MANY CHALLENGES FACE OBAMA'S GUN CONTROL EXECUTIVE ORDERS~THOSE FOR AND AGAINST THE HAMMONDS & BUNDYS IN OREGON

MANY CHALLENGES FACE OBAMA'S GUN CONTROL EXECUTIVE ORDERS 

BY BOB ADELMANN

SEE: http://www.thenewamerican.com/usnews/constitution/item/22275-many-challenges-face-obama-s-gun-control-executive-orders;

republished below in full unedited for informational, educational, and research purposes

President Obama’s attempts to usurp legislative authority in his executive orders issued on Tuesday are meeting escalating resistance — enough resistance that may, for all intents and purposes, negate his efforts entirely.

Most commentators seized upon the threat to the separation of powers doctrine upon which the Constitution is based, including this article published immediately after the announcement. While valid, likely court challenges aren’t the only obstacle standing in the way of the implementation of those orders.

For one thing, the ATF (the Bureau of Alcohol, Tobacco, Firearms and Explosives) already faces immense difficulties in successfully charging someone with illegally selling firearms without a license. Said Daniel O’Kelly, a retired ATF agent:

In order to make that case, you have to make repeated undercover buys from a person at a gun show to show that they are doing it repeatedly, that they have new stock.

Such efforts can take months and may not result in prosecutors taking the case:

It was not uncommon to take a provable case to a federal prosecutor and to be told that it had no jury appeal….

This is a very patriotic country and the people you end up with on these juries are very sympathetic to these guys who may be veterans and could now go to prison because they sold three guns.

As noted by this author previously, the new executive order “allows ATF agents to scour the records of every FFL [Federal Firearms License] holder in the country to find out who is buying and selling guns on a regular basis. From there it is easy to picture the outcome: depending upon how the ATF defines ‘engaging in the business’ of firearm sales, an individual acquiring or selling firearms from time to time would find himself confronted by an ATF agent at his door demanding that he apply for an FFL or face charges of violating the new law.”

That, according to O’Kelly and others familiar with the interior workings of the ATF, is a serious overstatement. First of all, although the ATF has a budget exceeding a billion dollars a year and employs nearly 5,000 people, most of them are busy elsewhere. Best estimates are that only 780 investigators are charged with monitoring the 140,000 present FFL holders, and they aren’t able to keep up with that. An inspector general’s report by the Justice Department in 2013 revealed that those investigators “struggled” to inspect existing dealers “because of insufficient resources.”

Adding thousands, or perhaps tens of thousands, of new dealers under the president’s orders will simply decrease further the ability of those investigators to monitor them all.

The president said he was ordering the ATF to hire another 200 agents, and the FBI to hire another 230 agents, as part of his plan. But for that he’ll have to obtain the funding from Congress — the very Congress whose legislative intents he just overrode. According to Representative John Culberson (R–Texas), Obama’s request for new funds isn’t likely to be received kindly. In a letter to Attorney General Loretta Lynch this week, Culberson vowed that his House Appropriations Committee would use the “power of the purse” to ensure that any funds would not be spent on executive orders that encroach on Americans’ Second Amendment rights.

There’s also the matter of the upcoming presidential election in November. In pushing for more gun controls, the president has given a present to the Republican Party’s candidates who now, almost to a man (and woman), have decried the president’s usurpation of legislative authority and have promised to reverse his orders immediately upon taking office in January 2017.

In addition there’s the excess baggage the ATF has been carrying for many years of overreaching its own authority. Consider the Senate Judiciary Committee’s report back in 1982 that stated, “Based upon these hearings it is apparent that ATF enforcement tactics … are constitutionally, legally and practically reprehensible.”

Consider the Ruby Ridge confrontation in 1992 where the ATF was responsible for the murder of Randy Weaver’s son Sammy and his wife, Vicki. Gerry Spence, author of his recently released Police State: How America’s Cops Get Away With Murder and legendary defense attorney who has never lost a case, defended Weaver and obtained a multi-million dollar settlement from the government. During the trial Spence accused every agency involved in the shooting of “criminal wrongdoing,” including the FBI and the ATF.

Consider the Waco Siege two years later when ATF agents raided the Branch Davidians’ complex, resulting in a fire that engulfed its Mount Carmel Center, resulting in the death of 76 men, women, and children, including its leader, David Koresh. According to Dick Reavis, author of The Ashes of Waco, An Investigation, “The government had little reason to investigate Koresh, and even less to raid the compound at Mount Carmel. The government lied to the public about most of what happened — about who fired the first shots, about drugs allegations, and about the child abuse.”

And there’s the “gunwalking” scandal, more commonly known as “Operation Fast and Furious,” where the ATF, between 2006 and 2011 “purposely allowed licensed firearms dealers to sell weapons to illegal straw buyers, hoping to track the guns to Mexican drug cartel leaders and arrest them.” Of the 2,000 weapons involved, only 710 of them had been recovered a year later, and none of the targeted cartel figures had been arrested. But many of the missing weapons were later discovered to have been involved in the murder of at least 150 Mexican civilians, as well as U.S. Border Patrol Agent Brian Terry. For his role in covering up the scandal, Attorney General Eric Holder became the first sitting member of the Cabinet of the United States to be held in contempt of Congress.

Unless House Speaker Paul Ryan can bury the ATF’s request for funds to finance its expanded roles in some “must pass” legislation — as he just did with the omnibus spending bill that continued spending for the odious Planned Parenthood and new funds for the Internal Revenue Service — the ATF has little chance of following up on the president’s orders. Wait long enough, and those very orders just might be reversed altogether, rendering the whole charade moot.

