Posts Tagged ‘federal bureaucrats’

Obama Executive Order Cannot Legally Enact Rifle-Reporting Law

July 14, 2011

Effort to Bypass Congress Is Illegitimate, Experts Say

Similar Laws Have Required Bills, Open Debate, Recorded Votes

News Media Asleep at the Wheel, Reporting Without Questioning

Firearm Owners Protection Act Bans Such Proposals Altogether

Congress Already Rejected Reporting for Long Guns

If this stands up, limits on power fall apart — Is that the true goal of Project Gunrunner?

The effort by the Obama administration to establish new gun law by executive order is not a legal method for enacting law in the United States, according to Alan Korwin, a national expert on gun law and author of nine books on the subject. Other experts agree that such a measure requires an act of Congress, and cannot legitimately be implemented by executive order, as Mr. Obama is attempting to do.

“We already have rapid-reporting requirements for multiple firearm sales, for handguns,” Mr. Korwin notes, “and this required Congress to draft and enact a statute, which became federal law 18 U.S.C. §923(g). It’s not legal to create another similar law for long guns without Congress,” Korwin says.

When that law was changed to allow reporting of multiple handgun sales to local authorities, in addition to federal officials, that also required federal law, which was passed as part of the Brady bill. Congress had an opportunity to include long guns in those reporting requirements, and rejected it. Congress is the only entity with legitimate power to change that, Korwin and other experts say.

According to knowledgeable observers, a firearms bill like this would not make it through Congress, since the House is firmly in pro-gun-rights Republican hands. This may explain Obama’s effort to sidestep Congress and attempt to enact a gun law by decree instead of due process and open
transparent deliberation. “Mr. Obama knows such a bill would have no chance of passage in the current Congress. His attempt to avoid Congress is an affront to all Americans, regardless of where they stand on the gun-rights issue,” said Larry Pratt, executive director of Gun Owners of America. “Apparently the president is a fan of former Clinton advisor Paul Begala’s approach to government: “Stroke of the pen, law of the land. Kinda cool!”

A president who attempts to pass laws on his own is dangerous to the nation.

“If the administration can get away with this and enact new law without Congress, there is no practical limit on presidential exercise of power, a truly frightening development,” says Philip Van Cleave, a civil-rights activist and president of the Virginia Citizens Defense League. “Even attempting to grab such power is a tyrannical act,” Van Cleave says.

No justification or rationale is known that would allow such action regarding rifle sales, when the essentially same law for handguns required a bill and proper passage. This goes even one step further than Obama’s federal health care law, which then Speaker of the House Nancy Pelosi said we would have to pass to learn what’s in it. That at least used Congress for an appearance of legitimacy, this bypasses Congress completely.

Equal treatment under the law would also be defeated by the move, since the attempt singles out dealers in only four states — California, Arizona, New Mexico and Texas. One gun dealer, who refused to be identified, pointed out that this will force Mexico’s deadly vicious drug cartels to make their illegal straw purchases in the other 46 states.

Nevada, Utah, Colorado and Oklahoma are the next closest states to the Mexican border, and could conceivably see an uptick in the sales Obama claims he is trying to thwart. Those states would be under no obligation to report multiple sales, though licensed dealers are typically vigilant and report sales that seem suspicious, if for no other reason than to protect their licenses to operate.

“The whole scheme is preposterous,” says Kim Grady, a board member and national coordinator for Second Amendment Sisters. “Federal agents were the ones smuggling guns into Mexico in the first place, to bolster the numbers Mr. Obama, Hillary Clinton and Eric Holder were loudly promoting to build support for more gun control — even after their numbers were exposed as false,” Ms. Grady notes. “The ATF-managed straw sales were repeatedly reported to ATF officials, who ignored the information. Now dealers will be required to do what they were already doing, to the rogue agency that ignored them? This has nothing to do with gun control, and everything to do with control.” If a new law is needed, Grady said, it’s one to imprison federal agents who cooperate in gun smuggling, not more paperwork for honest and conscientious licensed business people.

According to ATF, the new edict will generate 18,000 reports in a year. It is unknown where the staff and money to handle such a load will come from, or how the information will be used. FOPA specifically bans collecting this information in any sort of federal facility.

According to Charles Heller, the newly appointed executive director of Jews for the Preservation of Firearms Ownership, “The ultimate aim of all regulations like the one in this executive order, is to make it so difficult for private citizens to own and shoot a gun, that they no longer bother to do so. This is EXACTLY what the Declaration of Independence, whose anniversary we just celebrated, refers to as ‘sending forth agents to eat out our substance.'”

Heller notes that, “In the recent Gunrunner debacle, the Obama administration attempted to pad the statistics of ‘crime guns’ going to Mexico from the U.S. This is a violation of several U.S. laws, committed by law enforcement agents who failed to refuse illegal orders. The solution is simple and straightforward — disarm the agents and decertify the agency as a law enforcement organization. Remove their badges, and give them business cards like any other bureaucrats. Turn them from jack-boots into gumshoes.”

According to published reports, Obama promised action on gun restrictions to long-time anti-rights activist Sarah Brady, saying they would come “under the radar,” after he got things properly positioned. It defies imagination to suggest that Project Gunrunner, and the Fast and Furious smuggling crimes were just fronts that had nothing to do with padding the numbers, gun smuggling, or even building political support for gun control. “If that was just a smokescreen, all arranged so Mr. Obama could begin enacting gun law by decree instead of through Congress, now that would be one slick pre-planned political stratagem,” said author Korwin, adding, “I can’t believe he’s that clever, but it sure looks like he’s getting that result.”

The NRA has promised a lawsuit to fight the administration’s decree, about the only action short of impeachment that can be taken if a president acts outside the law. That case would be heard in federal courts, which operate under Obama’s Justice Dept. and AG Eric Holder, which have in the past mysteriously dismissed cases they did not like. Voter intimidation by a black panther in Philadelphia, for example, disappeared, even though the club-wielding perp was caught on videotape.

###

BACKGROUNDER

As early as Dec. 17, 2010, the National Shooting Sports Foundation reported that an effort was underway to create rifle-reporting requirements:

“An editorial in today’s Washington Post discussed the recent decision by ATF to require federally licensed firearms retailers along the Southwest border to report multiple sales, or other dispositions, of most semi-automatic rifles. Specifically this would impact semi-automatic rifles that are larger than .22 caliber, capable of accepting a detachable magazine and are purchased by the same individual within five consecutive business days.

“Though the Post supports this ill-advised proposal, it did acknowledge the legitimacy surrounding one of industry’s objections:

“When reports of its plan surfaced, the administration came under immediate attack from the gun rights lobby. The National Shooting Sports Foundation, the firearms industry trade association, argued that the administration lacked the legal authority to demand data on rifles and shotguns. It has a point: While Congress authorized the ATF to collect information on handgun sales, it declined to extend the requirement to long guns. A court is likely to be asked to decide whether demand letters may be used to shake loose this information …”
http://www.nssfblog.com/atf-to-require-multiple-sales-reports-for-long-guns/

NSSF continues to oppose multiple sales reporting of semi-automatic rifles. Such reporting requirements will actually make it more difficult for licensed retailers to help law enforcement as traffickers modify their illegal schemes to circumvent the reporting requirement. Traffickers will go further underground, hiring more people to buy their firearms. This will make it much harder for retailers to identify and report suspicious behavior to law enforcement.
http://www.nssfblog.com/more-on-atf-multiple-sales-reporting/

NSSF would also like to remind all members of industry, sportsmen and gun owners to voice their concerns by doing the following:

1. — Call the Office of Management and Budget, Office of Information and Regulation Affairs, Department of Justice, Desk Officer at (202) 395-6466.

2. — E-mail Barbara A. Terrell, ATF, Firearms Industry Programs Branch at Barbara.Terrell@atf.gov

3. — Call your Senators and Representative: United States Capitol Switchboard: 202-224-3121

The NSSF reports that, “According to ATF, the average age of a firearm recovered in the United States is 11 years old. In Mexico it’s more than 14 years old. This demonstrates that criminals are not using new guns bought from retailers in the states.”

Congress, when it enacted multiple sales reporting for handguns, could have required multiple sales of long guns — it specifically chose not to.

