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:

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:

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.

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  1. The 2nd Amendment also played an important role in the racist times of the 1960′s civil rights movement. Charles Hicks will be honoring the 2nd Amendment along with a MLK Walk this Saturday.

    “The bottom line: Freedom knows no racial bounds. The right to keep and bear arms has been integral to the freedom of all Americans, and it remains so even now.”