New "Executive Actions"

T

Tom Servo

Staff
Todd Jones will be sworn in as new Director for the BATFE today. This marks the first time the position has been filled since Carl Truscott left in 2006.

The administration is using this as an opportunity to announce two new executive orders regarding guns. The first is a moratorium on the importation of military surplus guns for the civilian market.

The second is a change in the way NFA trusts are handled. Under the proposal, all individuals associated with a trust would have to undergo a NICS check and submit fingerprints. How this will be implemented, or how it will actually work in practice, remains to be seen.

Supposedly, these measures will reduce the amount of crime guns on the street. Yep.
 
 
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i doubt very seriously that any executive order will ever come about. Why? No need to. The BATFE can invoke the "sporting purposes" clause of the GCA 1968 and ban them from import. The BATFE under Presidents Reagan, Bush I and Clinton banned guns from import citing the "sporting purposes" clause of the GCA 1968.
 
I'm not a lawyer, not even close.

I can understand his ability to sign an Executive Order preventing the importation of Foreign guns, that I can buy.

But, as to the re-importation of returned "loaned" US Surplus guns is a different matter. That was authorized by congress (before 1996 but re-authorized in '96). I don't see how an Executive order can over ride Congressional Law.

Plus, I'm not up on trust, but I though the trust rules were created by congress.

Where am I wrong here????
 
According to a "fact sheet" the White House just released:

However, felons, domestic abusers, and others prohibited from having guns can easily evade the required background check and gain access to machine guns or other particularly dangerous weapons by registering the weapon to a trust or corporation. (...) ATF reports that last year alone, it received more than 39,000 requests for transfers of these restricted firearms to trusts or corporations..
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It's still a felony for those people to own or even handle firearms, and I'm not aware of a significant number of NFA items being used in crimes. I'm not sure why the 39,000 number is supposed to imply something sinister.

...and apparently, the ban on surplus imports "will help keep military-grade firearms off our streets."
 
Tom Servo said:
According to a "fact sheet" the White House just released:
However, felons, domestic abusers, and others prohibited from having guns can easily evade the required background check and gain access to machine guns or other particularly dangerous weapons by registering the weapon to a trust or corporation. (...) ATF reports that last year alone, it received more than 39,000 requests for transfers of these restricted firearms to trusts or corporations..
Click to expand...
It's still a felony for those people to own or even handle firearms, and I'm not aware of a significant number of NFA items being used in crimes. I'm not sure why the 39,000 number is supposed to imply something sinister.
Click to expand...
It's supposed to imply that felons are busy creating NFA trusts so so that they can buy NFA items without background checks . . . :rolleyes:
 
It's my understanding that the NFA trust changes are being done by formal rule making -- the formal process where by a regulatory agency may, if authorized by statute, adopt of change administrative regulations. The rule making process requires that proposed regulations be published for comment before being adopted.

That subject has been under discussion at THR for a while.

ETA: And here as well.
 
Guys, based on the White House fact sheet that Tom posted the items are being referred to as executive actions. Am I correct that an executive action differs from an executive order?
 
OK, here's what I could find on "Executive Actions" as a definition. This comes from NBC News and the entire article is located here:

http://firstread.nbcnews.com/_news/2011/10/28/8528035-just-what-is-an-executive-action?lite

But the trusty C-Span Glossary has no entry for "executive action" and tonight the White House clarified why, it's because it's kind of a catch all term. "It just means something the executive branch does. The use of any of a number of tools in the executive branch’s toolbox," said one administration official.

Executive actions can include "regulation, enforcement, statements of policy...and numerous other things," the official continued.
Click to expand...
 
Re: New Executive Orders

Maybe the real reason for the 39, 000 transfers to trusts are due to cleo not signing off keeping law abiding citizens from the legal use and possession of these items, or the fact you can't add two people, ie husband/wife/father/son, to the forms. I just sent in a trust NFA application so my wife wouldn't be at risk to possess my to be "manufactured" one day sbr ak. Wonder when the true reasons behind a statistic will be reported. Though that wouldn't help push the antigun agenda.
 
I knew I should have bought an SKS sooner. To say nothing of Garands and Carbines. Their speculative prices are about to go up.

This is really quite ridiculous. I know of one case where a person used an M1 Carbine in a mass shooting in my town to kill somewhere between 6-8 people. He also used a 6 shot revolver and then shot himself with it.

This won't even stop people from getting guns. It will just make them more expensive for collectors due to limited supply and potential hoarding.
 
IMHO, a lot of those transfers are for suppressors now that it's legal in Texas to hunt game with a suppressed rifle.
You know, for safety reason like protecting our hearing.
 
All of this has absolutely nothing to do with gun control.
Gun control laws have nothing to do with crime.
This is all about disarming the populous so we can become subservient subjects and no longer free men.
Look at the curriculum in public schools; look at all the new procedures schools have put in place after the CT shooting.
Look at how local LEO have geared up to military style weapons and gear.

Now for the bright side - my collection is going up in value every time a new order or gun control bill passes and when they come to take my guns they get them ammo 1st because it is easier distribute.:D
 
But the trusty C-Span Glossary has no entry for "executive action" and tonight the White House clarified why, it's because it's kind of a catch all term. "It just means something the executive branch does. The use of any of a number of tools in the executive branch’s toolbox," said one administration official.

Executive actions can include "regulation, enforcement, statements of policy...and numerous other things," the official continued.
Click to expand...

So I was right. For those that might not be aware the law I mentioned above is always at work. When you can't find agreement within a structure where it's supposed to be found then you take action simply based upon that alone. The same structure that can't agree on an action will also not/never agree on how to stop any action that is taken. Done.
 
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