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Thread: Executive Action on Gun Control

  1. #1
    Senior Member (too much time on their hands) Chicken Dinner's Avatar
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    Executive Action on Gun Control

    I guess the POTUS is speaking now. I'm not watching and will wait to read about it, but I've been reading up on what he's said he's going to do and just don't get it. Maybe I'm confusing Federal law with Virginia law, but I'm just not sure what "internet" sales will now be subject to background checks that weren't already. I've always understood that interstate transfers already had to have an FFL (who at least in VA) is going to run a background check. Also, an intrastate internet sale would as well if done via a dealer. Are they going to say that every internet sale is a defacto "dealer" now? That'd be interesting to see in practice.
    "When the going gets weird, the weird turn pro." Raoul Duke

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    pUMpHEAD SYSOp Thumper's Avatar
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    It's on in the other room, but I'm in my office with the door closed, so I haven't heard a word of it. Like you, I'll probably wait to read the details so I have time to read, re-read if necessary and ponder. I guess I simply have no comment ... YET.
    "Travel is fatal to prejudice, bigotry and narrow-mindedness" - Mark Twain

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    Administrator BarryBobPosthole's Avatar
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    There doesn't seem to be much to it. Beefing up the background check process it sounds like. As usual these days, there's not much detail.

    As long as it is adding enforcement to existing laws, I got no issues with it. More laws don't do shit.

    BKb

  4. #4
    pUMpHEAD SYSOp Thumper's Avatar
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    Quote Originally Posted by BarryBobPosthole View Post
    There doesn't seem to be much to it. Beefing up the background check process it sounds like. As usual these days, there's not much detail.

    As long as it is adding enforcement to existing laws, I got no issues with it. More laws don't do shit.

    BKb
    100% in agreement here.
    "Travel is fatal to prejudice, bigotry and narrow-mindedness" - Mark Twain

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    Senior Member (too much time on their hands) airbud7's Avatar
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    I think he also wants to close the gun show loophole...not sure though?

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    Senior Member (too much time on their hands) Chicken Dinner's Avatar
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    Can't argue with that either Posthole. If they want to throw more resources at enforcing existing law and expand reporting of mental illness, etc. No issue with me. I'm just not clear if they're trying to argue that listing one gun you no longer have a need for in the Penny Trader or on a local FB site makes you a dealer. I'd probably have an issue with that. Or what about somebody who takes ill, goes on disability and decides to liquidate most of their fairly substantial collection to make ends meet. Are they a dealer? Does going on a hunting site and offering guns up to folks you've "known" for years make you a dealer? I'll be real curious on those details.
    "When the going gets weird, the weird turn pro." Raoul Duke

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    Administrator BarryBobPosthole's Avatar
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    That's the part thats missing right now.

    BKB

  8. #8
    Senior Member (too much time on their hands) airbud7's Avatar
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    Quote Originally Posted by Chicken Dinner View Post
    Does going on a hunting site and offering guns up to folks you've "known" for years make you a dealer? I'll be real curious on those details.
    This^...also...rifle vs pistol?

  9. #9
    pUMpHEAD SYSOp Thumper's Avatar
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    Quote Originally Posted by Chicken Dinner View Post
    Can't argue with that either Posthole. If they want to throw more resources at enforcing existing law and expand reporting of mental illness, etc. No issue with me. I'm just not clear if they're trying to argue that listing one gun you no longer have a need for in the Penny Trader or on a local FB site makes you a dealer. I'd probably have an issue with that. Or what about somebody who takes ill, goes on disability and decides to liquidate most of their fairly substantial collection to make ends meet. Are they a dealer? Does going on a hunting site and offering guns up to folks you've "known" for years make you a dealer? I'll be real curious on those details.
    Ha! I just hope they don't try to make it retroactive!
    "Travel is fatal to prejudice, bigotry and narrow-mindedness" - Mark Twain

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    Senior Member (too much time on their hands) DeputyDog's Avatar
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    Does anyone know when "executive action" actually started, and who decided it could be done? I know a lot of presidents have used it and this is not intended to be a discussion on the current POTUS' use of it compared to previous Office holders use of it.

    I am just wondering to what extent it can be used before it becomes someone deliberately violating the Constitution and basically becoming a monarch. Could someone take it to the extent that they "temporarily" disband Congress by executive action on the grounds that they are ineffective?

  11. #11
    Senior Member (too much time on their hands) airbud7's Avatar
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    Looks like you have to be "in the business" of selling firearms.

