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Trump Executive Order Designating "Militia" Rifles

trump executive order militia awb

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46 replies to this topic

#41 psydaddy

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Posted March 26 2017 - 10:20 AM

I don't like the fact that specific types of firearms & ammo are mentioned. I don't like the clause in (f) that states "American made".  I believe the concept of "shall not be infringed" should also apply to automatic weapons.  As a former tank gunner, if I could afford to own a tank, I might want one - and as a law abiding citizen, no one should have anything to fear from me.  There are people who call preppers extreme....I think owning a tank is at the extreme end of the spectrum, but citizens should have that right.

 

There's been alot of talk about Trump resurrecting the 2nd amendment, but I am extremely sceptical that he's going to do anything for gun owners directly.  Indirectly is another story.  Getting Gorsuch onto the Court, and possibly tilting the court in our favor is the only way things will change as every one of the recent challenges should eventually get to the Court.  I am hoping too that Bader-Ginsberg somehow leaves the office during Trump's term.

 

I would like to see national reciprocity - which I think is within reach, but I doubt that permitless carry will ever become the law of the land, as this issue will probably remain a state's right.

 

As for California, I am waiting for the big one that will make Nevada oceanfront property!



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#42 Steyr AUG man

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Posted March 26 2017 - 12:25 PM

Getting Gorsuch onto the Court, and possibly tilting the court in our favor is the only way things will change as every one of the recent challenges should eventually get to the Court. I am hoping too that Bader-Ginsberg somehow leaves the office during Trump's term.

We all want the court to be majority republican to rule in our favor on 2A issues. But a republican court has historically ruled against regular working people in most cases before it.

Yeah, tilting the court would help us on ONE type of issue, 2A related topics. But otherwise, the problem with tilting the court is that they will come down with hundreds of other decisions that will advance this country on the road to serfdom and destruction in general. Every decision will be pro-corporate against people. Pro- rich against working class, pro- outsourcing against American worker. Every decision a republican leaning court does is bad for America, and only helps the big corporations or the rich.

If you are strictly a one issue voter with a very limited interest on what goes on in our country, you are ok. But if you care about the economy and citizens rights, and peoples health, and If you are not familiar with how the republican majority courts have consistently ruled against humans in favor of big corporations, please take a minute get up to speed on the issue by viewing this clip of Gorsich' hearings this week. See the problems with a 5-4 republican split court. It descimates the little guy and props up multinational corporations.




After viewing the clip, please tell me how the court will help the working man, besides the obvious 2A issue. How will the court help Americans to improve our standard of living and raise wages. How will they rule against corporations and in favor of workers?

#43 wyominglawyer

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Posted March 26 2017 - 01:44 PM

This is basically fake news. It is a "proposed executive order" only in the sense that a random attorney in in Virginia wrote it up, emailed it to some gun websites, and "proposed" that Trump sign it. It was not written or even requested by White House counsel or any counsel associated with the president. Sorry, this is just wishful thinking.


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#44 mason852

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Posted March 26 2017 - 02:38 PM

Well I wonder what Hillarys "militia rifle" list woulda! looked like ??

#45 Steyr AUG man

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Posted March 26 2017 - 02:39 PM

This is basically fake news. It is a "proposed executive order" only in the sense that a random attorney in in Virginia wrote it up, emailed it to some gun websites, and "proposed" that Trump sign it. It was not written or even requested by White House counsel or any counsel associated with the president. Sorry, this is just wishful thinking.


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Very good. This is, indeed, an example of fake news. Somebody should send that story to this president so he can differentiate between actual "fake news" and news that he doesn't like, or that he disagrees with.

This way he doesn't look like such an ignorant boob, always running around calling every story he doesn't like "fake news". Here is an actual example of fake news. Somebody should pull his coat so he stops sounding so foolish. Unfortunately, this is the weakest, most timid Whitehouse staff in history. They are so afraid to speak up to prevent their fearless leader from shooting himself in the foot.

#46 slowryder

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Posted Yesterday, 06:48 AM

Here is an actually executive order on the militia, if you want to research any executive order you can go to the National Archives and search.

https://www.archives...rder/11485.html

Executive Orders

Executive Order 11485--Supervision and control of the National Guard of the District of Columbia

Source: The provisions of Executive Order 11485 of Oct. 1, 1969, appear at 34 FR 15411, 15443, 3 CFR, 1966-1970 Comp., p. 813, unless otherwise noted.

