Politico reports that in the wake of the horrific tragedy at the Sandy Hook Elementary School in Newtown, CT the White House is preparing “19 executive actions on guns“. (Update: The final count was 23 Executive Orders)
Nineteen? Twenty three? Really?!? Well, I’m not a lawyer, politician, or lobbyist, but that sounds like a fairly large number to me – perhaps President Obama just wants to make sure at least one Executive Order will pass Constitutional scrutiny no matter how many of them he chooses to sign.
Still, it seems to me only one well-crafted Executive Order should suffice: And, after about 3 hrs of research, thoughtful reflection*, and careful editing I believe I’ve drafted one that just might do the trick. As an added bonus, my draft’s not only based on a past Executive Order that withstood the test of judicial scrutiny, but it can be applied to most of the “assault weapons” I wrote about in a recent post!
So, here’s my first draft, for your consideration:
The Gold Ammunition and High-Capacity Magazine Confiscation Of April 5, 1933 [TBD] January, 2013
From: President of the United States Franklin Delano Roosevelt Barack Hussein Obama
To: The United States Congress
Dated: 5 April, 1933 [TBD] January, 2013
Presidential Executive Order 6102 [TBD]
Forbidding the Hoarding of Gold coin, Gold bullion, and Gold certificates Ammuniton and High-capacity Magazines.
By virtue of the authority vested in me by Section 5(b) of the Act of October 6, 1917, as amended by Section 2 of the Act of March 9, 1933, entitled “An Act to provide relief in the existing national emergency in banking, and for other purposes”, in which amendatory Act Congress declared that a serious emergency exists,
I, Franklin D. Roosevelt Barack Hussein Obama, President of the United States of America, do declare that said national emergency a threat to the security and personal safety of the people of our country due to the hoarding of ammunition and the use of high-capacity magazine designed to carry ammunition still continues to exist and pursuant to said section to do hereby prohibit the hoarding of gold coin, gold bullion, and gold certificates ammuniton and high-capacity magazines within the continental United States by individuals, partnerships, associations and corporations and hereby prescribe the following regulations for carrying out the purposes of the order:
Section 1. For the purpose of this regulation, the term ‘hoarding” means the withdrawal and withholding of gold coin, gold bullion, and gold certificates from the recognized and customary channels of trade. The term “person” means any individual, partnership, association or corporation.
Section 2. All persons are hereby required to deliver on or before May 1, 1933, to a Federal Reserve bank February 1, 2013, to The Department of Homeland Security or a branch or agency thereof or to any member bank of the Federal Reserve System all gold coin, gold bullion, and gold certificates ammuniton and high-capacity magazines now owned by them or coming into their ownership on or before April 28, 1933, except the following:
usual trade requirements of owners mining and refining such gold , subject
to the limitation set forth in paragraph (b), following.(b) Gold coin and gold certificates Ammunition in an amount not exceeding in the aggregate$100.00 twenty (20) rounds and belonging to any one person; and gold coins having recognized special value to collectors of rare and unusual coins.
(c) Gold coin and bullion Ammunition earmarked or held in trust for a recognized foreign government or foreign central bank or the Bank for International Settlements. governmental entity.
(d) Gold coin and bullion Ammunition licensed for the other proper transactions (not involving hoarding) including gold coin and gold bullion ammunition imported for the re-export or held pending action on applications for export license.
Section 3. Until otherwise ordered any person becoming the owner of gold coin, gold bullion, and gold certificates more than twenty (20) rounds of ammuniton or any high-capacity magazines after April 28, 1933 February 1, 2013, shall within three days after receipt thereof, deliver the same in the manner prescribed in Section 2; unless such gold coin, gold bullion, and gold certificates are ammuniton is held for any of the purposes specified in paragraphs (a),(b) or (c) of Section 2; or unless such gold coin, gold bullion ammuniton is held for purposes specified in paragraph (d) of Section 2 and the person holding it is, with respect to such gold coin, gold bullion ammuniton, a licensee or applicant for license pending action thereon.
Section 4. Upon receipt of gold coin, gold bullion, or gold certificates ammuniton or high-capacity magazines delivered to it in accordance with Section 2 or 3, the Federal reserve bank or member bank will pay thereof an equivalent fair-market amount of any other form of coin or currency coined or issued under the laws of the United States.
Section 5. Member banks A branch or agency of The Department of Homeland Security shall deliver all gold coin, gold bullion, and gold certificates owned or ammuniton or high-capacity magazines received by them (other than as exempted under the provisions of Section (2) to the Federal reserve banks The Department of Homeland Security of their respective districts and receive credit or payment thereof.
Section 6. The Secretary of the Treasury, out of the sum made available to the President by Section 501 of the Act of March 9, 1933, will in all proper cases pay the reasonable costs of transportation of gold coin, gold bullion, and gold certificates delivered to a member bank or Federal reserve bank in accordance with Sections 2, 3, or 5 hereof, including the cost of insurance, protection, and such other incidental costs as may be necessary, upon production of satisfactory evidence of such costs. Voucher forms for this purpose may be procured from Federal reserve banks the Department of the Treasury.
Section 7. In cases where the delivery of gold coin, gold bullion, or gold certificates ammuniton or high-capacity magazines by the owners thereof within the time set forth above will involve extraordinary hardship or difficulty, the Secretary of the Treasury The Department of Homeland Security may, in his or her discretion, extend the time within which such delivery must be made. Applications for such extensions must be made in writing under oath; addressed to the Secretary of the Treasury The Department of Homeland Security and filed with a Federal reserve bank. Each applications must state the date to which the extension is desired, the amount and location of the gold coin, gold bullion, and gold certificates ammuniton or high-capacity magazines in respect of which such application is made and the facts showing extension to be necessary to avoid extraordinary hardship or difficulty.
Section 8. The Secretary of the Treasury The Department of Homeland Security is hereby authorized and empowered to issue such further regulations as he or she may deem necessary to carry the purposes of this order and to issue licenses thereunder, through such officers or agencies as he or she may designate, including licenses permitting the Federal reserve banks and member banks of the Federal Reserve System, in return for an equivalent amount of other coin, currency or credit, to deliver, earmark or hold in trust gold coin or bullion to or for persons showing the need for same for any of the purposes specified in paragraphs (a), (c), and (d) of Section 2 of these regulations.
Section 9. Whoever willfully violates any provision of this Executive Order or these regulation or of any rule, regulation or license issued there under may be fined not more than $10,000 $250,000, or, if a natural person may be imprisoned for not more than ten years or both; and any officer, director, or agent of any corporation who knowingly participates in any such violation may be punished by a like fine, imprisonment, or both.
This order and these regulations may be modified or but not revoked at any time.
Franklin D. Roosevelt Barack Hussein Obama
President of the United States of America
April 5, 1933 [TBD] January, 2013
If you’d like to see the original Executive Order my draft is based on, click here: “Executive Order 6102: The Gold Confiscation Act of April 5, 1933”
*ie: Bathroom break.
Thanks for reading!