Posts Tagged ‘Gun Laws’

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

Sign up for direct email reports yourself
http://www.gunlaws.com

We’ve added more than two dozen new books and DVDs to our line:
http://www.gunlaws.com/books19Newer.htm

“My Parents Open Carry”

“Surviving a Massacre, Rampage or Spree Shooting”

“Self Defense Laws of all 50 States”

“Bomb Jokes at Airports”

“After You Shoot: Your gun’s hot. The perp’s not. Now what?”

“America’s Godly Heritage”

Lots more, check it out
http://www.gunlaws.com/books19Newer.htm

Get our new full-color catalog absolutely FREE
http://www.gunlaws.com/catalog.htm

Alan Korwin
Bloomfield Press
“We publish the gun laws.”
4848 E. Cactus, #505-440
Scottsdale, AZ 85254
602-996-4020 Phone
602-494-0679 Fax
1-800-707-4020 Orders
http://www.gunlaws.com
alan@gunlaws.com
Call, write, fax or click for free full-color catalog
(This is our address and info as of Jan. 1, 2007)

“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

To see prior issues of my media watchblog, Page Nine:
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

To find a law anywhere in the country, use our widely acclaimed National Directory:
http://www.gunlaws.com/links/index.htm

You can check out our growing line of Specialty Books with DVDs for gun owners and supporters of freedom and plain-English guides to gun laws across the nation:
http://www.gunlaws.com/books.htm

And finally, for logical, common-sense, reasonable positions on gun issues, try my Position Papers:
http://www.gunlaws.com/updates.htm

Second Amendment Decided Tomorrow

June 27, 2010

Time is up for the U.S. Supreme Court to issue its decision in the monumental gun-rights case, McDonald v. Chicago. The case basically asks the question, “Do the states have to obey the Second Amendment right of the people to keep and bear arms?” As originally written, the Bill of Rights was a limit on federal power only. However, under the 14th Amendment of 1868, the states were gradually brought under the control of the Bill of Rights, one small piece at a time, by Supreme Court decisions.

Chicago (and hence Illinois, along with many other localities around the nation) have basically thumbed their noses at the right to keep and bear, and hence this case to determine whether local governments can do that, or whether they are obligated to respect the rights, due process, privileges and immunities, and equal protection of all Americans. June 28 marks the end of the High Court’s season, and as expected, they’ve waited until the last day for this blockbuster. The decision will come sometime after 7 a.m. Arizona time (10 a.m. in D.C.). Pro-rights advocates are waiting to see the word “Reversed,” meaning the lower court ruling that says you have no rights is overturned, and the states are bound by 2A. Anti-rights advocates hope to see “Affirmed,” meaning Chicago can continue to deny the right to keep and bear arms to anyone in the city, as it sees fit.

A word of caution — “news” outlets will race to report on the decision, which past experience has shown will be highly inaccurate, replete with misunderstandings and bad characterizations, deliberate distortions (like, the world will end thanks to the decision), and blatant spin (we’re doomed, what is the Supreme Court doing to us, what about crime — whichever way the decision goes). They will likely get the headline right (affirmed or reversed) and summarize the unofficial non-binding summary (called the syllabus, published at the head of each case).

But keep in mind it will be impossible to read and comprehend the thick pages of legaleses that are the decision, when a well groomed talking head with little understanding of firearms policy or High Court procedure talks to you within five minutes of the decision coming out. See how they did this in words and pictures http://www.gunlaws.com/SCGC-HellerPhotos4.htm in the previous case, from my detailed account in Heller http://www.gunlaws.com/hc.htm. I will release a detailed evaluation and analysis of McDonald, after conferring with experts nationwide, after enough time to do the legwork. Watch for it.

“After America, There is No Place to Go” by Kitty Werthmann

March 24, 2010

The author of this article lives in South Dakota and is very active in attempting to maintain our freedom. I encourage everybody to read this article and pass it along.  I see so many parallels in this country–are we going to sit by and watch it happen?  Spread the word; also contact your congressional reps; vote them out if they don’t do what they should.  If you don’t want to be bothered, then you’re part of the problem! Google Kitty Werthmann and you will see articles and videos.

Kitty Werthmann

By: Kitty Werthmann

What I am about to tell you is something you’ve probably never heard or will ever read in history books.

I believe that I am an eyewitness to history.  I cannot tell you that Hitler took Austria by tanks and guns; it would distort history.  We elected him by a landslide – 98% of the vote…  I’ve never read that in any American publications.  Everyone thinks that Hitler just rolled in with his tanks and took Austria by force.

