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Saturday, February 25, 2017

You Gotta Love This President

Trump Executive Order
The faulty Fourth Circuit decision issued last week upholding Maryland’s Scary Gun Ban runs afoul of good jurisprudence. The ruling found that Second Amendment protections don’t extend to individuals who wish to own certain semi-automatic rifles like the AR-15, calling them, “weapons that are most useful in military service.” However, a document sent to me yesterday offers hope of correcting that in the form of a proposed executive order to be issued by President Trump.
Virginia attorney Lenden Eakin sent me the text of the proposed order and gave permission to share it. I’d like run it past the Armed Intelligentsia here at TTAG to get your take.
The simple mechanism of attorney Eakin’s proposal: by defining certain categories of rifles for militia use, the President could strike state and local bans on many of the most popular “assault rifles” and their magazines.
Mr. Eakin also notes: “An Executive Order like this could have a significant impact on the litigation to challenge Assault Weapons Bans currently making its way through the Courts. It would help the challengers.”
UPDATE:  I neglected to note in the original story how 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.


– – – – – – –
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.SArmed 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
March __, 2017



  1. Will Trump ever stop signing stupid executive orders such as this one? Probably not. The Fourth Circuit will cut him down to size just as the Ninth Circuit did over the immigration ban.

  2. Whatsa matter, Norman? Aren't school kids going to heaven fast enough for you?

  3. glad you like him, maybe you 2 will end up in the same rubber room.

  4. The 3 previous commenters are against the US Constitution. That then shows exactly where they stand. Why don't they also add a signature line at the end of their posts and state "member of the Pocahontas County Communist Party" or any other Communist affiliations? It is clear they are anti-American, Anti US Constitution tards. BTW Liberalism is a disease. The cure is education, truth, and some jumps in IQ points. Try to keep up. Your SJW BS doesn't hold any water when faced with reality snowflakes.

    1. Slavery was permitted under the constitution until people got enough sense to change it. Good sense is also lacking in any law that allows anyone to own assault rifles or to carry unrestricted concealed weapons. You might try reading the Second Amendment sometime., all of it. The amendment allowed ownership of guns by the militia, not unlimited ownership of guns by every idiot in the country.

    2. I am not against the Constitution, but I am against stupidity. 33,000 Americans die each year due to guns, and that is almost 100 per day. That means in the last two years more Americans died because of guns than who died in the whole of Vietnam or Korea. More Americans have died in America because of guns than who died in all of our wars since the French and Indian War in the 1700's. There is on average more than one mass shooting in this country every day. A mass shooting is defined by the FBI as four or more at a time. America has the highest homicide rate in the world. That is reality. If you think this is what the Founding Fathers intended, then you are as stupid as I know you are. The Constitution is not perfect and never has been. It has been amended 27 times, and there is more to be done. Changes need to be made that prevent problems. not cause them.

    3. Yes and 54000 die from overdoses and the two are related.
      If you will bother to check you will fond that very few people die from being shot with a rifle.

      The vast majority of hand gun and rifle and shotguns and class 3 weapons are law-abiding citizens and sportsmen and gun enthusiast.

      Look to the democratic-controlled cities, where rantic drugs right across the southern border from Mexico has led to g********** controlling the drug markets and they are very violent with each other.

      Now Im all for reasonable gun contol laws.
      However when you have court systems
      holding the hands of there repeat violent offenders and the law playing them off aginst eachother as snitches you end up with a issue that will not go away.

      Next there are already over 300000000 firearms in America.

      There is no excuse for taking guns away from law-abiding citizens who have committed no crime.

      Far more people die from cars. Do you want to ban any care that can go over 35 and isnt built like a motorcycle helmet to absorb impact.

      Next yes times have changed from colonial days.
      It was rare then to have break ins.
      We are more in need of the abality to protect ourself now then ever before.

      We have riots in the streets with people being assulted and their property destroyed.
      We have a flood of drugs and illegals flowing into the nation.

      We the people have the right to own and carry arms to protect our self and in the event of war on our soil.

      The very thought of trying to invade the us with ground forces and having to not only face our military but 300000000 armed citizens who know the local territory is a frightening thought.

      Right now our military is at its lowest level since 1940 do to President Obama slowly destroyin

      No if you want to call out for stricter penalties for the use of a gun in a crime or possession of a gun by felon then Im all for it.

      If you want to build a wall to keep cocaine and meth from coming across the southern border along with illegal aliens I'm all for it.

      If you want to call for more cops in gang controled citys I got your back.

      The Road Runner...

