Obama quietly moving forward with gun regulation

[Paslode]

Biden said. "Number one, the president is already lining up some additional executive actions he's going to be taking later this week."

And away we go!

A Bureau of Alcohol, Tobacco, Firearms and Explosives Final Rule published today in the Federal Register and a news release issued Friday by the Department of Health and Human Services, followed up with a notice to be published tomorrow, are two developments all but ignored by the mainstream press even though Vice President Joe Biden announced last week that the administration would be using executive orders to advance “gun control” goals following a Senate battle that could not muster the votes to do so legislatively.

The Importation of Defense Articles and Defense Services -- U.S. Munitions Import List references executive orders, amends ATF regulations and clarifies Attorney General authority “to designate defense articles and defense services as part of the statutory USML for purposes of permanent import controls,” among other clauses specified in heavy legalese requiring commensurate analysis to identify just what the administration’s intentions are. Among the speculations of what this could enable are concerns that importing and International Traffic in Arms Regulations may go forward to reflect key elements within the United Nations Arms Trade Treaty.

The clarification in deference to the Attorney General on ITAR matters makes fair the question of why Eric Holder, then-Secretary of State Hillary Clinton the Department of Justice Office of Inspector General and Congressional overseers were conspicuously disinterested when export violations were pointed out as matters for Fast and Furious investigators to concern themselves with.

Meanwhile, the HHS news release pledged “Obama administration moves to remove barriers to firearm background check reporting,” by “initiat[ing] a rulemaking process to remove unnecessary legal barriers under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule that may prevent states from reporting to the National Instant Criminal Background Check System (NICS).”

Recent allegations that medical records in New York State are being cross-referenced with gun owner handgun permit records may raise a flag of concern that this could be a first step toward setting up a national system, dependent only on a change in current prohibitions to allow records already being created to be consolidated, with the second step being the so-called “universal background check”

As the HHS Advance Notice of Proposed Rulemaking is not scheduled for publication in the Federal Register until tomorrow, Gun Rights Examiner has uploaded a copy of the draft to its Scribd document archive website account.

“The ANPRM will be available for review at: http://www.federalregister.gov/,” the HHS presser informs, anticipating tomorrow’s official publication, and further advises “Comments can be submitted to http://www.regulations.gov/.”

http://www.examiner.com/article/afte...gun-regulation

http://www.gpo.gov/fdsys/pkg/FR-2013...2013-09392.pdf

http://www.hhs.gov/news/press/2013pr...20130419a.html

http://www.scribd.com/doc/137444433/...ck-System-NICS

[MiTTMedic]

I guess we can buy defense weaponry (fighters/bombers), since Egypt apparently got them without a background check.

[CSB]

Here is the new rule (which has the effect of law):

In short, the rule modifies the who and why "munitions"
are barred from import from the United States (and
despite the name, also the export of "munitions" to
other countries).
Such munitions are contained in the appropriately named
"U.S. Munitions Import List."

As you can see, the basic idea of who can buy and sell
tanks, armored personnel carriers, helicopter gunships, etc.
fall within the provisions of the rule, but note the change:

§ 447.21 The U.S. Munitions Import List.
The following defense articles and
defense services, designated pursuant to
section 38(a) of the Arms Export Control
Act, 22 U.S.C. 2778(a), and E.O. 13637
are subject to controls under this part.
For purposes of this part, the list shall
be known as the U.S. Munitions Import
List (USMIL):
THE U.S. MUNITIONS IMPORT LIST
(USMIL)
* * * * *
CATEGORY V [Reserved]

CATEGORY VII—TANKS AND
MILITARY VEHICLES
* * * * *
(d) [Reserved]
(e) [Reserved]
* * * * *
CATEGORY VIII—AIRCRAFT AND
ASSOCIATED EQUIPMENT
* * * * *
(b) [Reserved]
* * * * *
CATEGORIES IX–XIII [Reserved]
* * * * *
CATEGORIES XVII–XIX [Reserved]
* * * * *
CATEGORY XXI—MISCELLANEOUS
ARTICLES
Any defense article or defense service
not specifically enumerated in the other
categories of the USMIL that has
substantial military applicability and
that has been specifically designed or
modified for military purposes. The
decision as to whether any article may
be included in this category shall be
made by the Attorney General with the
concurrence of the Secretary of State
and the Secretary of Defense.Dated: April 17, 2013.
Eric H. Holder, Jr.,
Attorney General.

Now, Eric Holder, all by himself, can declare any article
that has "substantial military applicability" to be on
the Munitions List. Given the track record of this
administration, I suspect that with a few months we
will find every pistol grip, folding/collapsing stock, magazine
with a capacity over 5? 10? 15? rounds, telescopic sight,
laser sight, calibers of .50 and above, and many more
"items" will be declared as "designed or modified for
military purposes" and banned from import or export.

[sinjefe]

Originally Posted by CSB

Here is the new rule (which has the effect of law):

In short, the rule modifies the who and why "munitions"
are barred from import from the United States (and
despite the name, also the export of "munitions" to
other countries).
Such munitions are contained in the appropriately named
"U.S. Munitions Import List."

As you can see, the basic idea of who can buy and sell
tanks, armored personnel carriers, helicopter gunships, etc.
fall within the provisions of the rule, but note the change:




Now, Eric Holder, all by himself, can declare any article
that has "substantial military applicability" to be on
the Munitions List. Given the track record of this
administration, I suspect that with a few months we
will find every pistol grip, folding/collapsing stock, magazine
with a capacity over 5? 10? 15? rounds, telescopic sight,
laser sight, calibers of .50 and above, and many more
"items" will be declared as "designed or modified for
military purposes" and banned from import or export.

