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Pending Gun EO Chatter, Update See Post #114


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I've been giving this some thought. Here is what I believe would very likely happen if something like this were passed and upheld by the Supreme Court:

 

Tor would become the browser of choice for gun owners who choose not to comply. A market, if it doesn't already exist on the dark web, would form for the purposes of buying and selling guns without the government interference. You can already get everything else under the sun there, so I see no reason guns would be any different. The potential downside is that you run the risk of unintentionally selling to a cop, but I think there could easily be a reputation based system to take care of that for the most part. Not to mention, I believe a lot of cops would actually be on our side on this issue. Of course nothing is 100% foolproof, but that is no different than anything today.

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I've been giving this some thought. Here is what I believe would very likely happen if something like this were passed and upheld by the Supreme Court:

 
Well, unless he wrote in an actual criminal charge for you and me in the EO, there's nothing to be "upheld" in that regard.
 

The potential downside is that you run the risk of unintentionally selling to a cop, but I think there could easily be a reputation based system to take care of that for the most part. Not to mention, I believe a lot of cops would actually be on our side on this issue. Of course nothing is 100% foolproof, but that is no different than anything today.


Well, as far as that goes, TN has law that no state resources will be used to enforce federal gun laws or EOs that conflict with ours, so that might not be an issue at all.

- OS

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The other issue the antis keep harping about are these "internet gun sales". Manchin-Toomey had a provision in there for that also, but don't remember the details.

 

Meaning, what, exactly? Any internet sale from a retailer already requires that the firearm be shipped to a FFL for transfer. Anyone else is still bound by federal and state law dealing with the actual personal transfer.

 

Maybe means no Trading Post type component like we have here? If so, again, with what kind of possible penalty that could actually be called for beyond existing federal law, under which it is not now illegal?

 

- 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


How about an extreme? (Ignoring the fact that any such EO would be illegal and null and void. But of course, illegal laws are enforced all the time.)

He signs an EO which does not contain a penalty. Despite there being no penalty some overzealous fed ossifer arrests someone for breaking the "law".

He goes to court and is convicted. Is it a misdemeanor? A felony? Up to the judge? Well, it's a federal firearm crime, so probably a felony.

No worries, there are no penalties written into Ze Orden. So no prison time.

But now he's a felon and can't own ANY firearm. There are penalties for that.

Probably far-fetched. But so is this admin.

Just thinking out loud.
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After Sandy Hook, there was an attempt for the "Universal background checks" thus would end private transfer.  From my observations, the gun dealers didn't object, heck, they'd cash in on the background checks.  What I found most disturbing that is a gun owner left home for more than 7 days (I think that was the number), he would legally have to transfer those weapons to someone, and then upon return, transfer back.  This could be a cash cow for gun dealers.  I am retired from the Guard and no longer go on deployments, annual training, etc.  I pointed out to my former Guard company Facebook page to ask the bill was opposed, since comply with the law would be costly, but also if the Spouse, girlfriend or significant other had a arguement with you, he/she could sell the guns at yard sale prices and when Private Smith returns, guns are gone and nothing can be done about it.

 

From what I can see the proposed EO is a water down version of the Senate bill that died.  ATF is under the Executive branch.  Now, how to enforce all the sales between Joe and Fred, who knows?

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After Sandy Hook, there was an attempt for the "Universal background checks" thus would end private transfer.  From my observations, the gun dealers didn't object, heck, they'd cash in on the background checks.  What I found most disturbing that is a gun owner left home for more than 7 days (I think that was the number), he would legally have to transfer those weapons to someone, and then upon return, transfer back.  ..

 

I guess you mean Manchin-Toomey bill that was defeated in Senate? If so, I followed all that pretty closely and don't recall anything in there remotely like that? (hoping not to have to look it up and read it :))

 

- OS

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The president cannot make a law ending private sales of firearms.  Private sales are addressed in the US code.  To change that, you need Congress to pass a bill and president to sign it into law.  The president can look into an executive order but that doesn't mean he can make an executive order that is binding over the US code.

Edited by 300winmag
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The president cannot make a law ending private sales of firearms.  Private sales are addressed in the US code.....

 

Well, actually, they aren't addressed at all. Lawful behavior is generally not mentioned in statutes, except as an exception to an unlawful one or to differentiate some fine point in the difference between the two.

 

- OS

Edited by Oh Shoot
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I too have been given this some more thought.  If O & democrat party is looking for a checkmark as to doing something, he/they will likely get that.  As far as the teeth of the matter, I 100% agree, how will it be enforced.  This EO I liken to this Christmas symbol below:

 

[URL=http://s963.photobucket.com/user/runco0318/media/ONOTEETH_zps42z0kyfs.jpg.html]ONOTEETH_zps42z0kyfs.jpg[/URL]

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Well, I went ahead and sold all my guns...

 

I still have all mine, thing is, prohibiting private sales could only apply to new guns bought after the law went into effect. It's impossible to track the current 300+million guns bought before any such law, no way to prove "when" you may have sold a gun unless, the gubment hires a few new employees to go door to door like the census workers, to 80+million gun owners with some federal gun registration papers to register all the current existing firearms. So the federal gun registration worker shows up at your door with their little clipboard and demands you to tell them all the guns you have and serial numbers. Well, I have a F@$% You model 666 and a Screw You model 999 and a Go F Yourself Model 000, serial number #0U812.

BoBo may try an EO to make his toadies and Obamabots feel good, like he actually did something.

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Any EO he comes out with, I have the intention of violating it on principle.  I don't have any guns I'm in the market for right now, but I'll make it a point to buy/sell if it is a violation of an EO.  I think he's finding out this week that he doesn't get to be a dictator.

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The whole 'background check' is ludicrous.  The sales pitch is that background checks will reduce crime and the ability of terrorists or crazy folks from getting guns.  The reality is that it will have absolutely no such effect.

 

Just like the 4473 requirement and stopping mail-order guns sales in 1968 had no effect on crimes, background checks have had no effect either.

 

It's just one more step to making guns harder to buy, and 'controlling' the law-abiding citizens.

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Drugs without a prescription is illegal, and how many drugs are traded, bartered, sold everyday, everywhere.  How is that government led war on drugs working.  So what is a EO going to do? 

 

I still argue its not about the end result, but a check mark feel good gesture, or in my granny's language to put a feather in ones cap!

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Drugs without a prescription is illegal, and how many drugs are traded, bartered, sold everyday, everywhere.  How is that government led war on drugs working. ...

 

Well, it has kept the prisons full.

 

Of course now, there's an effort to ease up on lots of the drug crime judicially. Which would make room in the prisons for us gun owners I guess.

 

- OS

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Well, it has kept the prisons full.

 

Of course now, there's an effort to ease up on lots of the drug crime judicially. Which would make room in the prisons for us gun owners I guess.

 

- OS

Ha ha ha, I hadn't considered that!  Point well taken!  :up:

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Universal background checks (UBC) is just a stepping stone to registration. The only way to make sure that people aren't transferring without background checks is to have an auditable inventory for everyone...that's what they'll say after UBC is law.
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In honor of Star Wars, the force tells me, its today for the mighty EO, because he is ready to jump on the tax payer funded plane to Hawaii for 2 weeks! 

 

Personal guess it will be like when they passed o-care it will happen on Dec 25th a time when no one is paying attention and by the new year when people start paying attention again it will be "old news"

 

Thanks

Robert

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