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British by birth,
American by Choice
Picture of Longbow_06
posted
NEWS |

Trump Executive Order May Strike Down Maryland’s Ruling to Ban Semiautomatic Rifles

OutdoorHub Reporters
1 day ago
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* We reached out to the White House for a comment on the EO, but we have not heard a response

We can’t confirm this for sure, but the ruling we covered recently about Maryland’s ban on semiautomatic rifles might be in flux again. Base on what we’ve heard, an executive order may strike down any aforementioned ban.

Here is the executive order reportedly issued by the Trump administration:

DESIGNATION OF MILITIA RIFLES

By the authority vested in me as President and Commander in Chief of the Militia by the Constitution and the laws of the United States of America, and in order to ensure the ability of citizens of the United States to defend themselves, their communities and their States, as well as to ensure the safety and security of our Nation, I hereby order as follows:

Section 1. Purpose. Both individual and community safety are critically important to the national security of the United States. Terrorism, transnational criminal activity and potential acts of war by foreign nations present a significant threat to national security and our citizens, who have the right and the duty to defend themselves, their communities, their States and the Nation.

Section 2. Policy. It is the policy of the executive branch to:

(a) Support and defend the Constitution, including the Second Amendment right of citizens to keep and bear arms for Militia purposes,as well asself-defense.

(b) Encourage citizens to be prepared to act as members of the Militia to defend communities, States and the Nation, as part of the common defense contemplated by the Constitution of the United States.

(c) Discourage restrictions by States and political subdivisionson individual possession of firearms suitable for Militia purposes by citizens of the United States.

Section 3. Definitions.

(a) “Militia” has the meaning given the term in Title 10, Section 311 of the United States Code to include the Unorganized Militia, as well as the meaning given to the term “Militia” under equivalent State statutes.

(b) “Self-Defense” shall mean the actions of citizens to defend themselves and their families from physical attack.

(c) “Communities” shall mean neighborhoods, towns, cities, counties and other political subdivisions of citizens who live in distinct geographic areas within a State.

(d) “State” shall mean one of the fifty States of the United States.

(e) “Militia Purposes” shall mean training, practice and preparedness which could improve the ability of a citizen to act,and to be armed in case of a need to act, as a current or future member of a local, State or National organization commanded by government officials and responsive to a physical threat. Appropriate organizations include those commanded by an elected county or city Sheriff; those commanded by the Governor of a State through officers of that State’s Defense Force as authorized by Title 30, Section 109 of the United States Code, or through officers of that State’s National Guard;and organizations commanded by the President through officers of the Active or Reserve components of U.S. Armed Forces.

(f) “Militia Rifles” shall mean the firearms designated in Section 4 that are made in America and suitable for use in self-defense, community defense, defense of States and defense of the Nation.

Section 4. Designation of Militia Rifles. That the following firearms and accessories are authorized and appropriate for individual citizens to keep and bear for Militia purposes under the Constitution and the laws of the United States:

(a) The AR-15 and similar semi-automatic rifles, to include flash suppressors and bayonet lugs, magazines of up to thirty round capacities, M-7 bayonets, and ammunition in 5.56 NATO or .223 Remington, in all quantities.

(b) The M1A and similar semi-automatic rifles, to include flash suppressors and bayonet lugs,magazines of up to twenty round capacities, M-6 bayonets, and ammunition in 7.62 NATO or .308 Winchester, in all quantities.

(c) The M1 Garand and similar semi-automatic rifles, to include flash suppressors and bayonet lugs, M-5 bayonets, and ammunition in.30-’06 Springfield, in all quantities.

(d) Bolt action rifles in the calibers of .30-’06 Springfield; 7.62 NATO or .308 Winchester; 5.56 NATO or .223 Remington; or any substantially equivalent caliber, and ammunition appropriate for the rifles, in any quantity.

(This list could easily be expanded.)

Section 5. Pre-emption. This Executive Order is intended to pre-empt the laws of States or political subdivisions that infringe upon the rights of citizens to keep and bear the arms designated in Section 4.

Section 6. Judicial Notice. That the judges of all State and Federal Courts are hereby given notice that possession of the designated Militia Rifles and accessories by citizens should not be restricted or infringed upon by State laws or the laws of a political subdivision of a State and any such law should be reviewed under the strict scrutiny standard to determine whether it is a violation of the Constitution of the United States after judicial consideration of this Order and the fact that it was issued by the Commander in Chief of the Militia.

Donald J. Trump

THE WHITE HOUSE

March __, 2017



PROPOSED EXECUTIVE ORDER DESIGNATES MILITIA RIFLES FOR CITIZEN OWNERSHIP


______________

I will NOT Sit Down !

"There are many who vehemently argue something CAN'T be done.
They should stay out of the way of folks who are doing it."

 
Posts: 2919 | Location: Georgia... 45 Minutes from everywhere....... | Registered: July 05, 2005Report This Post
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"OutdoorHub Reporters"

No WH comment.


Please provide hard factual backing for this, or stop blasting it all over the forum. Otherwise it's not much more than what shows up on the satire sites.


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Posts: 9933 | Location: RI | Registered: October 08, 2012Report This Post
British by birth,
American by Choice
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I wouldn't call posting it in two separate threads as "blasting it all over the site".
If it is a real development, I feel it warrants inclusion in both this subforum, and the trump thread.


______________

I will NOT Sit Down !

"There are many who vehemently argue something CAN'T be done.
They should stay out of the way of folks who are doing it."