By virtue of the authority vested in me as President of the United States and Commander-in-Chief of the Armed Forces of the United States and the National Guard of the District of Columbia under the Constitution and laws of the United States, including section 6 of the Act of March 1, 1889, 25 Stat. 773 (District of Columbia Code, sec. 39-112), and section 110 of title 32 and section 301 of title 3 of the United States Code, it is hereby ordered as follows:

Section 1. The Secretary of Defense, except as provided in section 3, is authorized and directed to supervise, administer and control the Army National Guard and the Air National Guard of the District of Columbia (hereinafter "National Guard") while in militia status. The Commanding General of the National Guard shall report to the Secretary of Defense or to an official of the Department of Defense designated by the Secretary on all matters pertaining to the National Guard. Through the Commanding General, the Secretary of Defense shall command the military operations, including training, parades and other duty, of the National Guard while in militia status. Subject to the direction of the President as Commander-in-Chief, the Secretary may order out the National Guard under title 39 of the District of Columbia Code to aid the civil authorities of the District of Columbia.

Sec. 2. The Attorney General is responsible for: (1) advising the President with respect to the alternatives available pursuant to law for the use of the National Guard to aid the civil authorities of the District of Columbia; and (2) for establishing after consultation with the Secretary of Defense law enforcement policies to be observed by the military forces in the event the National Guard is used in its militia status to aid civil authorities of the District of Columbia.

Sec. 3. The Commanding General and the Adjutant General of the National Guard will be appointed by the President. The Secretary of Defense, after consultation with the Attorney General, shall at such times as may be appropriate submit to the President recommendations with respect to such appointments.

Sec. 4. The Secretary of Defense and the Attorney General are authorized to delegate to subordinate officials of their respective Departments any of the authority conferred upon them by this order.

Sec. 5. Executive Order No. 10030 of January 26, 1949, is hereby superseded.

Edited by slowryder, Yesterday, 06:49 AM.


#47 set2374

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Posted Yesterday, 11:13 AM

This type of executive order could be interesting, because it seems to be a modern take on the Militia Act of 1792, which required that all citizens between the ages of 18 and 45 be conscripted into the milita and trained in the art of war ("a well regulated militia").   Members of the militia were required to own and provide their own good quality flint lock musket, 2 pounds load, a bag for balls and a full powder horn.   The weapons and equipment were to be presented to the sergeant of arms (designated by the state) for inspection.  The states had the authority to establish specifications and regulations of the quality of the equipment.   At that point in time, guns were all hand made so I am not aware of set caliber requirements (which was less of an issue with black powder muskets anyway).  

 

In any case, the idea behind having a "well regulated civilian militia" was to avoid the need to have a standing army that could be used by a tyrannical central government to subjugate the people.   This was accepted by both federalists and anti-federalists and a fundamental idea.   The sides split though on how the militia could be used.   The anti-federalists worried that central government could call out the militia without state and use the militia to subjugate the people.   The federalist said this needn't be a concern, because the citizen militia would have the sense and ability to oppose a order from the central government that would undermine our democratic values.  Nevertheless, the key takeaway from this early debate is that the individual's right to bare arms and duty to be ready on a moments notice to defend his community, state and country is a fundamental part of being a U.S. citizen.  

 

So, I see this type of Executive order as getting back to the core of what the 2A is all about.  Such an Order would never be intended to limit the type of weapons and calibers  you can or should own.  Instead, it simply attempts to standardize a designated group or weapons for use in a local milita.   The AR-15 in 5.56 caliber makes the most sense for a standard milita weapon, since the national guard and all armed forces are equipped with variations of the M4 and, and M16 combat rifle chambered in 5.56.   If we were ever invaded by say... china.... the military has billions (with a "b") of rounds of 5.56 and millions of USGI mags and spare parts that would be compatible with any mil-spec AR-15 that is commercially available on the civilian market.   That doesn't mean you cannot or should not have a 458 SOCOM, 7.62x39 or 6.5 grendel as you're personal go-to-war rifle, but you aren't going to be able to dip into the stockpile of ammo and parts with those weapons (great as they may be).   So, if the President were to enter an Order providing for a standardized militia weapon, that would make lots of sense.   This would also mean that states would not be able to prevent citizens from arming themselves with a designated militia weapon which would comply with federal law since the Militia Act is still on the books and has never been appealed (it was amended in 1862 to include all people regardless of race, since the original militia act was limited to white male citizens).   







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