SC Bill to nullify gun control executive orders
Yet another bill is being introduced in South Carolina with the aim to override what might come down from the federal goverment. This one sets executive orders in its sights.
Earlier this month we reported on a bill that would criminalize those who try and enforce the healthcare law, and last week there was news of a bill that "declares that any firearms made and retained in-state are beyond the authority of Congress under its constitutional power to regulate commerce among the states." And now there is another questionably legal bill being pushed around Columbia.
"Any federal executive order restricting, abridging, or otherwise infringing upon the free exercise of a citizen’s second amendment right to keep and bear arms is unconstitutional and shall not be enforced by any federal, state, or local law enforcement agency within South Carolina.”
Tenth Amendment Center has one of the only articles on the subject (as of now).
However, issuing executive orders regarding gun control laws is nothing new. Both George H.W. Bush and Bill Clinton issued executive orders.
In 1989, then President George H.W. Bush issued an executive order halting the importation of some semi-automatic firearms after a mass school shooting Stockton, California. He based his executive order on the 1968 Gun Control Act and used it to ban the shipment of what could be considered “assault weapons” unless they were used for sporting purposes. (Question: Did the free republic cease to exist then?)
In 1998, then President Bill Clinton also issued an executive order to ban the importation of more than 50 semiautomatic “assault weapons” that had been modified to get through that “sporting purposes” exemption.
In 2001, Clinton moved again via executive order, banning the importation of assault pistols.
The executive order(s) issued by President Obama is in no way a "gun grab". Here are the 23 orders:
1. Issue a Presidential Memorandum to require federal agencies to make relevant data available to the federal background check system.
2. Address unnecessary legal barriers, particularly relating to the Health Insurance Portability and Accountability Act, that may prevent states from making information available to the background check system.
3. Improve incentives for states to share information with the background check system.
4. Direct the Attorney General to review categories of individuals prohibited from having a gun to make sure dangerous people are not slipping through the cracks.
5. Propose rule-making to give law enforcement the ability to run a full background check on an individual before returning a seized gun.
6. Publish a letter from ATF to federally licensed gun dealers providing guidance on how to run background checks for private sellers.
7. Launch a national safe and responsible gun ownership campaign.
8. Review safety standards for gun locks and gun safes (Consumer Product Safety Commission).
9. Issue a Presidential Memorandum to require federal law enforcement to trace guns recovered in criminal investigations.
10. Release a DOJ report analyzing information on lost and stolen guns and make it widely available to law enforcement.
11. Nominate an ATF director.
12. Provide law enforcement, first responders, and school officials with proper training for active shooter situations.
13. Maximize enforcement efforts to prevent gun violence and prosecute gun crime.
14. Issue a Presidential Memorandum directing the Centers for Disease Control to research the causes and prevention of gun violence.
15. Direct the Attorney General to issue a report on the availability and most effective use of new gun safety technologies and challenge the private sector to develop innovative technologies.
16. Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes.
17. Release a letter to health care providers clarifying that no federal law prohibits them from reporting threats of violence to law enforcement authorities.
18. Provide incentives for schools to hire school resource officers.
19. Develop model emergency response plans for schools, houses of worship and institutions of higher education.
20. Release a letter to state health officials clarifying the scope of mental health services that Medicaid plans must cover.
21. Finalize regulations clarifying essential health benefits and parity requirements within ACA exchanges.
22. Commit to finalizing mental health parity regulations.
23. Launch a national dialogue led by Secretaries Sebelius and Duncan on mental health.
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