Second Amendment Proposed Executive Order Designating Certain Rifles for ‘Militia Purposes’

Discussion in 'Bill of Rights' started by BTPost, Feb 24, 2017.


  1. BTPost

    BTPost Stumpy Old Fart Snow Monkey Moderator

    Proposed Executive Order Designating Certain Rifles for ‘Militia Purposes’
    • February 24, 2017
    The faulty Fourth District decision issued last week upholding Maryland’s Scary Gun Ban runs afoul of good jurisprudence. The ruling found that Second Amendment protections don’t extend to individuals who wish to own certain semi-automatic rifles like the AR-15, calling them, “weapons that are most useful in military service.” However, a document sent to me yesterday offers hope of correcting that in the form of a proposed executive order to be issued by President Trump.

    Virginia attorney Lenden Eakin sent me the text of the proposed order and gave permission to share it. I’d like run it past the Armed Intelligentsia here at TTAG to get your take.

    The simple mechanism of attorney Eakin’s proposal: by defining certain categories of rifles for militia use, the President could strike state and local bans on many of the most popular “assault rifles” and their magazines.

    Mr. Eakin also notes: “An Executive Order like this could have a significant impact on the litigation to challenge Assault Weapons Bans currently making its way through the Courts. It would help the challengers.”

    UPDATE: I neglected to note in the original story how this is meant to serve as a stop-gap measure. Ideally, only until a more permanent remedy could be achieved. Or alternatively, until the Supreme Court, with one or more President Trump appointees, could reverse that Fourth Circuit ruling and strike scary gun bans on the whole.


    EXECUTIVE ORDER

    – – – – – – –

    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 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

    We need to call the WhiteHouse, and support this EO, and make SURE it gets signed and issued.....
     
  2. DKR

    DKR Raconteur of the first stripe

    [​IMG]
     
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  3. 3M-TA3

    3M-TA3 Cold Wet Monkey Site Supporter++

    AK, FN/FAL, SKS, HK rollerblocks like the G3 not covered...
    PTR and certain DS Arms would be OK...

    WOnder what constitutes "American made"? Serialized part or assembly of parts regardless of origin?
     
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  4. tacmotusn

    tacmotusn Mosquito Sailor Site Supporter+

    Seems like a step in the right direction to Constitutional Carry for all Citizens, and I for one see no valid reason for non citizens to be granted rights specifically covered under the Constitution for resident aliens, illegal aliens, and non-assimilated non-citizens
     
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  5. 3M-TA3

    3M-TA3 Cold Wet Monkey Site Supporter++

    Mags limited to 30 rounds...

    A lot of REALLY great sniper style rifles and cartridges not included starting with 300 RM. Also kills the big Barrets. Also a lot of REALLY great sniper rifles are manufactured outside the US.
     
  6. tacmotusn

    tacmotusn Mosquito Sailor Site Supporter+

    Good catch. Militia rifles defination too restrictive should allow ANY long arm ANY caliber manufactured ANYWHERE but recommend calibers be those currently in use in Nato countries, but not mandatory.
     
  7. 3M-TA3

    3M-TA3 Cold Wet Monkey Site Supporter++

    I'd like to see civics properly taught in schools so our citizens understand just what they are protecting as well as the role of the citizen as the militia. I'd also like to see education provided to citizens regarding the type of weapons suitable for militia style defense, but then let them choose the specific weapons to suit their needs.
     
  8. ghrit

    ghrit Bad company Administrator Founding Member

    So would I like to see the edumacation be provided. But for the sake of 2A, I like that proposed EO in the short haul. We might do well to get that pushed thru, then deal with teaching the sheep, citizen and green card holders (the others, legal or not, can cringe, man the chow lines, and carry ammo to the legit shooters) the meaning of what they are going to be doing.

    Gotta say that it is not clear to me how it will override a state's right. Might be fine, but it WILL be challenged by the snowflakes.

    I ain't too sure that the list of acceptable guns should be limited to US made, but I can see the political advantages in the limitation. I'd sure like watching the sheep choke on a US built AK47, of which there are some.

    Off to do some fact checking. This should be smeared ALL over the media.
     
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  9. Brokor

    Brokor Live Free or Cry Moderator Site Supporter+++ Founding Member

    Or redacted. Or altered.