    I have no problem with that^.................http://www.foxnews.com/politics/2016...l?intcmp=hpbt1

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    Administrator BarryBobPosthole's Avatar
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    Another question is, what about collectors? Are they 'in the business'? One one hand, they aren't selling to the public, but on the other hand, they are trying to make a profit on the guns they buy and sell. Doesn't seem to me to be the folks we'd want to tighten up on.

    BKb

  13. #13
    Senior Member (too much time on their hands) Chicken Dinner's Avatar
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    It's starting to look like a typical political BS:

    https://www.whitehouse.gov/the-press...e-and-make-our

    Even the NFA stuff is pretty much nonsense as I don't think there's many folks using a trust to circumvent background checks. They're using them to acquire otherwise banned items like full auto, suppressors and sawed off shotguns.
    "When the going gets weird, the weird turn pro." Raoul Duke

  14. #14
    Administrator BarryBobPosthole's Avatar
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    Quote Originally Posted by DeputyDog View Post
    Does anyone know when "executive action" actually started, and who decided it could be done? I know a lot of presidents have used it and this is not intended to be a discussion on the current POTUS' use of it compared to previous Office holders use of it.

    I am just wondering to what extent it can be used before it becomes someone deliberately violating the Constitution and basically becoming a monarch. Could someone take it to the extent that they "temporarily" disband Congress by executive action on the grounds that they are ineffective?
    Short answer is no. As long as they are within the law, and that gets decided in the courts not the Congress, executive actions are perfectly legal. Disbanding congress might be fun, but I suspect its illegal.

    Here's a link to the number of executive actions by presidents. There's been a lot more than one would think.

    There's also been a lot of bullshit spewed about them. Mainly from Congress and from presidential candidates.

    BKB

    http://www.presidency.ucsb.edu/data/orders.php

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    Senior Member (too much time on their hands) Buckrub's Avatar
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    Good grief.

    Good night, sheep.
    WARNING - Due to the rising costs of ammunition, warning shots will no longer be given.

  16. #16
    Senior Member (too much time on their hands) Buckrub's Avatar
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    President Obama has signed 23 executive orders designed to address the problem of gun violence in America. The following are the items addressed:

    Gun Violence Reduction Executive Actions:

    1. Issue a Presidential Memorandum to require federal agencies to make relevant data available to the federal background check system.

    2. Address unnecessary legal barriers, particularly relating to the Health Insurance Portability and Accountability Act, that may prevent states from making information available to the background check system.

    3. Improve incentives for states to share information with the background check system.

    4. Direct the Attorney General to review categories of individuals prohibited from having a gun to make sure dangerous people are not slipping through the cracks.

    5. Propose rulemaking to give law enforcement the ability to run a full background check on an individual before returning a seized gun.

    6. Publish a letter from ATF to federally licensed gun dealers providing guidance on how to run background checks for private sellers.

    7. Launch a national safe and responsible gun ownership campaign.

    8. Review safety standards for gun locks and gun safes (Consumer Product Safety Commission).

    9. Issue a Presidential Memorandum to require federal law enforcement to trace guns recovered in criminal investigations.

    10. Release a DOJ report analyzing information on lost and stolen guns and make itwidely available to law enforcement.

    11. Nominate an ATF director.

    12. Provide law enforcement, first responders, and school officials with proper training for active shooter situations.

    13. Maximize enforcement efforts to prevent gun violence and prosecute gun crime.

    14. Issue a Presidential Memorandum directing the Centers for Disease Control to research the causes and prevention of gun violence.

    15. Direct the Attorney General to issue a report on the availability and most effectiveuse of new gun safety technologies and challenge the private sector to developinnovative technologies.

    16. Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes.

    17. Release a letter to health care providers clarifying that no federal law prohibits them from reporting threats of violence to law enforcement authorities.

    18. Provide incentives for schools to hire school resource officers.

    19. Develop model emergency response plans for schools, houses of worship and institutions of higher education.

    20. Release a letter to state health officials clarifying the scope of mental health services that Medicaid plans must cover.

    21. Finalize regulations clarifying essential health benefits and parity requirements within ACA exchanges.

    22. Commit to finalizing mental health parity regulations.

    23. Launch a national dialogue led by Secretaries Sebelius and Duncan on mental health.

    #2 says basically "Figure out how to violate HIPAA to enforce gun control."
    WARNING - Due to the rising costs of ammunition, warning shots will no longer be given.

  17. #17
    Senior Member (too much time on their hands) Buckrub's Avatar
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    WARNING - Due to the rising costs of ammunition, warning shots will no longer be given.

