Flanking Gun Control & States’ Rights

Many "Guns Across America" rallies are gearing up for Saturday at Noon to bring light to the massive gun control push by Democrats & the Obama Administration. While the large support of 2nd Amendment will be felt then, a "soft" confiscation of guns is possibly being ensued as H.R. 226 waits for review by the House Committee on Ways & Means. H.R. 226, "Support Assault Firearms Elimination and Reduction for our Streets Act," would be, in essence, a taxpayer funded bribery relinquish the 2nd Amendment by providing a $2,000 tax credit for those who turn in their guns to the government. This bill is the creation of Democratic CT.-Rep. Rosa DeLauro. From H.R. 226:

"In the case of an individual who surrenders a specified assault weapon to the United States or a State or local government (or political subdivision thereof) as part of a Federal, State, or local public safety program to reduce the number of privately owned weapons, on the election of the taxpayer there shall be allowed as a credit against the tax imposed by this chapter an amount equal to $2,000."

The firearms specifically targeted in H.R. 226 are:

IN GENERAL- The term ‘specified assault weapon’ means any of the following:CommentsClose CommentsPermalink

‘(A) The following rifles or copies or duplicates thereof:CommentsClose CommentsPermalink

‘(i) AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, Misr, NHM 90, NHM 91, SA 85, SA 93, VEPR,CommentsClose CommentsPermalink

‘(ii) AR-10,CommentsClose CommentsPermalink

‘(iii) AR-15, Bushmaster XM15, Armalite M15, or Olympic Arms PCR,CommentsClose CommentsPermalink

‘(iv) AR70,CommentsClose CommentsPermalink

‘(v) Calico Liberty,CommentsClose CommentsPermalink

‘(vi) Dragunov SVD Sniper Rifle or Dragunov SVU,CommentsClose CommentsPermalink

‘(vii) Fabrique National FN/FAL, FN/LAR, or FNC,CommentsClose CommentsPermalink

‘(viii) Hi-Point Carbine,CommentsClose CommentsPermalink

‘(ix) HK-91, HK-93, HK-94, or HK-PSG-1,CommentsClose CommentsPermalink

‘(x) Kel-Tec Sub Rifle,CommentsClose CommentsPermalink

‘(xi) M1 Carbine,CommentsClose CommentsPermalink

‘(xii) Saiga,CommentsClose CommentsPermalink

‘(xiii) SAR-8, SAR-4800,CommentsClose CommentsPermalink

‘(xiv) SKS with detachable magazine,CommentsClose CommentsPermalink

‘(xv) SLG 95,CommentsClose CommentsPermalink

‘(xvi) SLR 95 or 96,CommentsClose CommentsPermalink

‘(xvii) Steyr AUG,CommentsClose CommentsPermalink

‘(xviii) Sturm, Ruger Mini-14,CommentsClose CommentsPermalink

‘(xix) Tavor,CommentsClose CommentsPermalink

‘(xx) Thompson 1927, Thompson M1, or Thompson 1927 Commando, orCommentsClose CommentsPermalink

‘(xxi) Uzi, Galil and Uzi Sporter, Galil Sporter, or Galil Sniper Rifle (Galatz).CommentsClose CommentsPermalink

‘(B) The following pistols or copies or duplicates thereof:CommentsClose CommentsPermalink

‘(i) Calico M-110,CommentsClose CommentsPermalink

‘(ii) MAC-10, MAC-11, or MPA3,CommentsClose CommentsPermalink

‘(iii) Olympic Arms OA,CommentsClose CommentsPermalink

‘(iv) TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10, orCommentsClose CommentsPermalink

‘(v) Uzi.CommentsClose CommentsPermalink

‘(C) The following shotguns or copies or duplicates thereof:CommentsClose CommentsPermalink

‘(i) Armscor 30 BG,CommentsClose CommentsPermalink

‘(ii) SPAS 12 or LAW 12,CommentsClose CommentsPermalink

‘(iii) Striker 12, orCommentsClose CommentsPermalink

‘(iv) Streetsweeper.CommentsClose CommentsPermalink

‘(D) A semiautomatic rifle that has an ability to accept a detachable magazine, and that has–CommentsClose CommentsPermalink

‘(i) a folding or telescoping stock,CommentsClose CommentsPermalink

‘(ii) a threaded barrel,CommentsClose CommentsPermalink

‘(iii) a pistol grip,CommentsClose CommentsPermalink

‘(iv) a forward grip, orCommentsClose CommentsPermalink

‘(v) a barrel shroud.CommentsClose CommentsPermalink

‘(E)(i) Except as provided in clause (ii), a semiautomatic rifle that has a fixed magazine with the capacity to accept more than 10 rounds.CommentsClose CommentsPermalink

‘(ii) Clause (i) shall not apply to an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.CommentsClose CommentsPermalink

