Posted on 12/08/2014 10:28:10 AM PST by ctdonath2
So I'm sitting here reading the Obama's "it's not an Executive Order, it's just a Memo" negating established immigration law. The core premise is "fulfilling the law is just not viable, so here's how we're going to change it by refusing to execute & enforce it".
Occurs to me that NFA law (federal gun laws requiring a $200/$5 tax, intense background check, and other paperwork) is in a comparable state: NFA processing times are (AFAIK) approaching a year now, which is of course in gross violation of "right to keep and bear" insofar as you've paid for an otherwise lawful weapon, but the feds won't let you actually possess (much less carry & use) it on grounds that it's taking that long to process the legally required paperwork. So...what's to prevent a sympathetic POTUS from declaring, just like the Obama did, "since the federal government is incapable of processing NFA applications in a timely fashion, I hereby direct my subordinates to defer action based on lack of an issued NFA stamp so long as the owner can show a legitimate copy of the paperwork submitted; they shall notify the BATFE of the issue, who will upon approval, denial, or falsehood of the NFA application paperwork in question notify the agents & agencies giving that notice. As such, otherwise law-abiding citizens of the USA may take possession of their lawful possessions immediately, averting infringement on their right to keep and bear what is unquestionably arms referred to by the Founding Fathers when they enacted the 2nd Amendment to the Constitution. Should the approval in question be denied, the owner shall be notified and given a reasonable good-faith opportunity to correct the situation before applicable laws are enforced."
...unintended consequences? Might even a valid legal defense become "since federal agencies are incapable of acting on _____ in a reasonable period, and the President has demonstrated a willingness to suspend execution of law where timelines is not viable, then by equal protection under the law, the defendant invokes a right to delayed/suspended enforcement until said execution occurs."
Just a thought from a sleep-deprived brain.
There are better ways of accomplishing this w/o acting like Barry. In fact theres something in the works right now all made possible by the ATF.
18 USC 922 (o) is hearby repealed.
They both agreed to it, however the Senate is run by Harry Reid which WOULD NOT entertain amendments to bills that the DEMS were shoving down our throats.
Yeah, its a drag. Customer wants a Thompson....has to wait 3-6 months for the SMG to get to me on a Form 3. Then they have to wait ANOTHER 6+ months to get it to them on a Form 4. Kinda sucks having $20k+ tied up for a year and no interest being paid to you.
Hollis vs. Holder and Watson vs. Holder should get real interesting soon. ATF messed up by approving new Form 1 machineguns, then revoked the stamps and confiscated the weapons. These suits (and more along the way) have the potential to unravel the NFA, GCA, and 922(o).
There is also the state level route, by passing laws that protect intrastate manufactured arms, states can avoid Federal regs.
I like the idea of legislation by stealth, in a sense. I’d like to see the GOP repeal NFA, Obamacare, and a few other unconstitutional laws by stealth. Insert the repeals into some obscure paragraph of a 3,000 page reconciliation bill, pass the bill, let Barry sign it, and then a week later (once the signed bill is in some way recorded as officially signed “discover” that the bill repealed a whole bunch of bad laws).
The down side is that the corrupt party could do the same, but the solution is to (1) actually read and understand bills before signing them, and (2) write shorter bills that can be understood. Also, I’m okay with both sides repealing bad laws. It would be nice to get rid of about 80% of the laws and 90% of the regulations on the books.
Watch liberal heads explode if the entire chapter 4 of GCA is struck down as unconstitutional.
http://www.freerepublic.com/focus/chat/3229967/posts?page=38#38
There are better ways of accomplishing this w/o acting like Barry.The problem with that thinking is that "Barry" has set the precedent and it will only be constrained either voluntarily, by congressional legislation or by the SCOTUS. Until then, I DO NOT agree that only the DEM party gets to leverage that precedent.
Sooner or later, we need to start fighting fire with fire, or else the big bully (the Dems and their trained, sychophantic media) will never learn from the error of their ways. I would encourage the next non-dem president (hopefully, a strident conservative) to just ride roughshod over as many DEM sacred cows until they yell "Uncle"! Perhaps after that, the Dems will understand the costs of their carelessness.
It's beyond civil debate and reasoning. It is WELL past time to employ the "Pain & Compliance" technique, where you inflict pain until you gain compliance -- and I mean that towards both the Dems and their equally ugly, illegitimate twin-sibling, the GOPe.
All my previous tax stamp purchases, including a 'manufactured by me' SBR sailed through. (The SBR was submitted at the same time and took 4 months.)
A right denied indeed. I can go 'visit' my property, but am denied using it or possessing it.
I read the federal law about a year ago. As I recall, the Secretary of the Treasury can declare a year long amenesty for NFA items anytime they wish.
But, I am not a lawyer.
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