Proposed Executive Order Designating Certain Rifles for ‘Militia Purposes’

[mikelets456]

http://www.thetruthaboutguns.com/201...itia-purposes/

The faulty Fourth District 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.

[Bang]

The same nincompoops who believed 60 Minutes treatment of Remington 700 triggers will keel-haul Trump if he EOs followed by another multiple-shooting incident involving a black rifle or hi-cap handgun...which absolutely positively will happen.

[scruff]

That's an interesting idea. Maybe a good thing, as long as "militia" is understood to mean the whole of the people.

Libs have this catch-22. They say the 2A applies only to the militia, and then they consider the militia to be anti-government subversives who should be controlled or banned.

[Bang]

“weapons that are most useful in military service.”

So, there goes M1911 types, Beretta 92s, .38 revolvers, .45 ACP moon-clip revolvers, certain semi-auto handguns from .32 ACP up, all muzzle-loaders used in past wars and any military bolt-actions, semi-automatic Garand M-1s and M1 Carbines as well as M-2s, rolling blocks, falling blocks, break-opens, pump action shotguns. Scalia left that door open and when questioned about it, he said "It will have to be decided". In this world, even the greatest does not ensure the 2nd will be safe.

[chp1911]

So, there goes M1911 types, Beretta 92s, .38 revolvers, .45 ACP moon-clip revolvers, certain semi-auto handguns from .32 ACP up, all muzzle-loaders used in past wars and any military bolt-actions, semi-automatic Garand M-1s and M1 Carbines as well as M-2s, rolling blocks, falling blocks, break-opens, pump action shotguns. Scalia left that door open and when questioned about it, he said "It will have to be decided". In this world, even the greatest does not ensure the 2nd will be safe.

You forgot lever actions.

[Royinmontco]

That's an interesting idea. Maybe a good thing, as long as "militia" is understood to mean the whole of the people.

Currently US code says if your a man and between the ages of 17 and 45, you're automatically in the militia:

§311. Militia: composition and classes
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are-
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

[Pilot321]

Currently US code says if your a man and between the ages of 17 and 45, you're automatically in the militia:

Yeah, and the Democrats, academia, judiciary, and the media either wants us to be unarmed, or limited to muskets.

[eyecanshoot]

Currently US code says if your a man and between the ages of 17 and 45, you're automatically in the militia:

So Trump could order us to restore order in the courts?

[LTCcarrier]

So Trump could order us to restore order in the courts?

No it says all able bodied of that age. Able bodied to the court may mean that you have been certified as able bodied by a certain government. Do you believe that an 18 year old male with severe mental illness is a militia?

[eyecanshoot]

No it says all able bodied of that age. Able bodied to the court may mean that you have been certified as able bodied by a certain government. Do you believe that an 18 year old male with severe mental illness is a militia?

Personally I don't discriminate against people with disabilities. I wouldn't care if you're mentally ill, have a flipper, two heads, or exceed the age requirements. Deciding who gets discriminated against seems to be the Government's job not ours.