Executive Orders fire the first shot in the Federal War on Open Carry?

[Dreamer]

Point five of President Obama's Executive orders read as such:

5. "Propose rulemaking to give law enforcement the ability to run a full background check on an individual before returning a seized gun."

Go back and read that again, and think about what that REALLY means...

That means that if your firearm is seized during an "investigative stop" because you are OCing and someone called in a MWAG call, they could KEEP your firearm until they run a full background check on you--including a full medical and mental health check (per other provisions in this EO) and a complete NICS check (and State background check if applicable).

In other words, you migh tnot get your gun back for days or even weeks. And if you've EVER taken any sort of prescription drug for depression, anxiety, or depression, or sought the services of a psychiatrist or psychologist or therapist you might NEVER get it back.

Read the fine print on this one, folks--The current administration is starting to take the gloves off in their war on the 2A, but they are doing it in a very sneaky, duplicitous way.

You have to understand how a criminal, sociopathic oligarch thinks to understand their methods and tactics. We are perilously close to a "reset button moment", people, and to be honest, I'm getting worried...

 

[carracer]

Exactly my thoughts. Remove your firearm for "officer safety" and lose it for an extended period of time or even forever.

 

[Aknazer]

That was how I took it as well. And while I don't want to be the person to have to go to court over it, that would be a perfect example (imo) of a violation of the fourth amendment. Would probably be best on a case where the gun wasn't returned for days/weeks/indef though as opposed to it simply taking 20-30minutes (still unreasonable, but a longer time would most likely be better for the court case).

 

[Batousaii]

I firmly believe that the federal government is intentionally steering us toward crisis in an attempt to suspend the constitution through the emergency powers.
- Every step they take will be in support of this goal.

 

[Citizen]

I kinda doubt this one will go very far. They're talking about an lot firearms, potentially. Think of all the guns seized for officer safety during traffic stops.* And, the original GFSZ law was shot down by SCOTUS partly because it compelled local law enforcement to enforce federal criminal law.

But, lets say this rule did become operative.

I would predict that within ten years, maybe sooner, people would be getting pre-emptive backround checks so they could get their gun back right away if they were ever traffic-stopped. Remember when the airport gropers' agency offered a program for frequent passengers whereby they could bypass some of the gate rape procedures if they got on a list of pre-vetted people.

Also, think about where CCW permits plays into this. Many--maybe all--CCW permitees are backround-checked. Is government going to pass up the chance to insist that all states standardize their CCW requirements as part of being able to use your CCW to get your gun back at the end of the stop? No. Of course, not. And, who will write those standards? Yep, the fedgov. Wanta place any bets on how onerous the training and competence standards will become? And, you can forget about getting constitutional carry anywhere it does not already exist if such a federal regulation goes into practice.

And, as others have mentioned, all this backround-checking, however arrived at, results in defacto gun registration.

So, even though I don't think it will go very far, I thinks its worth putting up a mighty fight against it anyway just to make sure.


*Worse, think of the additional incentive cops will have to seize guns. On the one hand, a mini-backround check is already being performed whenever a cop runs your identity--he's looking for outstanding warrants. And, perhaps whether your a felon in possession of a firearm. So, maybe there isn't so much reason to keep the gun. On the other hand, I don't wanta find out what incentive cops will cook up for themselves to start seizing all guns during traffic stops.