    4. Such incredible BS. It is to be expected in a state with the worst education system in the country!
      Lie - far more people do not die from cars. Last year the numbers were about equal. Besides, cars serve a necessary purpose in our society.
      Stupid attempted diversion - I did not mention rifles v handguns, because it doesn't make any difference. Dead is dead regardless of the length of of the barrel.
      Another stupid attempted diversion - law abiding citizens are law abiding citizens until they are not. Many thousands of people join the ranks of criminals each year when they kill 33,000 and wound 85,000 more Americans.
      You must be stupid enough to believe Trump - America spends 600 BILLION dollars per year on the military, which is more than the rest of the world combined. Lowest lever of the military? No way.
      Stupid - do you really think that having 300 million guns will prevent an invasion of the US? Isoroku Yamamoto believed that Japan should not invade the US for that reason. That was before the invention of nuclear weapons. However, if there is another world war, it will be fought with nukes and not guns.
      Stupid - do you really think that building a wall between us and Mexico will keep anything from getting across the border? Talk of that wall is all show and no go. There are too many ways for drugs and illegal aliens to get across.
      Agree - stricter penalties for gun abuse, yes. However, that will do nothing to reduce gun deaths each year, since most of the shootings are by newbies and not hardened criminals.
      I could say a lot more, but I will stop here. If you actually did research instead of spouting ridiculous right-wing platitudes, you would know that gun ownership parallels high crime rate. America has the highest gun ownership in the world and the highest crime rate. Countries with the fewest guns, such as Israel and Japan, have the lowest.

    5. You indeed do seem stupid as you have not done your research very well.

      First drug related violence is indeed a big issue.
      While not all people involved in this cartel and gangbangers many are .
      70 percent of the drugs comming into the nation are controledxby mexican cartels.
      And yes stupid a wall will slow that down and have a effect on it.
      Next 60 percent of gun deaths that happen are suicides.
      If no gun was there people set on killing them selk will find a way.

      And yes stupid the fact that a invading force might have to fact 20 to 50 million armed Americans citizens is a major hindrance.
      What the wars of the future may be over is resources.As they become fewer and harder to find invasion to capture resources will become more common.
      Nukes destroy or render resourses unusable or unobtainable.
      So yes stupid I do think it matters.

      Mayve you have not seen the riots taking place across America these last few years by the best followers of the democratic party.
      People were guarding their homes and businesses with firearms in places like furgeson .
      Those that did still had homes and businesses to operate.
      They had guns and im not talking potato guns.

      In mamy rual parts of the nation a call to report your house being broken into or your wife being raped or some of your fellow democrats busting your head with your own golf club could take 15 min to 45 min or longer for a policeman to arrive.
      In such times you want a gun a no trepassing sign is useless and you screaming for help as you try to crawl to the phone while your being beat about the head and shoulders with a golf club wont help or your daughter being gang raped as she moans from the agony.

      The police rarely stop such crimes but clean up the mess often.

      A gun will help if you have it in a accessible spot and know how to use.

      Also there are millions of hunters, collectors,target shooters that have never committed a crime and probally will not.

      The gun is a tool there is no such thing as a bag gun or killer gun or evil gun.
      But those terms do cover people.
      Perhaps that is the issue you need to concentrate on.

      The Road Runner...

  5. "The report, from the Center for American Progress, looked at 10 categories of gun violence. It found that West Virginia ranks among the top in several areas, including the export of guns later used in crimes, mass shootings, fatal gun accidents, gun-related suicides, police officers killed with a gun, fatal shootings by police and gun-related murders of women by intimate partners. - See more at:"

  6. OH please Norman, You're a flip flopper. This time last year you were against the pipeline and now you're in love with the pipeline all because Trump is for and owns stock in it. So very sad i really hope you can one day grow up and stand on your own. I wounder what you're going to do when Trump calls out christians that stand against him ?

    1. IKR ! He was against the pipeline. Now he is for it. Do you think he is for the gas pipeline ? He hated that at one time too.

  7. No more US steel being used in Dakota pipeline, like Trump promised. Now it's RUSSIAN steel. LOL @ all the bumpkins who fell for this New York City con man.

  8. 93 kids from 1 year old to 17 drowned by accident in bathtubs in 2011
    During the same period 102 dided from accodental gun shots.

    656 died in car accidents.

    In all of these deaths of kids there is one thing incommon neglence of a adult.

  9. Next acording to stupid we have to focus on deaths over 800000 Americans die from heart attacks and strokes a year .
    I guess we need to do away with butters facts breads etc and only eat heart freindly foods .
    Well thankfully we in America are free to make decisions and not be ruled over as stupid would.
    We are free to choose.
    I like to have a biscuit and gravy with a couple eggs and bacon and Canadian bacon every so often.
    Im able to choose that because I hace the freedom to because our forefathers had firearms and land in Rebellion against a tyrannical government.
    The Road Runner...

    P.S. Im not with stupid.

  10. I'm sure many here will agree we do need gun control. We need to control who can get guns. Like muslims right now can go and buy guns.
    I know i don't feel safe knowing they can legally buy guns and then can kill in the name of allah. Something really needs to be done about that.

  11. Ok stupid the wall is a big deal.
    No nothing will 100 percent stop the flow of drugs and illegals but its a start.
    One issue often over looked is illegals hurt black America abality to get entry level jobs. Demo are natural racist and fail to see how this afffects America.
    It increases proverty drug abuse and crime for black america.
    Your choosing to support illegals over america citizens.


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A local archivist who specializes in all things Pocahontas County