The Washington Post reported on Dec. 17 of last year that, “The plan (to register rifles) by the Bureau of Alcohol, Tobacco, Firearms and Explosives revives a proposal that has languished at the Justice Department and in the Obama administration for several months, according to people with knowledge of the proposal… The idea of such a requirement is so controversial to many gun owners that administration officials proceeded cautiously for fear of provoking the National Rifle Association, sources said.”

The paper quoted Ted Novin, a spokesman for the National Shooting Sports Foundation, who noted the timing after the election and said, “This is an ill-considered proposal and one that ATF does not have the legal authority to unilaterally impose.”

The Post also quoted NRA chief lobbyist Chris Cox, “This administration does not have the guts to build a wall (on the border), but they do have the audacity to blame and register gun owners for Mexico’s problems,” Cox said. “NRA supports legitimate efforts to stop criminal activity, but we will not stand idle while our Second Amendment is sacrificed for politics.”

The original idea, says the Post, was to label the operation as an emergency, and have ATF issue a “demand letter” to 8,500 dealers in the four border states requiring the new reports to a centralized federal facility.

When the NRA got wind of the idea back then, it warned its four million members in a “grassroots alert” that the administration might try to go around Congress to get such a plan enacted as an executive order or rule.

“Emergency approval would last six months, after which the requirement would end unless other action were taken, the draft states,” according to the Post. That time is now up and Obama has seen fit to attempt to continue the operation, in defiance of law and with disregard for Congress.
http://tinyurl.com/6c37t97

From the Firearm Owners Protection Act 18 USC §926 Rules and regulations

“The Attorney General may prescribe only such rules and regulations as are necessary to carry out the provisions of this chapter…

(3)… No such rule or regulation prescribed after the date of the enactment of the Firearms Owners’ Protection Act (1986) may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established.”
This is a special report from The Uninvited Ombudsman, Alan Korwin, author of the Page Nine news media watchblog.
http://www.gunlaws.com/PageNineIndex.htm

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“Don’t be a spectator in the struggle to preserve freedom.”

“No one could make a greater mistake than he who did nothing because he could do only a little.”
–Edmund Burke

Public sentiment is everything. With public sentiment, nothing can fail. Without it, nothing can succeed. –Abraham Lincoln
============

Resources from Bloomfield Press:

If you want to help make a difference, take a look at my page on Tactics That Work:
http://www.gunlaws.com/Tactics%20That%20Work.htm

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http://www.gunlaws.com/PageNineIndex.htm

For researched info on News Media Bias:
http://www.gunlaws.com/NewsAccuracy.htm

See my latest papers, news, Updates and more:
http://www.gunlaws.com/newstuff.htm

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11 reasons why the elections in 2010 will be the most important in the history of the United States

March 21, 2010

By Dr. Ron Paul – U. S. Congressman

January  12, 2010

What would you say if I gave you 11 reasons why the elections in 2010 will be the most important in the history of the United States?

1.  What if I had told you in October 2008, before the last presidential election, that before Barack Obama’s first 100 days in office, the federal government would be in control of both the mortgage and the banking industries? That 19 of America’s largest banks would be forced to undergo stress tests by the federal government which would determine if they were insufficiently capitalized, so they must be supervised by the government?

Would you have said, “C’mon that will never happen in America.”

2.  What if I had told you that within Barack Obama’s first 100 days in office the federal government would be the largest shareholder in two of the US Big-Three automakers:  Ford, GM, and Chrysler? That the government would kick out the CEO’s of these companies and appoint hand-picked executives with zero experience in the auto industry and that executive compensation would be determined, not by a Board of Directors, but by the government?

Would you have said, “C’mon that will never happen in America.”

3.  What if I had told you that Barack Obama would appoint 21 Czars, without congressional approval, accountable only to him, not to the voters, who would have control over a wide range of US policy decisions. That there would be a Stimulus Accountability Czar, an Urban Czar, a Compensation Czar, an Iran Czar, an Auto Industry Czar, a Cyber Security Czar, an Energy Czar, a Bank Bailout Czar, and more than a dozen other government bureaucrats with unchecked regulatory powers over US domestic and foreign policy.

Would you have said, “Cmon that will never happen in America.”

