Wednesday, October 7, 2015

It's coming. Obama preparing a run around the 2nd Amendment

By Rob Janicki

White House Press Secretary, Josh Earnest, indicated on Monday that the White House is in the process of ultimately preparing Executive Orders to increase control over guns in America due to the continuing mass murders in schools and other public places across the United States.

Why is it that mass murderers commit their crimes in "gun free zones" rather than at gun shows or shooting ranges?  Duh!!!  They don't want any competition from police and/or armed citizens getting in the way of them making some sick statement of how they've been wronged by the world.

What Josh Earnest didn't say is that Obama is using the Roseburg, Oregon mass murder at the Ompqua Community College as his cover to misdirect attention away from his failed foreign policy in the Middle East.

Still further, Earnest would not give any specifics as to what the Executive Orders would contain, but any arbitrary order by the president is certain to come into conflict with the 2nd Amendment and all the case law on it to date.  

We've learned from past experience that President Obama's tactic is to issue an Executive Order and then challenge Congress to do something about it, knowing that, if Congress seeks to file a case against the president in federal court, it will take time to work its way through the system, thus giving Obama time to seek enforcement of his Executive Order/s.

What has to be noted is that none, and I repeat none, of the mass shootings we have seen in schools, theaters and other public places have involved guns that were acquired illegally by the perpetrators of those heinous crimes.

So, exactly what "loopholes" will President Obama's Executive Order/s intend to close and how will that prevent those who purchased guns legally from becoming mentally disordered at some later date driving them to use guns in an illegal manner?

The answer is short.  There is no law capable of determining a person's future behavior.  All 50 states and the District of Columbia use the FBI's National Instant Criminal Background Check System (NICS) to conduct background checks for firearms purchasers.  The FBI information, in great part, is gathered from all state law enforcement agencies.  Unless an individual has had prior contact with a law enforcement agency for a criminal matter or a mental health issue requiring a police contact, there will be no record on which to deny an individual a right to purchase a firearm.

California has adopted a rather draconian law that allows the state to step in and confiscate guns from a legal gun owner when there has been a complaint about domestic abuse from virtually anyone, or even an assertion by anyone, of the mere possibility of a mental issue with the gun owner.  There have already been instances in California that resulted in a permanent seizure of firearms even when no evidence has been produced to confirm the initial accusation against the gun owner.  In other words, gun owners have been deprived of their 2nd Amendment right to own a gun without due process and a legal finding and determination by a court of competence empowered to adjudicate such matters.  

Expect to see President Obama issue an Executive Order/s that will do nothing to address the real issue of mental illness and gun purchases and will have everything to do with placing even more onerous burdens on legal gun purchases.

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