In 1938, Austria was in deep Depression.  Nearly one-third of our workforce was unemployed.  We had 25% inflation and 25% bank loan interest rates.

Farmers and business people were declaring bankruptcy daily.  Young people were going from house to house begging for food.  Not that they didn’t want to work; there simply weren’t any jobs.  My mother was a Christian woman and believed in helping people in need.  Every day we cooked a big kettle of soup and baked bread to feed those poor, hungry people – about 30 daily.

The Communist Party and the National Socialist Party were fighting each other.  Blocks and blocks of cities like Vienna, Linz, and Graz were destroyed.  The people became desperate and petitioned the government to let them decide what kind of government they wanted.

We looked to our neighbor on the north, Germany, where Hitler had been in power since 1933.  We had been told that they didn’t have unemployment or crime, and they had a high standard of living.  Nothing was ever said about persecution of any group — Jewish or otherwise.  We were led to believe that everyone was happy.  We wanted the same way of life in Austria. We were promised that a vote for Hitler would mean the end of unemployment and help for the family.  Hitler also said that businesses would be assisted, and farmers would get their farms back.  Ninety-eight percent of the population voted to annex Austria to Germany and have Hitler for our ruler.

We were overjoyed, and for three days we danced in the streets and had candlelight parades.  The new government opened up big field kitchens and everyone was fed.

After the election, German officials were appointed, and like a miracle, we suddenly had law and order.  Three or four weeks later, everyone was employed.  The government made sure that a lot of work was created through the Public Work Service.

Hitler decided we should have equal rights for women.  Before this, it was a custom that married Austrian women did not work outside the home.  An able-bodied husband would be looked down on if he couldn’t support his family.  Many women in the teaching profession were elated that they could retain the jobs they previously had been required to give up for marriage.

Hitler Targets Education – Eliminates Religious Instruction for Children:

Our education was nationalized.  I attended a very good public school.  The population was predominantly Catholic, so we had religion in our schools. The day we elected Hitler (March 13, 1938), I walked into my schoolroom to find the crucifix replaced by Hitler’s picture hanging next to a Nazi flag. Our teacher, a very devout woman, stood up and told the class we wouldn’t pray or have religion anymore.  Instead, we sang “Deutschland, Deutschland, Uber Alles,” and had physical education.

Sunday became National Youth Day with compulsory attendance.  Parents were not pleased about the sudden change in curriculum.  They were told that if they did not send us, they would receive a stiff letter of warning the first time.  The second time they would be fined the equivalent of $300, and the third time they would be subject to jail.  The first two hours consisted of political indoctrination.  The rest of the day we had sports.  As time went along, we loved it.  Oh, we had so much fun and got our sports equipment free.  We would go home and gleefully tell our parents about the wonderful time we had.

My mother was very unhappy.  When the next term started, she took me out of public school and put me in a convent.  I told her she couldn’t do that and she told me that someday when I grew up, I would be grateful.  There was a very good curriculum, but hardly any fun – no sports, and no political indoctrination.  I hated it at first but felt I could tolerate it.  Every once in a while, on holidays, I went home.  I would go back to my old friends and ask what was going on and what they were doing.  Their loose lifestyle was very alarming to me.  They lived without religion.  By that time unwed mothers were glorified for having a baby for Hitler.  It seemed strange to me that our society changed so suddenly.  As time went along, I realized what a great deed my mother did so that I wasn’t exposed to that kind of humanistic philosophy.

Equal Rights Hits Home:

In 1939, the war started and a food bank was established.  All food was rationed and could only be purchased using food stamps.  At the same time, a full-employment law was passed which meant if you didn’t work, you didn’t get a ration card, and if you didn’t have a card, you starved to death. Women who stayed home to raise their families didn’t have any marketable skills and often had to take jobs more suited for men.

Soon after this, the draft was implemented.  It was compulsory for young people, male and female, to give one year to the labor corps.  During the day, the girls worked on the farms, and at night they returned to their barracks for military training just like the boys.  They were trained to be anti-aircraft gunners and participated in the signal corps.  After the labor corps, they were not discharged but were used in the front lines.  When I go back to Austria to visit my family and friends, most of these women are emotional cripples because they just were not equipped to handle the horrors of combat.  Three months before I turned 18, I was severely injured in an air raid attack.  I nearly had a leg amputated, so I was spared having to go into the labor corps and into military service.