4.  What if I had told you that the federal deficit would be $915 billion in the first six months of the Obama presidency – with a projected annual deficit of $1.75 trillion – triple the $454.8 billion in 2008, for which the previous administration was highly criticized by Obama and his fellow Democrats. That congress would pass Obama’s $3.53 trillion federal budget for fiscal 2010. That the projected deficit over the next ten years would be greater than $10 trillion.

Would you have said, “Cmon that will never happen in America.”

5.  What if I had told you that the Obama Justice Department would order FBI agents to read Miranda rights to high-value detainees captured on the battlefield and held at US military detention facilities in Afghanistan. That Obama would order the closing of the Guantanamo detention facility with no plan for the disposition of the 200-plus individuals held there. That several of the suspected terrorists at Guantanamo   would be sent to live in freedom in Bermuda at the expense of the US Government. That some of our returning US Veterans would be labeled terrorists and put on a watch list.

Would you have said, “Cmon that will never happen in America.”

6.  What if I had told you that the federal government would seek powers to seize key companies whose failures could jeopardize the financial system. That a new regulatory agency would be proposed by Obama to control loans, credit cards, mortgage-backed securities, and other financial products offered to the public.

Would you have said, “Cmon that will never happen in America.”

7.  What if I had told you that Obama would travel to the Middle East, bow before the Saudi king, and repeatedly apologize for America’s past actions. That he would travel to Latin America where he would warmly greet Venezuela’s strongman Hugo Chavez and sit passively in the audience while Nicaraguan Marxist thug Daniel Ortega charged America with terrorist aggression in Central America.

Would you have said, “Cmon that will never happen in America.”

8.  Okay, now what if I were to tell you that Obama wants to dismantle conservative talk radio through the imposition of a new “Fairness Doctrine.” That he wants to curtail the First Amendment rights of those who may disagree with his policies via internet blogs, cable news networks, or advocacy ads. That most major network television and most newspapers will only sing his phrases like state-run media in communist countries?

Would you say, “Cmon that will never happen in America.”

9.  What if I were to tell you that the Obama Justice Department is doing everything it can to limit your Second  Amendment rights to keep and bear arms. That the federal government wants to reinstate the so-called assault weapons ban which would prohibit the sale of any type of firearm that does not require the shooter to pull the trigger every time a round is fired. That Obama’s Attorney General wants to eliminate the sale of virtually all handguns and ammunition, which most citizens choose for self-defense.

Would you say, “Cmon that will never happen in America.”

10.  What if I were to tell you that the Obama plan is to eliminate states rights guaranteed by the Tenth Amendment and give the federal government sweeping new powers over policies currently under the province of local and state governments and voted on by the people. That Obama plans to control the schools, energy production, the environment, health care, and the wealth of every US Citizen.

Would you say, “C’mon, that will never happen in America.”

11.  What if I were to tell you that the president, the courts, and the federal government have ignored the US Constitution and have seized powers which the founders of our country fought to restrict. That our last presidential election may have been our last truly free election for some time to come. That our next presidential election may look similar to the one recently held in Iran.  (And maybe under review by ACORN.)

I know – I know what you will say. That will never happen in America .

Hopefully you realize the significance of taking the census away from the Commerce Department and placing it under the White House, where Acorn has been given broad authority to manage it.

“The 2010 election cycle is just around the corner. We must redouble our efforts to educate our fellow citizens, recruit and support liberty candidates, and marshal our resources for the battle ahead.” – Ron Paul

You Can’t Make The Wind Blow, But You Can Set Your Sails In Preparation….

A couple of years ago, I would’ve laughed this kind of writing off as “conspiracy theorist” stuff.  Today, I look in disbelief at how quickly all of this has happened and am AMAZED at how the Constitution is completely disregarded while we all watch our Country being dismantled before our eyes!  I believe this is all true.  Watch closely and be alert!  Be ready to defend our 1st and 2nd Amendment rights.  It will be subtle, like the so-called “Fairness Doctrine”.  Scary, indeed!

The Truth About the Health Care Bills

January 12, 2010

A retired Constitutional lawyer has read the entire proposed healthcare bill. Here is his summary. Do your own analysis. See if you agree or disagree.  There is information below if you wish to research the background of this message.  Please take the bit of time required to read this.