How can they modify current law (§ 447.21) without congress? Doesn't that "addition" have to be approved by congress?

[ZonieDiver]

Originally Posted by sinjefe

How can they modify current law (§ 447.21) without congress? Doesn't that "addition" have to be approved by congress?

"They" can do pretty much whatever they wish, as long as Congress lacks the 'cojones' to DO anything about it. Transcending politics and political party affiliation, this has been a concern of mine for a lonnng time.

I didn't agree a lot with Tip O'Neill or LB Johnson (while in the US Senate), but you did NOT piss in their pool without their permission - no matter your party affiliation - without some kind of blow-back.

The Supreme Court could find their 'quarters' in GP Mediums.

[CSB]

Many, many laws passed by Congress contain provisions on the order of:

"Under rules promugated by the Secretary ..."

to allow Congress to pass a broad law and allow the Secretary to "fill in the details."

For example, the Congress can't keep up with every new drug/medicine/surgical procedure, so the federal law passed by Congress
will delegate to the Secretary of Health and Human Services the authority to
pass rules concerning drugs (legal and otherwise), surgical instruments,
etc.

Even the military is granted discretion to write its own rules, that the
Congress blesses with a broad grant of authority, such as promotion
boards, contracts, chapter boards, and so on.

Of course, the Congress can always step in and disapprove any administrative
rule promugated by a federal agency, but that takes interest, ability and integrity.

[Dusty]

We need a political Elliot Ness.

[Badger52]

Originally Posted by CSB

Of course, the Congress can always step in and disapprove any administrative
rule promugated by a federal agency, but that takes interest, ability and integrity.

Spot-on, or they'd never allow such clauses to be published & passed in the first place.

Ultimately this is going to lead to AG & HHS also making medical decisions as they work to gut patient record-keeping safeguards by holding some $tate$' hostage.

Fortitude at the individual state level is going to matter more than ever.

[Dozer523]

Originally Posted by Dusty

We need a political Elliot Ness.

I'll second that, Bro! There are people who need to be pushed off the roof. Just movie making, but still my favorite part. That guy deserved it. (Along with Capone's Baseball analogy -- Baseball makes everything make sense. That guy deserved it, too.)
If you have time for a good movie, I recommend Gangster Squad.

[Dusty]

Originally Posted by Dozer523

I'll second that, Bro! There are people who need to be pushed off the roof. Just movie making, but still my favorite part. That guy deserved it. (Along with Capone's Baseball analogy -- Baseball makes everything make sense. That guy deserved it, too.)
If you have time for a good movie, I recommend Gangster Squad.

I have absolutely no idea what point you're trying to make.

[MR2]

Originally Posted by ZonieDiver

The Supreme Court could find their 'quarters' in GP Mediums.

Green for summer and Tan for winter!

[Sigaba]

Originally Posted by Dusty

I have absolutely no idea what point you're trying to make.

Early on in The Untouchables (1987) Ness makes it clear that he has limits.*

Malone: You said you wanted to get Capone. Do you really wanna get him? You see what I'm saying is, what are you prepared to do?
Ness: Anything within the law.
Malone: And *then* what are you prepared to do? If you open the can on these worms you must be prepared to go all the way. Because they're not gonna give up the fight, until one of you is dead.
Ness: I want to get Capone! I don't know how to do it.
Malone: You wanna know how to get Capone? They pull a knife, you pull a gun. He sends one of yours to the hospital, you send one of his to the morgue. *That's* the *Chicago* way! And that's how you get Capone. Now do you want to do that? Are you ready to do that? I'm offering you a deal. Do you want this deal?
Ness: I have sworn to capture this man with all legal powers at my disposal and I will do so.
Malone: Well, the Lord hates a coward.
[jabs Ness with his hand, and Ness shakes it]
Malone: Do you know what a blood oath is, Mr. Ness?
Ness: Yes.
Malone: Good, 'cause you just took one.

By the end, those limits have changed.

Ness: I'm going to see you burn, you son of a bitch, because you killed my friend!
Frank Nitti: He died like a pig.
Ness: What did you say?
Frank Nitti: I said your friend died screaming like a stuck Irish pig. Now you think about that when I beat the rap.
[He runs a comb through his hair and walks toward the door. Ness, enraged, grabs him from behind and pushes him past the door]
Frank Nitti: Hey... hey!
[Ness propels him toward the ledge]
Frank Nitti: *Hey!
[Ness pushes him off the roof. He falls, screaming]
Ness: Did he sound anything like *that*?

_________________________
The passages are from David Mamet's screenplay for The Untouchables as quoted here.

[Dusty]

Originally Posted by Sigaba

Early on in The Untouchables (1987) Ness makes it clear that he has limits.*

By the end, those limits have changed.

_________________________
The passages are from David Mamet's screenplay for The Untouchables as quoted here.

lol Thanks!

Which Mamet flick is this from?

"My motherf.cker is so cool, when he goes to bed at night, sheep count him."

[Sigaba]

Originally Posted by Dusty

lol Thanks!

Which Mamet flick is this from?

"My motherf.cker is so cool, when he goes to bed at night, sheep count him."

I found Heist profoundly disappointing.

And he owes me $5.50 for We're No Angels.

[Dusty]

Originally Posted by Sigaba

I found Heist profoundly disappointing.

And he owes me $5.50 for We're No Angels.

Along with House of Games, one of my favorites.

Didn't like Redbelt, though. Hated him and her.