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Comment by guest_blog on January 19, 2013 at 10:35am

 

Michael Connelly, Constitutional Attorney

          What the hell just happened? That is the question that many Americans should be asking themselves following the news conference where Obama unveiled his plan for destroying the Bill of Rights to the U.S. Constitution. At first glance it appeared to be a case of Obama shamelessly using the deaths of innocents, and some live children as a backdrop, to push for the passage of radical gun control measures by Congress. Most of these have no chance of passing, yet, Obama’s signing of Executive orders initiating 23 so called Executive actions on gun control seemed like an afterthought.

          Unfortunately, that is the real story, but it is generally being overlooked. The fact is that the with a few strokes of his pin Obama set up the mechanisms he will personally use to not only destroy the Second Amendment to the Constitution, but also the First, Fourth, and Fifth Amendments. It will not matter what Congress does, Obama can and will act on his own, using these Executive actions, and will be violating both the Constitution and his oath of office when he does it.

          Here are the sections of the Executive Order that he will use:

          “1. Issue a Presidential Memorandum to require federal agencies to make relevant data available to the federal background-check system.”

          What exactly is relevant data? Does it include our medical records obtained through Obamacare, our tax returns, our political affiliations, our military background, and our credit history? I suggest that all of the above, even if it violates or fourth Amendment right to privacy will now be relevant data for determining if we are allowed to purchase a firearm.

“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.”

This should be read in conjunction with section 16 of the order that says:

“16. Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes.”

One of the few amendments successfully placed in Obamacare by conservatives does appear to prohibit doctors from asking such questions. Yet, with these two Executive actions, Obama is illegally amending an act of Congress and setting up a procedure for him to force doctors to gain information from patients about gun ownership, and to get our medical history.

Section 3 of Obama’s order states:

“3. Improve incentives for states to share information with the background- check system.”

Once again, what does this mean? What information does the Federal government want from the states? Copies of state personal and business income tax returns or court records of divorce and child custody cases are possibilities that come to mind as well as our voter registrations showing our party affiliations. How does any of this figure into our right to purchase a firearm?

One of the most dangerous and troubling sections of the Obama order in Section 4 that states:

“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.”

This section directs Eric Holder, the architect of Operation Fast and Furious that illegally transferred several thousand semi automatic weapons to Mexican drug cartels and resulted in the deaths of hundreds of Mexican citizens and several U.S. border patrol agents, to now add people indiscriminately to the list of Americans ineligible to purchase firearms. Who might be added to the list?