‘(F) A semiautomatic pistol that has the ability to accept a detachable magazine, and has–CommentsClose CommentsPermalink

‘(i) a second pistol grip,CommentsClose CommentsPermalink

‘(ii) a threaded barrel,CommentsClose CommentsPermalink

‘(iii) a barrel shroud, orCommentsClose CommentsPermalink

‘(iv) the capacity to accept a detachable magazine at a location outside of the pistol grip.CommentsClose CommentsPermalink

‘(G) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.CommentsClose CommentsPermalink

‘(H) A semiautomatic shotgun that has–CommentsClose CommentsPermalink

‘(i) a folding or telescoping stock,CommentsClose CommentsPermalink

‘(ii) a pistol grip,CommentsClose CommentsPermalink

‘(iii) the ability to accept a detachable magazine, orCommentsClose CommentsPermalink

‘(iv) a fixed magazine capacity of more than 5 rounds.CommentsClose CommentsPermalink

‘(I) A shotgun with a revolving cylinder.CommentsClose CommentsPermalink

‘(J) A frame or receiver that is identical to, or based substantially on the frame or receiver of, a firearm described in any of subparagraphs (A) through (I) or (L).CommentsClose CommentsPermalink

‘(K) A conversion kit.CommentsClose CommentsPermalink

‘(L) A semiautomatic rifle or shotgun originally designed for military or law enforcement use, or a firearm based on the design of such a firearm, that is not particularly suitable for sporting purposes, as determined by the Attorney General. In making the determination, there shall be a rebuttable presumption that a firearm procured for use by the United States military or any Federal law enforcement agency is not particularly suitable for sporting purposes, and a firearm shall not be determined to be particularly suitable for sporting purposes solely because the firearm is suitable for use in a sporting event.

Though this bill has little chance of passing in the Republican-controlled House, how long until a bill like this surfaces in the Democratically-controlled Senate remains to be seen. Also, with a President that never lets the power of Executive Orders go to waste, or a crisis, could we see this kind of a grab surface again? Most likely. As many are taking a firm stand FOR the 2nd Amendment, the emotional reflex window of the Left to push through this kind of legislation is closing. In an attempt to stop further legislation like this from rising again, after the next unfortunate event, 9 states (so far) are pushing for the " 2nd Amendment Preservation Act." It is a state-level bill with the mission of preserving the 2nd Amendment. From the 10th Amendment Center:

"The 2nd Amendment Preservation Act is a state-level bill that renders all federal gun laws, regulations, rules, acts, orders, etc – null and void within the borders of the state. The Firearms Freedom Act declares that any firearms made and retained in-state are beyond the authority of Congress under its constitutional power to regulate commerce among the states. The FFA is primarily a Tenth Amendment challenge to the powers of Congress under the commerce clause, with firearms as the object."

Some, like Glen Beck, argue that the recent 23 Executive Orders instead lay the ground work for further infringement of rights or laws down the road, one of which being surcumvented is HIPPA. However, New York Magazine pointed out on Jan. 16th that "President Obama Didn’t Sign Any Executive Orders Today." They support this claim by stating that the President intiniated "23 executive actions," not Executive Orders. So what is the difference? The "executive actions" are like orders but in name only. The 1999 Congressional Research Service report is quoted as stating:

"Another executive tool which has raised many questions is the presidential memoranda. Although they possess a different title than executive orders, it appears as though these instruments are very much alike. Both are undefined, written instruments by which the president directs, and governs actions by, Government officials and agencies. They differ in that executive orders must be published in the Federal Register whereas presidential memoranda are similarly published only if the President determines that they have a "general applicability and legal effect." …. In at least one instance, a federal district court seemed to use the two terms interchangeably."

That last part of the quote about the ‘presidential memoranda’ only being published IF the president deems it applicaple is the part that gave me pause. President Obama has been one of the most opaque presidents in American history, and his track record only supports the concern many have of his lack of transperency. Either because of giving fuel to the "impeachment" arguement, or by playing the "overton window" card to prepare for the next shooting in which his administration can pounce, Mr. Obama only signed 3 of the 23 presidential memorandas:

• direct federal law enforcement to trace all guns taken in federal custody in the course of a criminal investigation
• direct the Department of Justice to ensure that all applicable information from federal agencies is made available for background checks
• direct the Department of Health to “conduct or sponsor research into the causes of gun violence and the ways to prevent it.”

As was his tactic in passing Obamacare, rather than openly pushing the toxic bills himself, instead he relies on others like the Nancy Pelosi’s of Congress to do the heavy lifting for the dismantling of our Constitutional Rights. Plausible Deniability, especially for the low-info voters.

Those 9 states (so far) have the right idea in that the way to defend against government overreaching is to strengthen the 10th Amendment’s right to state sovereignty. This, along with the visual strength of numbers, is what will remind members of Congress who they truly work for. Mr. Obama may not have to worry about another election, but his progressives in Congress sure do.