* We reached out to the White House for a comment on the EO, but we have not heard a response

We can’t confirm this for sure, but the ruling we covered recently about Maryland’s ban on semiautomatic rifles might be in flux again. Base on what we’ve heard, an executive order may strike down any aforementioned ban.

Here is the executive order reportedly issued by the Trump administration:

DESIGNATION OF MILITIA RIFLES

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.S. Armed 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 easily be expanded.)

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

THE WHITE HOUSE

March __, 2017

 

PROPOSED EXECUTIVE ORDER DESIGNATES MILITIA RIFLES FOR CITIZEN OWNERSHIP

 

Image courtesy wikimedia

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  • Roxy Bryant

    DEMONcRATS are Anti American, illegal immigrant loving traitor’s who don’t give a damn about the constitution, Americans or our rights!

  • Keith Foor

    Needs to be all calibers under .600 in measured diameter of projectile and not spelling out 308, 223 and 30-06. This way ALL calibers of standard rifle can be covered from the latest sniper rifles clean back to 58 caliber muskets.

    Real truth is that we need an amendment going forward that says anyone at any level of government that would create a law to circumvent the Constitution of the United States as written and amended is guilty of treason against the United States and shall be charged as such in a federal court of law and punished accordingly if convicted.

    This ends this nonsense at a federal level once and for all. Anything less can be overturned and argued in federal court as being UN-constutitional

  • Redneck

    They’re needs to be language acknowledging the fact that not all militias are governed by the POTUS. In fact, the purpose of the 2nd amendment is to enable citizens the ability to over throw, or attempt to over throw, any corrupt government. It was intended for accountability of our elected officials. The way it is worded lens concern.

  • NIck

    Finally, a president with balls that doesn’t pander to illegals and their votes through family that was born here after the fact. I really want to see this go through and stop California with all the BS restrictions they have in place on “gun control”. The political hacks (Kevin DeLeon in CA) have hired Eric Holder to represent the state in case of such moves. I want to know why the state needs to hire an Ex US attorney general when we have attorneys in place already. How much is this costing the state? I really hope this goes through and sends a message to the dam liberals in CA that the game is over.

    • georgeIIII

      Me thinks the Kalifornia tax payers will hopefully get tired of paying Holder $40k a month for nothing.

  • Joe Santiago

    I live in NYC, does that mean the safe act would be wipe out. We can’t own or possess AR rifles or magazines larger then a 10 round capacity.

  • buffalobob826

    They need to include all military weapons from around the world if used as intended in this EO. I own a AK 47 and a mosin nagant 91-30 they are both damn good rifles.

  • chuck2

    Anyone who thinks this is real has a negative IQ nr. But is raw meat for the more simple minded and an insult to sane gun owners..

  • Deert

    I’m drooling. What a dream-come-true. They’d have to make it un-repealable.

  • AnAmericanRight

    The courts will ban this executive order just like they did in the 9th District court to stop the exec. order to ban 7 countries with ties to terrorism from coming into this country. I still don’t know how the courts can over rule the President of the US and his executive orders. Will someone please explain that to me.

  • WRBuchanan

    I commented on this proposed EO on the Firearms Blog where it has been since last Thursday, and it needs some tweaks like calling them “Militia Weapons” instead of Rifles and expanding the coverage to all Semi-Auto and Manually Operated Rifles, Pistols, and Shotguns and get rid of the “Made in USA” distinction which is dumb.

    Mag cap up to 30 rnds, or whatever capacity magazine is commonly used for that particular Firearm. Example: Glocks normally come with 13-17 round mags, AR’s were designed around 30 round mags.etc.

    It also needs to Permanently Define and set in stone the Definition of “Assault Weapon,” as any weapon capable of “Full Auto Fire.” Period.

    Obviously this EO wouldn’t last one day,,, so it needs to be backed up by immediate Legislation by Congress.

    States have shown their complete inability to govern the 2nd Amendment with any degree of common sense and as such they need to be separated from regulating any Constitutional Amendment. The Fed is in charge of regulating or not regulating all Constitutional Issues via Legislation.

    The SCOTUS decision stating that “States have the right to regulate Firearms,” needs to get revisited and shot down. It has lead to what we have now in CA and NY which is unsatisfactory, and driven by Emotion and Insanity..

    If this doesn’t happen soon, too many good citizens in CA and Elsewhere in the US will be effectively disarmed and made less safe in their homes by Laws like the Recent BS that passed here in CA and other Draconian Gun Laws elsewhere.

    Obviously these laws don’t affect Criminal types in any way. I would suggest that we as concerned citizens resist these laws as well. I have not heard of anyone being prosecuted solely for any gun law infraction. It is always tacked onto another Felony Complaint. If you did defend yourself against an armed threat to your home or family I doubt that any Cop on the job today would take your guns away, no matter what you used.

    I might add that if the liberals hadn’t started trying to disarm this country, there wouldn’t have been the Panic Buying and resultant Astronomical Sales of AR’s and similar weapons. They started it, and we all need to understand that, and throw it right back in their faces every chance we get.

    It is high time we as citizens demand Sanity in our Elected Officials, instead of the Dogged Pursuit of an Insane Agenda that is aimed at destroying this country form within. Drain the Swamp is only part of it.

    People like Nancy Pelosi and Maxine Waters and many others have no place in our government. These people are patently insane and I am calling for Psychological Testing as well as an Intelligence (IQ) Minimum to be enacted for elected officials. We simply can’t have idiots and nutcases running this country!

    I could go on !

    Randy

    • RobtJr60

      There should be some sort of testing for people who hold elected offices, but I think only the MMPI could produce a cross-section of their psychological makeup and not their propensity toward insane liberalism or insane conservatism.

      I wholeheartedly agree with you that this piece of what is called an “Executive Order” waiting to be signed must be further tweaked or reworded in order to sustain the legal challenges that will automatically arise the minute it is signed or even proposed.

      It would be better if Congress, both Houses, were to pass this as a legislative bill, rather than have the President sign it as an E.O. However, even with a majority in both houses, we see that even the majority (Republicans) cannot accomplish much because of their in party fighting, splits in the party and each of them wanting to push their own agendas as if they themselves are the POTUS.

  • disqus_yU5rfSFNc3

    Gentalmen, I know everyone thought that with trump elected that things would quiet down. I am here to tell you that it is absolutely the opposite is coming at us. We as a nation cannot keep going back and forth every 4-8 years!! We either believe in the constitution or we don’t. If we do then there is something you need to understand. These leftists are going to destroy anyone or anyone’s property they feel will get them what they want!! They don’t care who it hurts!!!
    You need to listen now to my words!!! A patriot is not someone who’s willing to die for what they believe in, no no a true patriot is willing to kill for what they believe in – PERIOD!!!! If we want our constitution to survive so our way of life survives then we need to give them two choices, you leave our country or you face us. I don’t give a damn which it is either!! It is time for the righteous to act. Who will join me????