    When we allow "government" to define what is legal, it won't be long until it's illegal. Don't give the bastards an inch. They also have it all wrong --our RIGHT to bear arms isn't to "protect" ourselves from terrorists, it's to defend ourselves FROM GOVERNMENT. They need to get it right for once.
     
  10. Ura-Ki

    Ura-Ki Grudge Monkey

    Using the most common Long arms as a "Bench Mark" is ok in defining said rights and equipment, HOWEVER, you get hambstrung when you state these, as the left will say those are then the "ONLY" long arms you can own for defense. I would change that language to use these Rifles as merely examples of historic arms issued in the past and available to the public. I would add in that there should be no restrictions of any type of small arms made available to citizens who choose to use arms made over seas, and that those arms should not have to be made "Compliant" with U.S. made parts.
    This language all ready exists in most STATE constitutions and in fact is even more specific in language covering citizens rights, The state of Oregon is a great example, as is Washington, which is where I thing the author found much of this. I would also add in subsections to cover hand guns, knives, cross bow's and other "traditional arms" having been used in the past, adn I would also add language removing restrictions of accessories for all weapons. I would strike down all NFA restrictions and taxes, I would strike down the BATFE, and I would remove most of the Law enforcement powers of DHS in regards to this, and in fact I would place the U.S. ARMY in charge of the Militia training and certification and distribution of long arms specifically for Militia service.
     
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  11. BTPost

    BTPost Stumpy Old Fart Snow Monkey Moderator

    Hey, Look Folks, This is a PROPOSED EO only, and designed to undo TEMPOARILY, the results of the 4th Circuit Courts decision on the Maryland State Staute that Bans AR15 Rifles... as well as some other decisions lik e one from the 9th Circuit Court of Appeals....
     
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  12. azrancher

    azrancher Monkey +++

    Paragraph "f" is limiting, and should say something to the effect that all citizens are members of the militia, and may possess any weapon that the Government is capability of possessing.

    Reason: When rail guns, and phasars are common place, I don't want to be limited to:
    1. A semi automatic weapon.
    2. A current American Built rifle.

    Make sense? Shall not be abridged. abridged=limited

    Rancher
     
    Ura-Ki likes this.
  13. Dunerunner

    Dunerunner Brewery Monkey Moderator

    and the Income Tax was intended to be temporary, also. My trust factor runs really thin when government talks temporary...
     
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  14. techsar

    techsar Monkey+++

    I agree. But I don't agree that an EO (which really only pertains to members of the Executive Branch) is the best way to address the situation. JMHO :)
     
  15. ghrit

    ghrit Bad company Administrator Founding Member

    It's a foot in the door so to say, plus all those alphabet agencies take their direction from the E branch as long as there is no conflict with law. Therein lays the rub ---. Someone has to propose to congress any changes in the law. It isn't clear (to me at least) that he can override state laws. This ain't over by a long shot.
     
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  16. Dunerunner

    Dunerunner Brewery Monkey Moderator

    The key to taking a step in the right direction is to make it permanent. A temporary step can be easily reversed. We as a nation didn't get this far away from what the Founders envisioned by temporary measures. The Congress passed legislation making the changes part of a complete goal. One that was thought out and implemented. This EO on the 2A needs to be thought out completely and implemented in a definitive manner in order to put the 2A back where it belongs.

    I look at this proposed EO as a conversation, much like The Federalist Papers was a conversation to start getting the folks to think about their freedoms and from where they are derived. Freedom is not derivative of government, it is God given. The right to self defense is also a basic human right and it is the defender of freedom.
     
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  17. Brokor

    Brokor Live Free or Cry Moderator Site Supporter+++ Founding Member

    That nation doesn't exist. But, as long as there are still people who believe that it does, the fight will continue.
     
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  18. Thunder5Ranch

    Thunder5Ranch Monkey+++

    Not much to say on the EO :) but I have know John for around 40 years, he was the only one in high school in our class to score higher than me on the ACT and SAT and equal on the ASVAB. The guy could do trig and calculus like it was childs play and at the same time a all around likable and humble guy. LOL the next class reunion I will have to tell him that he made the Survival Monkey :) 528795_453618234705609_72415207_n.
     
  19. marlas1too

    marlas1too Monkey+++

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  20. techsar

    techsar Monkey+++

    LOL...someone needs to clean up that disjointed diatribe...linking Woodrow Wilson with the war with England (which one?) and the planned invasion of Canada...
     
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