Executive Order Bans Re-importation Of Guns Given To Other Countries - Page 2
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Thread: Executive Order Bans Re-importation Of Guns Given To Other Countries

  1. #11
    I for the Life of me cannot find where the President can ban the importation of anything. He lacks the authority. Congress must pass a law.
    The Only Easy Day Was Yesterday

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  3. #12
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    It looks to me Seeya, as if he is trying to make money for the gov't. Nothing prevents the Army from bringing them back and turning them over to the CMP. A group that right now has about a 3-6 month wait on guns. That forces prices up which makes them more money. While you can buy an M1 Carbine with import marks for $600, one without will go for double that. CMP is the only program allowed to sell them after being brought in without import marks.
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  4. #13
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    I'm not convinced this is correct and here's why. Yes, it's true Obama did make some kind of executive action and announced it on the White House site even, relating to the banning of re-importation of guns. But due to our laws on the books, it should be pretty obvious that the executive action may end up having no practical effect at all unless a new regulation is adopted via regulations.gov or a new law is adopted through Congress (which is not going to happen anytime soon). So here's my explanation and my own simple opinion about what's happening in this area - please check what I am saying and tell me if you think I am right or wrong after you fact-check me:
    1) The executive action in question was described on the White House site as follows:
    "When the United States provides military firearms to its allies, either as direct commercial sales or through the foreign military sales or military assistance programs, those firearms may not be imported back into the United States without U.S. government approval." (...) "the Administration is announcing a new policy of denying requests to bring military-grade firearms back into the United States to private entities, with only a few exceptions such as for museums. This new policy will help keep military-grade firearms off our streets."
    (No further details were provided on the White House website.)

    2) It is unclear if this executive action is meant to apply only to military firearms which have been sent from the United States to another nation or if it is meant to apply more broadly. However, no further details regarding the intended scope of this action (and no additional or more detailed guidance) has been provided via the White House, Attorney General, etc., etc.

    3) It is my understanding that currently, absent more detailed guidance, the ruling known as ATF Ruling 80-8 applies in this context as well as the provisions of 18 U.S.C. 925(e) which stipulates that a Type 08 or 11 FFL may import SMCR (surplus military or curio and relic) firearms into the United States pursuant to an approved ATF Form 6 import permit.
    (Subsection 925(e) states the following:)
    "Notwithstanding any other provision of this title, the Attorney General shall authorize the importation of, by any licensed importer, the following:
    (1) All rifles and shotguns listed as curios or relics by the Attorney General pursuant to section 921 (a)(13), and
    (2) All handguns, listed as curios or relics by the Attorney General pursuant to section921 (a)(13), provided that such handguns are generally recognized as particularly suitable for or readily adaptable to sporting purposes."

    (In case you were wondering, the relationship of what the Attorney General shall do "pursuant to section 921(a)(13)" can only be altered through regulation - to wit:
    18 USC 921 - Definitions | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute
    "...curios or relics, as (...) Attorney General shall by regulation define (...)"
    It should thus be clear that the importations can continue and are not in any way impaired by this executive order -- unles the Attorney General proposes a regulation that changes the curio and relic list. If this were to happen (which is likely to occur at some point) you would find it by keeping your eye on Regulations.gov -- the regulation would probably be posted from the Department of Justice or ATF, I'm guessing.

    I went and took a look at regulations.gov the other day, did a search for anything that might be relating to curio and relic changes that would restrict the list of importable curios and relics, and I found... nothing. No changes.

    So.... am I wrong?

    You tell me.

  5. #14
    As expensive as these are anyway, who would use them for a crime?
    Knarren und Zigarren!!!

  6. #15
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    Howdy,

    The thread is titled "Executive Order Bans Re-importation..... but there wasn't any mention of a EO in the linked news report.

    Paul
    I'm so Liberal that I work at the Bill and Hillary Clinton Regional Airport!

  7. #16
    The Only Easy Day Was Yesterday

  8. #17
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  9. #18
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    Quote Originally Posted by fuhr52 View Post
    His highness King Obama has spoken, congress has no spine to stop him. Now we have fallen back into a monarchy we fought so hard to get out from under. Washington must be rolling in his grave.
    Washington was rolling in his grave many many decades before Obama even ran for office.
    "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well armed lamb contesting the vote."
    ~ Benjamin Franklin (maybe)

  10. #19
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    My point was that you can still re-import and buy them. The obama executive action changed nothing, because the curio and relic list pursuant to section 921(a)(13) hasn't been changed. (The executive action doesn't change the curio and relic list, only a new rule-making can change the c&r list, according to federal law.) Re-import away!

    At such time when a rule-making does appear at regulations.gov that would attempt to remove M1 from c&r status I would certainly expect that it would be challenged via an ATF proceeding and also, in Court and via Congressional action.

    But until then... if you have your Type 08 or Type 11 FFL and a approved ATF Form 6 for it, re-import, because nothing is stopping you.

  11. #20
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    Basically Freethink. he has stopped the repatriation of them. Any coming in would be seized by Customs or BATFE because he has told the agencies to do so. Is it legal, heck no. But what ever stopped him from doing something that wasn't? Think about his change to immigration. Not legal to tell a Department not to enforce a law but he did anyways. And Congress hasn't called him to task for having done it.
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