Hitler Restructured the Family Through Daycare:

When the mothers had to go out into the work force, the government immediately established child care centers.  You could take your children ages 4 weeks to school age and leave them there around-the-clock, 7 days a week, under the total care of the government.  The state raised a whole generation of children…  There were no motherly women to take care of the children, just people highly trained in child psychology.  By this time, no one talked about equal rights.  We knew we had been had.

Health Care and Small Business Suffer Under Government Controls:
Before Hitler, we had very good medical care. Many American doctors trained at the University of Vienna.  After Hitler, health care was socialized, free for everyone.  Doctors were salaried by the government.  The problem was, since it was free, the people were going to the doctors for everything. When the good doctor arrived at his office at 8 a.m., 40 people were already waiting and, at the same time, the hospitals were full.  If you needed elective surgery, you had to wait a year or two for your turn.  There was no money for research as it was poured into socialized medicine.  Research at the medical schools literally stoppedso the best doctors left Austria and emigrated to other countries.

As for healthcare, our tax rates went up to 80% of our income. Newlyweds immediately received a $1,000 loan from the government to establish a household.  We had big programs for families.  All day care and education were free.  High schools were taken over by the government and college tuition was subsidized.  Everyone was entitled to free handouts, such as food stamps, clothing, and housing.

We had another agency designed to monitor business.  My brother-in-law owned a restaurant that had square tables.  Government officials told him he had to replace them with round tables because people might bump themselves on the corners.  Then they said he had to have additional bathroom facilities. It was just a small dairy business with a snack bar.  He couldn’t meet all the demands.  Soon, he went out of business.  If the government owned the large businesses and not many small ones existed, it could be in control. We had consumer protection.  We were told how to shop and what to buy.  Free enterprise was essentially abolished.  We had a planning agency specially designed for farmers.  The agents would go to the farms, count the live-stock, then tell the farmers what to produce, and how to produce it.

“Mercy Killing” Redefined:
In 1944, I was a student teacher in a small village in the Alps.  The villagers were surrounded by mountain passes which, in the winter, were closed off with snow, causing people to be isolated.  So people intermarried and offspring were sometimes retarded.  When I arrived, I was told there were 15 mentally retarded adults, but they were all useful and did good manual work.  I knew one, named Vincent, very well.  He was a janitor of the school.  One day I looked out the window and saw Vincent and others getting into a van.  I asked my superior where they were going.  She said to an institution where the State Health Department would teach them a trade, and to read and write.  The families were required to sign papers with a little clause that they could not visit for 6 months.  They were told visits would interfere with the program and might cause homesickness.

As time passed, letters started to dribble back saying these people died a natural, merciful death.  The villagers were not fooled.  We suspected what was happening.  Those people left in excellent physical health and all died within 6 months.  We called this euthanasia.

The Final Steps – Gun Laws:

Next came gun registration… People were getting injured by guns.  Hitler said that the real way to catch criminals (we still had a few) was by matching serial numbers on guns.  Most citizens were law abiding and dutifully marched to the police station to register their firearms.  Not long after-wards, the police said that it was best for everyone to turn in their guns.  The authorities already knew who had them, so it was futile not to comply voluntarily.

No more freedom of speech. Anyone who said something against the government was taken away.  We knew many people who were arrested, not only Jews, but also priests and ministers who spoke up.

Totalitarianism didn’t come quickly, it took 5 years from 1938 until 1943, to realize full dictatorship in Austria. Had it happened overnight, my countrymen would have fought to the last breath.  Instead, we had creeping gradualism.  Now, our only weapons were broom handles.  The whole idea sounds almost unbelievable that the state, little by little eroded our freedom.

After World War II, Russian troops occupied Austria. Women were raped, preteen to elderly.  The press never wrote about this either.  When the Soviets left in 1955, they took everything that they could, dismantling whole factories in the process.  They sawed down whole orchards of fruit, and what they couldn’t destroy, they burned…  We called it The Burned Earth. Most of the population barricaded themselves in their houses.  Women hid in their cellars for 6 weeks as the troops mobilized.  Those who couldn’t, paid the price.  There is a monument in Vienna today, dedicated to those women who were massacred by the Russians.

This is an eye witness account.  It’s true…those of us who sailed past the Statue of Liberty came to a country of unbelievable freedom and opportunity.

America Truly is the Greatest Country in the World.

Don’t Let Our Freedom Slip Away!

“After America, There is No Place to Go”

Please forward this message to other voters who may not have it.


%d bloggers like this: