Proposed Executive Order Designating Certain Rifles for ‘Militia Purposes’

…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

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pile-of-gunsDESIGNATION 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 current or future 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 be expanded or replaced by a broad definition)

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

Full article: Proposed Executive Order Designating Certain Rifles for ‘Militia Purposes’ – The Truth About Guns

I have questions. The main one being that the antis don’t understand what “militia” means. They keep telling us the militia in the 2A is the National Guard, which it isn’t, since it didn’t exist when written. The term “militia” also has negative connotations, seen by many as what the movies portray, a bunch of camo clad people living in a bunker deep in the woods with 90,000 fully automatic weapons, hell bent on taking down the government for the sake of taking down the government. Either way, this could be construed the wrong way by the antis. These are the same who can’t read past the comma in the 2A. It is actually clearly stated what the purpose is in the order, but this could get weird.

Either way, something needs to be done now to stop future gun bans based on how scary something looks or because they were used in high profile cases, ignoring the actual statistics. And it certainly cannot remain an executive order because they are easily overturned. We need a conservative Supreme Court to completely squash this. They attempted in Heller, but that was obviously ignored.

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