 
Posts: 2919 | Location: Georgia... 45 Minutes from everywhere....... | Registered: July 05, 2005Report This Post
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If it's factual, it has flaws.
The first being, in my opinion, the U.S. Code section sited, defines Militia as any able-bodied male 17-45 years old. So, this proposed EO excludes anyone over the age of 45 and women?

I get that the purpose is to expand preparedness in case of the need for the Unorganized Militia, and that is why the specific weapons mentioned are chosen, but doesn't it seem that it excludes AR-10s or Mini-14s? He could have lumped the ammunition together in a whole separate clause, but it is coupled with the weapons platforms, as though the intent is to specify AR-15s or similar semiautomatic rifles in 5.56/.223; or M1A or similar semiautomatic rifles in 7.62/.308. I know a bunch of us reading it for ourselves, are going to use common sense and consider AR-10s and Mini-14s as exempt from state prohibitions, but the people who will be deciding other people's freedom, will go letter by letter, and if your weapon doesn't fit into this to the "T", they'll prosecute.
 
Posts: 20 | Registered: March 08, 2016Report This Post
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Another issue I have, and I know this is supposed to be just a "stop gap" measure, is that Second Amendment protection isn't about the Militia. Like I said, U.S. Code defines Militia as able-bodied males 17-45. Does anyone, anywhere believe only that portion of the people have protection under the Second Amendment?
Reading Federalist Papers #29 it is apparent, the reality of the time, was that citizenry would not abide the time required to effectively train a "well regulated Militia". There were also concerns of when and if the Militia was called forth, say, in another State or region, how to afford for the security of a State while the Militia was away. Then, there was concerned, for the Militia of other States being called forth to oppress the people of another State. The only way for the people to be secure, was for the people to be adequately armed.
This is why the Second Amendment starts out with mentioning that a well regulated Militia is necessary for the security of a free State. Article 1 Section 8 gives Congress the power to call forth the Militia to execute the laws of the Union, suppress insurrection, and repel invasion. National defense came last in that. That's why the 2A doesn't say defense, but security. With Congress only allowed to fund an army for two years at a time, the Militia was supposed to be the go to force to carry out the laws of Congress and provide for defense against invaders.
Furthermore, the 2A is not about arming the Militia, because Article 1 Section 8 also gives Congress the responsibility of arming the Militia. Why would there need to be an Amendment to provide for a portion of the people to be armed, for the Militia or Militia purposes, if the Militia is to be armed, per the Constitution, by Congress? Was there some kind of fear, that Congress would regulate itself, into not being able to arm the Militia? No! That's preposterous!
The Second Amendment is about acknowledging the necessity of a tool of Congress to execute the laws of the Union, suppress insurrection, and repel invasion (a well regulated Militia) while recognizing the possibility, however minute it may ever be, that, that tool may some day be used to oppress the people, so the right of the people to keep and bear Arms shall not be infringed. The 2A is clearly a check, for the people to have, on Congress's power to call forth the Militia; and to provide for their own security should the local Militia be called away to another State or region.
By tying ownership of certain types of weapons to "militia purposes" I think the supposed, proposed EO erroneously gives credence to the notion that the Second Amendment exists to afford for the arming of the Militia. If you are a woman, or over 45 it doesn't apply to you. Then, you still have those who will argue a "well regulated" militia, means strictly governed, and that government, be it Federal or State has the authority to regulate what arms, when, and where, you may have them.
 
Posts: 20 | Registered: March 08, 2016Report This Post
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Hope it isn't "fake news" but there will be protests in the streets anyway...


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I am neither here nor there.


 
Posts: 7741 | Location: Somewhere north of a hot humid hell in the summer. | Registered: January 09, 2009Report This Post
fugitive from reality
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It's a pipe dream. Presidential EO's can't make law, they can only clarify federal law where the constitution gives the executive branch the authority to act unilaterally.


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Posts: 5329 | Location: Newyorkistan | Registered: March 28, 2007Report This Post
Fighting the good fight
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Doesn't pass the sniff test.
 
Posts: 19019 | Location: Northwest Arkansas | Registered: January 06, 2008Report This Post
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quote:
Originally posted by RogueJSK:
Doesn't pass the sniff test.


Yep, 99 percent of "NEWS" on gun control, assault weapons, blah, blah, blah is fake news. Most of it, like the article in this thread, is nothing but Facebook bait and click type stuff.


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www.opspectraining.com

"Make it a shooting, and not a gunfight" LSP552 02/19/2011



 
Posts: 30581 | Location: Logical | Registered: September 12, 2004Report This Post
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There's a jerk in Phoenix that writes "fake news" for social media. He doesn't see the harm in it. He justifies it by saying it's just satire. One of his fake stories was recently quoted by Trump's son during the election.

Dumb ass with nothing else to do but spread false information. Goes to show people will believe anything they read.


**************************************
I am neither here nor there.


 
Posts: 7741 | Location: Somewhere north of a hot humid hell in the summer. | Registered: January 09, 2009Report This Post
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quote:
Originally posted by az4783054:
Goes to show people will believe anything they read.


Ain't that the truth, man.


_______________________________________________________________________
www.opspectraining.com

"Make it a shooting, and not a gunfight" LSP552 02/19/2011



 
Posts: 30581 | Location: Logical | Registered: September 12, 2004Report This Post
...and now here's Al
with the Weather.
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My 6.5 creedmore is worthless as a militia rifle.


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But then of course I might be a 13 year old girl who reads alot of gun magazines, so feel free to disregard anything I post.
 
Posts: 8918 | Location: Lake Stevens, WA | Registered: March 20, 2005Report This Post
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