  18. #18
    Senior Member (too much time on their hands) Buckrub's Avatar
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    BTW, there is no "Gunshow Loophole". That 'Loophole' is simply that individuals do not have to follow some federally imposed guideline requiring a background check from every single firearm sale, even by individuals. What Obama and his minions want is to require you, and I, to be subject to background checks by some federal government controlled agency to ensure that we are good enough to buy and sell firearms.

    I ask.........define "bear"?
    Define "arms"?
    Define "shall not be infringed"?

    Simply define it. Don't dance around it, just define it. Not what you wish it was, but what the Framers meant by it. What did those mean?

    Or do you really want to be a Nation of Laws, or not?
    Last edited by Buckrub; 01-05-2016 at 06:53 PM.
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    Senior Member (too much time on their hands) Buckrub's Avatar
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    #16 gives permission for doctors to try and invade my private life.

    #13 is so open ended it is terrifying.

    #4 may be the scariest. What catagories do you think they might come up with and then deem dangerous thus preventing gun purchases and/or ownership.
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  20. #20
    Senior Member (too much time on their hands) airbud7's Avatar
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    Any y'all got a good working pump shotgun for sale?....Turkey season coming up/....my 1100 auto is jamming up bad.(long time)

    PS: Gave my mossburg to my son a long time ago/he wont give it back neather.
    Last edited by airbud7; 01-05-2016 at 07:12 PM.

  21. #21
    Senior Member (too much time on their hands) Buckrub's Avatar
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    They might. But they will soon have to register with BATF to sell it to you.

    Good luck.
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  22. #22
    Senior Member (too much time on their hands) Buckrub's Avatar
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    Obama's executive actions are a small but significant tweak to existing laws. In the US, there are several restrictions in federal law to buying a gun. Generally, the idea is that Americans who are underage, have serious criminal backgrounds, or are mentally ill should not be able to purchase a firearm.

    Whether someone falls into any of these categories is typically evaluated through a background check: Under the federal system, licensed dealers are required to run these checks before they can sell someone a gun, typically by having the FBI check a person's criminal record, mental health history, and other factors. If someone fails a background check, he or she can't legally buy a gun.

    But the system is riddled with loopholes. The most well-known way to bypass background checks is the private sales loophole: If someone purchases a gun from a private seller, such as a friend or family member, no gun background check is required. This is often mischaracterized as the "gun show loophole," under the assumption that people can simply go to a gun show and buy a gun without getting a background check. But licensed dealers at gun shows still have to carry out a background check. The actual loophole is that someone can meet with a private seller at a gun show — or, increasingly, over the internet — and buy a firearm from that person without a background check. In other words, the gun show doesn't create a loophole; the private sale does.

    I continue to ask........what does 'bear' mean? What does 'arms' mean? What does 'shall not be infringed' mean?

    No one answers.

    Safety is not a sufficient reason to eliminate freedom.
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  23. #23
    Senior Member (too much time on their hands) Buckrub's Avatar
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    And here is the Biggest Question:

    "Why are we so divided?"


    http://www.msn.com/en-us/news/politi...DLE?li=BBnb7Kz

    Does anyone know?
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  24. #24
    Senior Member (too much time on their hands) Chicken Dinner's Avatar
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    Look, I clearly disagree with the POTUS on this issue. (And, I didn't buy an AR last month in a private sale by accident.). I just don't see where this did much other than re-emphasize current law and throw some money at enforcement and "safety". In answer to your question about what the 2nd Amendment means, I agree with the USSC. They've said it's an individual right, but that it can be subject to "reasonable" restrictions. Of course, what I think is reasonable is probably less than what most folks do and more than what you do.
    "When the going gets weird, the weird turn pro." Raoul Duke

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    Administrator LJ3's Avatar
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    All I know is my oldest wants me to take her to the range tomorrow. So... to the range we go!
    If we all threw our problems in a pile, and you saw everyone else's problems-- you'd take yours back.

  26. #26
    Senior Member (too much time on their hands) Buckrub's Avatar
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    Well then...........good luck to all of you.
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  27. #27
    Administrator LJ3's Avatar
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    This logic kinda falls down with definitions from dictionary.com. It would appear that the government can't infringe on my sleeves.

    bear
    verb (used with object), bore or (Archaic) bare; borne or born; bearing.
    1.
    to hold up; support:
    to bear the weight of the roof.
    2.
    to hold or remain firm under (a load):
    The roof will not bear the strain of his weight.
    3.
    to bring forth (young); give birth to:
    to bear a child.
    4.
    to produce by natural growth:
    a tree that bears fruit.
    5.
    to hold up under; be capable of:
    His claim doesn't bear close examination.

