law" or to "clarify existing Law" however. The CURRENT LAW specifically allows Person to Person Transfers (what is miscalled the "gun show loophole") therefore "closing it" would be outside the power of an EO.
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PO3 Brad Phlipot
Thank you SGT so glad to see so many can discern and think for themselves. I am so tired of the PC and BS mainstream media giving half truths.
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Sgt Aaron Kennedy, MS
PO3 Dale S. You're correct, it should, but this falls under "discretionary Power." For example the UCMJ is "defined" by Legislature but actually "written" by Executive Order. The Controlled Substance Act (CSA) is the Framework of LAW, but the actual "schedule" (the drugs) within it are handled by the EOs.
Legislature moves to slowly to handle all instances in a Nation. EO allows for "policy" It MUST exist, though it can easily be abused.
The big thing is that it can't create Law. That's rule #1. It can be used to do things with Executive Power, but it has hard limits.
Legislature moves to slowly to handle all instances in a Nation. EO allows for "policy" It MUST exist, though it can easily be abused.
The big thing is that it can't create Law. That's rule #1. It can be used to do things with Executive Power, but it has hard limits.
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Everyone focuses on the 2d Amendment, but the real issues with this EO is in relation to the Due Process Clause of the 5th and 14th Amendments. People on the "no-fly" list have not committed a crime, other than come to be watched by the federal government. They have also not had their day in court to determine that they are no longer competent to purchase or own a firearm. Without due process, this is pretty clearly unconstitutional.
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LT (Join to see)
Bingo. As far as the no-fly list, it is also notoriously inaccurate and inaccessible to the public.
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Background checks are common sense. (I am a Texan and pro-gun) However, if you try to take any type of gun off the table of ownership by private citizens the next civil war will begin. Why? Read the 2nd Amendment in its entirety. Internalize why it exists. At the heart of the amendment is a group of founding fathers that did not believe in a standing army (of which we were/are a part of). They felt that eventually that standing army could turn against its citizens. In order to allow those citizens to stand up to that standing army, "the right to bear arms shall not be infringed". So why assault weapons? The 2nd amendment is not the protect the right to hunt or sport. It is to protect against a standing army, armed with assault rifles, turning against its citizens.
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PO3 Brad Phlipot
Yes sir I am aware of this as my links detailed coming executive actions. Someone on the "No Fly List" has not actually committed a crime or had a trial by their peers. To say that anyone on this list cannot own a firearm is a breach of law, hell 72 DHS employees are on the No Fly List and countless others that do not even know they are on it. The best one I read and researched was a 2yr old was added to the list. WTF, over.
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PO3 (Join to see)
lol I can heard some echo on the background calling you an extremist :).
Keep the powder dry :P.
Keep the powder dry :P.
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SN Greg Wright
CW4 (Join to see) Not sure civil war is the proper term. More like, revolution. Insurrection? It'd pretty much be be the whole country fighting the gubment, not each other. IMO.
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CW4 (Join to see)
We prolly need something to unite everyone. The divider-in-chief has done a great job racially dividing everyone. Nothing brings people together like a common enemy.
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