23 PRESIDENTIAL EXECUTIVE ORDERS ON GUNS

1/16/13

I know a lot of you have already heard about this excessive power reach but thought just in case you hadn’t heard the story—here goes.

Obama today announced a sweeping set of directives that he intends will cut down on Americans’ access to guns, setting the stage for a constitutional battle with states where lawmakers already are openly defying the latest power grab by the White House. His plan would demand federal access to the details every time an uncle sells a .22 to a nephew, would ban some weapons outright through a limit on ammunition capacity, would waive medical privacy laws in some cases so individuals can be reported. Missouri, is looking at a plan that would simply cancel any “act, order, law, statute, rule, or regulation of the federal government upon a personal firearm” and make any federal agency trying to enforce such limits guilty of a Class D felony.
Biden said he met with representatives of 229 groups to come up with ideas for what Obama could do to crack down on guns. “We must do what we can now, and there is no person who is more committed to acting … than the president.” By strengthening the background check system,” letting schools hire resource officers and making sure mental health professionals “know their options for reporting someone with mental illness.”
He listed 23 executive orders he is taking:
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 it widely 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 effective use of new gun safety technologies and challenge the private sector to develop innovative 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.
“A universal background check for anyone trying to buy a gun. The law already requires licensed dealers to do checks.” “Congress should adopt a ban on military styles ‘assault’ weapons, and a 10-round limit for magazines.” Missouri is leading the resistance, but is just one of half dozen states or more already addressing the issue, with its HB 170.
The plan from Rep. Casey Guernsey already has 61 cosponsors and is called the Missouri Second Amendment Preservation Act. It would nullify any and all federal statements on “personal firearms, firearms accessories, and ammunition. It states: “Any official, agent, or employee of the federal government who enforces or attempts to enforce any act, order, law, statute, rule, or regulation of the federal government upon a personal firearm, a firearm accessory, or ammunition that is owned or manufactured commercially or privately in the state of Missouri and that remains exclusively within the borders of the state of Missouri shall be guilty of a class D felony.”
Wyoming, South Carolina and Indiana, and they all follow the work of Montana, which several years ago adopted the Montana Firearms Freedom Act, which simply states local firearms are exempt from federal regulation. That concept was adopted at that time by seven other states, and proposed in two dozen more. The American people “will continue to suffer permanent and irreparable injury” unless the task force is brought into compliance with the provisions of the Federal Advisory Committee Act, the complaint, filed in Florida court, states.
The Obama White House “had a duty to the American people to provide at least 15 days notice to the public of the meetings which [Joe] Biden has been chairing to recommend so-called gun control measures following the tragedy at Sandy Hook Elementary School.”. In violation of Second Amendment rights – President Obama and Vice President Biden have thumbed their nose at the law and instead been holding closed door meetings with special interest lobbyists on both sides of the issue,”
Gov. Andrew Cuomo this week signed into law a tougher “assault” weapons ban and provisions to try to keep guns out of the hands of mentally ill people who make threats.
WND had reported that ideas for Obama’s strategies were coming from the Center for American Progress, which released an 11-page proposal, reviewed by WND, calling for a full ban on the sale of assault weapons and magazines with a capacity for more than 10 bullets. CAP suggests legislation to require licensing and transfer restrictions on new and existing “assault” rifles.
The CAP paper, delivered to the White House last week, recommends that Obama issue executive orders requiring all states to collect more data on prospective gun owners for inclusion in a nationwide database. Such a presidential edict would withhold funding to any state that does not provide the federal government with the names of all the individuals who are prohibited from owning firearms, including those barred from purchasing guns due to mental illness. The recommended executive action specifically would penalize states that fail to provide records to the National Instant Criminal Background System, or NICS. “The groundwork for setting up a national registry system,” which would solidify America as a “police state.”
Hammond said it would be ominous that an executive order from Obama could “ask a whole bunch of departments for names of people who have mental problems to be sent to the NICS system.” Those people named on such lists would have a right to a court hearing on the issue. The feds have absolutely zero constitutional authority to make any laws over personal firearms. Period.”
Sources—wnd, larry klayman

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