    arm
    noun
    1.
    the upper limb of the human body, especially the part extending from the shoulder to the wrist.
    2.
    the upper limb from the shoulder to the elbow.
    3.
    the forelimb of any vertebrate.
    4.
    some part of an organism like or likened to an arm.
    5.
    any armlike part or attachment, as the tone arm of a phonograph.
    6.
    a covering for the arm, especially a sleeve of a garment:
    the arm of a coat.
    7.
    an administrative or operational branch of an organization:
    A special arm of the government will investigate.

    infringe
    verb (used with object), infringed, infringing.
    1.
    to commit a breach or infraction of; violate or transgress:
    to infringe a copyright; to infringe a rule.
    verb (used without object), infringed, infringing.
    2.
    to encroach or trespass (usually followed by on or upon):
    Don't infringe on his privacy.
    If we all threw our problems in a pile, and you saw everyone else's problems-- you'd take yours back.

  28. #28
    Administrator LJ3's Avatar
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    Quote Originally Posted by Buckrub View Post
    Obama's executive actions are a small but significant tweak to existing laws. In the US, there are several restrictions in federal law to buying a gun. Generally, the idea is that Americans who are underage, have serious criminal backgrounds, or are mentally ill should not be able to purchase a firearm.

    Whether someone falls into any of these categories is typically evaluated through a background check: Under the federal system, licensed dealers are required to run these checks before they can sell someone a gun, typically by having the FBI check a person's criminal record, mental health history, and other factors. If someone fails a background check, he or she can't legally buy a gun.

    But the system is riddled with loopholes. The most well-known way to bypass background checks is the private sales loophole: If someone purchases a gun from a private seller, such as a friend or family member, no gun background check is required. This is often mischaracterized as the "gun show loophole," under the assumption that people can simply go to a gun show and buy a gun without getting a background check. But licensed dealers at gun shows still have to carry out a background check. The actual loophole is that someone can meet with a private seller at a gun show — or, increasingly, over the internet — and buy a firearm from that person without a background check. In other words, the gun show doesn't create a loophole; the private sale does.

    I continue to ask........what does 'bear' mean? What does 'arms' mean? What does 'shall not be infringed' mean?

    No one answers.

    Safety is not a sufficient reason to eliminate freedom.
    I completely agree with your stance on the mythical "loophole". I don't see anything in what Obama is doing to insert the government between private gun sales between citizens. What am I missing?
    If we all threw our problems in a pile, and you saw everyone else's problems-- you'd take yours back.

  29. #29
    Senior Member (too much time on their hands) Buckrub's Avatar
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    Quote Originally Posted by LJ3 View Post
    This logic kinda falls down with definitions from dictionary.com. It would appear that the government can't infringe on my sleeves.

    bear
    verb (used with object), bore or (Archaic) bare; borne or born; bearing.
    1.
    to hold up; support:
    to bear the weight of the roof.
    2.
    to hold or remain firm under (a load):
    The roof will not bear the strain of his weight.
    3.
    to bring forth (young); give birth to:
    to bear a child.
    4.
    to produce by natural growth:
    a tree that bears fruit.
    5.
    to hold up under; be capable of:
    His claim doesn't bear close examination.

    arm
    noun
    1.
    the upper limb of the human body, especially the part extending from the shoulder to the wrist.
    2.
    the upper limb from the shoulder to the elbow.
    3.
    the forelimb of any vertebrate.
    4.
    some part of an organism like or likened to an arm.
    5.
    any armlike part or attachment, as the tone arm of a phonograph.
    6.
    a covering for the arm, especially a sleeve of a garment:
    the arm of a coat.
    7.
    an administrative or operational branch of an organization:
    A special arm of the government will investigate.

    infringe
    verb (used with object), infringed, infringing.
    1.
    to commit a breach or infraction of; violate or transgress:
    to infringe a copyright; to infringe a rule.
    verb (used without object), infringed, infringing.
    2.
    to encroach or trespass (usually followed by on or upon):
    Don't infringe on his privacy.
    Good grief.

    Dictionary.com is not using a single usage from the meanings of these words as used by the Framers, except by infringe

    Try again. I didn't ask what the current meaning is. I asked what you think the Framers meant by those words.
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  30. #30
    Senior Member (too much time on their hands) Buckrub's Avatar
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    Quote Originally Posted by LJ3 View Post
    I completely agree with your stance on the mythical "loophole". I don't see anything in what Obama is doing to insert the government between private gun sales between citizens. What am I missing?
    If, in those 23 items, you don't see a single thing he is trying to do to insert the US Federal Government between individual gun buyers, I have nothing more to say I guess. As I said, good luck to all.
    WARNING - Due to the rising costs of ammunition, warning shots will no longer be given.

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