Related article:

Obama’s Executive Orders Threaten Separation of Powers

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Obama: We Can’t Wait for Congress to Get in Line With Me on Gun Control

BY STEPHEN GUTOWSKI

SEE: http://freebeacon.com/politics/obama-we-cant-wait-for-congress-to-get-in-line-with-me-on-gun-control/; 
republished below in full unedited for informational, educational, and research purposes


During a speech announcing his executive order imposing new gun control measures on Tuesday President Obama said he wants Congress to pass new gun control laws but would not wait for them to do so.

“Now, let me be clear, Congress still needs to act,” he said. “The folks in this room will not rest until Congress does because once Congress gets on board with common sense gun safety measures we can reduce gun violence a whole lot more.”

“But we also can’t wait.”

The president went on to say that Congress does not represent a majority of American’s views on gun control and, therefore, he will act without them. “Until we have a Congress that’s in line with the majority of Americans there are actions within my legal authority that we can take to help reduce gun violence and save more lives,” he said. “Actions that protect our rights and our kids.”

“Until we have a Congress that’s in line with the majority of Americans there are actions within my legal authority that we can take to help reduce gun violence and save more lives,” he said. “Actions that protect our rights and our kids.”

The president’s executive order provides guidance to the Bureau of Alcohol, Tobacco, Firearms, and Explosives on who must obtain a federal firearms license in order to legally sell firearms. The standard set by the President’s order says that a person who sells even one firearm with an intention to make a profit or a number of other criteria may be required to obtain a license. The standard broadens the definition of who is a dealer and must obtain the ATF’s approval.

The order also includes a provision instructing the Social Security administration to begin the process of barring potentially millions of recipients from legally purchasing firearms as well as a number of other initiatives.

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GAVIN SEIM CONDEMNS OBAMA'S GUN CONTROL EXECUTIVE ORDERS; 

SUPPORTS HAMMONDS & BUNDYS 

IN OREGON AS PATRIOTS

CRITICIZES THOSE 

WHO REFUSE TO SUPPORT THEM





Obama’s Executive Orders Longer And More Restrictive Than Previous Administrations

Executive orders total 1,086 pages since Obama took office

BY ALI MEYER

SEE: http://freebeacon.com/issues/obamas-executive-orders-longer-and-more-restrictive-than-previous-administrations/;

republished below in full unedited for informational, educational, and research purposes



Since President Obama has taken office, the length of the executive orders he has issued now exceeds the length of the executive orders issued by former presidents George W. Bush and Bill Clinton, according to a count from the Federal Register.

Additionally, the executive orders that President Obama has issued includes more restrictive language than previous administrations.

In January 2014, President Obama emphasized in a Cabinet meeting that he would not just sit idle and wait for Congress to introduce legislation.

“I’ve got a pen and I’ve got a phone—and I can use that pen to sign executive orders and take executive actions and administrative actions that move the ball forward,” Obama said.

In President Obama’s first seven years in office, he issued 229 executive orders, which add up to a total length of 1,086 pages. While Obama has issued fewer executive orders than Bush, who issued 292, and Clinton, who issued 308, the length of their executive orders were less than Obama’s, with Bush’s at 922 pages and Clinton’s at 781 pages.

“Not all executive orders are created equal,” states John Hudak of the Brookings Institution. “Some are quite forceful, making dramatic changes to policy. Others are more routine, housekeeping issues.”

“To say that one president issued more executive orders than another, tells us little about the scope of those orders or the impact they have on policy,” Hudak says.

President Obama is beginning 2016 with more executive action, as he announced on Monday that his upcoming executive order to implement gun control would make it harder for some to purchase firearms, and may even go so far as requiring someone selling a single firearm to obtain a federal license.

According to an analysis conducted by the Mercatus Institute, the language in President Obama’s executive orders is more restrictive than previous administrations.

“We examine the usage of restrictions—words that create binding, legal obligations, such as ‘shall’ and ‘must,’” states the organization. “Although the current administration has issued fewer executive orders than other modern administrations, the figures show that its total usage of restrictions in executive orders and proclamations exceeds that of any of the past six administrations, with the exception of Clinton’s first term.”

“We don’t know the actual burden the president’s executive orders impose on the public,” said James Broughel, a program manager at the Mercatus Center. “This is because these policies avoid benefit-cost analysis requirements that have been an accepted feature of the regulatory process for over thirty years.”

The White House did not respond to requests for comment by press time.

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Alert: Total Assault On The 2nd Amendment Under Way!





What's Really Going on in Oregon! Taking Back the Narrative ! Attorney KrisAnne HallAbout Krisanne Hall
KrisAnne Hall is an attorney and former prosecutor, fired after teaching the Constitution to TEA Party groups – she would not sacrifice liberty for a paycheck. She is a disabled veteran of the US Army, a Russian linguist, a mother, a pastor’s wife and a patriot. She now travels the country and teaches the Constitution and the history that gave us our founding documents. KrisAnne Hall does not just teach the Constitution, she lays the foundations that show how reliable and relevant our founding documents are today. She presents the “genealogy” of the Constitution – the 700 year history and five foundational documents that are the very roots of American Liberty. - See more at: 

http://krisannehall.com/





Here's What the #OregonFront is Really About!Don't believe the lies. Government officials are the ones BREAKING THE LAW in every sense and patriots are upholding it. Follow Bundy Ranch and watch their videos. The time to unite is NOW! -- Gav