The Truth About the Health Care Bills – Michael Connelly, Ret. Constitutional Attorney

Well, I have done it!  I have read the entire text of proposed House Bill 3200: The Affordable Health Care Choices Act of 2009. I studied it with particular emphasis from my area of expertise, constitutional law.  I was frankly concerned that parts of the proposed law that were being discussed might be unconstitutional. What I found was far worse than what I had heard or expected.

To begin with, much of what has been said about the law and its implications is in fact true, despite what the Democrats and the media are saying.  The law does provide for rationing of health care, particularly where senior citizens and other classes of citizens are involved, free health care for illegal immigrants, free abortion services, and probably forced participation in abortions by members of the medical profession.

The Bill will also eventually force private insurance companies out of business, and put everyone into a government run system.  All decisions about personal health care will ultimately be made by federal bureaucrats, and most of them will not be health care professionals.  Hospital admissions, payments to physicians, and allocations of necessary medical devices will be strictly controlled by the government.

However, as scary as all of that is, it just scratches the surface.  In fact, I have concluded that this legislation really has no intention of providing affordable health care choices.  Instead it is a convenient cover for the most massive transfer of power to the Executive Branch of government that has ever occurred, or even been contemplated  If this law or a similar one is adopted, major portions of the Constitution of the United States will effectively have been destroyed.

The first thing to go will be the masterfully crafted balance of power between the Executive, Legislative, and Judicial branches of the U.S. Government.  The Congress will be transferring to the Obama Administration authority in a number of different areas over the lives of the American people, and the businesses they own.

The irony is that the Congress doesn’t have any authority to legislate in most of those areas to begin with!  I defy anyone to read the text of the U.S. Constitution and find any authority granted to the members of Congress to regulate health care.

This legislation also provides for access, by the appointees of the Obama administration, of all of your personal healthcare (direct violation of the specific provisions of the 4th Amendment to the Constitution) information, your personal financial information, and the information of your employer, physician, and hospital.  You can also forget about the right to privacy.  That will have been legislated into oblivion regardless of what the 3rd and 4th Amendments may provide.

If you decide not to have healthcare insurance, or if you have private insurance that is not deemed acceptable to the Health Choices Administrator appointed by Obama, there will be a tax imposed on you. It is called a tax instead of a fine because of the intent to avoid application of the due process clause of the 5th Amendment. However, that doesn’t work because since there is nothing in the law that allows you to contest or appeal the imposition of the tax, it is definitely depriving someone of property without the due process of law.

So, there are three of those pesky amendments that the far left hate so much, out of the original ten in the Bill of Rights, that are effectively nullified by this law It doesn’t stop there though.

The 9th Amendment that provides: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people;

The 10th Amendment states: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are preserved to the States respectively, or to the people.  Under the provisions of this piece of Congressional handiwork neither the people nor the states are going to have any rights or powers at all in many areas that once were theirs to control.

I could write many more pages about this legislation, but I think you get the idea.  This is not about health care; it is about seizing power and limiting rights. Article 6 of the Constitution requires the members of both houses of Congress to “be bound by oath or affirmation to support the Constitution.” If I were a member of Congress I would not be able to vote for this legislation or anything like it, without feeling I was violating that sacred oath or affirmation.  If I voted for it anyway, I would hope the American people would hold me accountable.

For those who might doubt the nature of this threat, I suggest they consult the source, the US Constitution, and Bill of Rights. There you can see exactly what we are about to have taken from us.

Michael Connelly
Retired attorney,
Constitutional Law Instructor
Carrollton, Texas

AFTER HAVING READ THIS,  PLEASE FORWARD….

WE MUST HOLD CONGRESS ACCOUNTABLE BEFORE IT IS TOO LATE.

Richard Slemaker

Publisher Medicine Magazine

3733-1 Westheimer Road, Suite 1020

Houston, Texas 77027-5226

USA

WEB: www.medicinemagazine..us

www.medicine-magazine.com

Email: rwsiii@worldmediaplace.com

This is the scariest stuff imaginable.  We are the biggest dupes in the world if we don’t get rid of this cancer.


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