Would Stacey Abrams as Governor be able to sign executive orders

Discussion in 'Georgia In the News' started by johnski, Sep 9, 2018.

  1. johnski

    johnski Well-Known Member

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    Executive orders as Governor to confiscate or outlaw "assault weapons"?

    Would this be legal?

    Would you personally follow said executive orders?
     
  2. Nemo

    Nemo Man of Myth and Legend

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    I sure would follow it. To take it to her directly.

    YES that is sarcasm and any insinuation of a violent response from me is pure comic relief.

    Nemo
     
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  3. Headspace

    Headspace Member

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    I dont own any "assault" rifles any way. All of my guns are sporting rifles.
     
  4. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    The Georgia Constitution gives the people the Right to Keep and Bear Arms, subject only to laws passed by the legislature as to the "manner" of carry.

    The Georgia Constitution gives some powers to the Governor in his or her role as the head of the Executive branch, but NOTHING in the Ga. Constitution says the Governor has any power to take away people's rights during an emergency or otherwise rule by executive order.

    There is a section of statutory law, O.C.G.A. title 38, that says during declared emergencies the Governor can seize property and order certain businesses to close, or to keep running, as necessary for the public safety, but this specifically FORBIDS the Governor from regulating guns or ammo, or components fo those, during any emergency.

    So, I think we're pretty safe in GA.

    At least so long as the rule of law means something.
    If Georgians see fit to elect a socialist like Abrams as Governor, however, it would indicate a lot of Georgians would just as soon wipe their azzes with the consitution and the acts of the legislature as they would use toilet paper. The "Rule of Law" doesn't mean anything to leftists.
     
  5. Nemo

    Nemo Man of Myth and Legend

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    Sure it means something to them. Just as you specifically note. And they just as soon would.

    Nemo
     
  6. GoDores

    GoDores Like a Boss

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    Executive orders are orders to agencies or individuals in the executive branch of government to execute their duties in a specific manner, which must be consistent with the law. They apply to government agencies, not individual citizens, and they're not a method of implementing new laws without the consent of the legislature.

    A hypothetical Governor Abrams could order the GBI to put maximum resources into investigating and prosecuting gun crimes, or illegally owned guns, and could order state prosecutors to push for maximum sentencing for any state gun crimes. She could not ban any guns or confiscate any legally owned guns without the General Assembly passing a law for that purpose.
     
  7. moe mensale

    moe mensale Well-Known Member

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    Never assume that executive orders are the only thing gun owners should be concerned about regardless of what your state constitution says.

    https://malegislature.gov/Laws/Constitution
    That's from my birth state. MA has some of the most draconian gun laws in the nation. They also have their own "Assault Weapons Ban" from 2004 thanks to Mitt Romney. And yet, in 2016 AG Maura Healey unilaterally (although I don't believe for a second that Gov Baker wasn't aware of what his AG was up to) decided that the legislature's 1998 definitions didn't mean what they said they mean and expanded them to include state compliant versions. Weapons that had been legally bought and sold for nearly 20 years became contraband overnight.
     
  8. moe mensale

    moe mensale Well-Known Member

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    I like the recent approach used by our brethren in NY and CT.
    [​IMG]
     
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  9. Wheedle

    Wheedle Active Member

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    Again, I'm quite sure that somehow those that protect the 'special people' such as herself would be exempted...
     
  10. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    As gun smoker says, in post #3, any such order would not only be illegal because ultra vires, but Georgia law specifically prohibits it.

    Therefore, any such order would be a symptom of way bigger problems for the state than a debate over gun control.

    I think the entire hypothetical is a little ridiculous. You don't know Stacy Abrams very well if you think she would attempt to precipitate a coup d'etat or civil war within the state by an illegal order to confiscate legal weapons of any type.
     
  11. Huckleberry

    Huckleberry Member

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    Yes, but she would attempt to go about it in some way, and I would bet money on that. They are very sneaky and clever about this battle. Think Viet Cong or Muslim extremists, and they way they operate(d). They never just face you and fight head-on. As the saying goes: If you find yourself in a fair fight, your tactics suck.
     
  12. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    The hypothetical in the question proposes a head-on confrontation challenging owners of semiautomatic rifles to resist. It is doubtful any state agencies would actually follow through. Dissension in the ranks.

    I fully agree she supports gun control and banning semiautomatic rifles. I just do not think she would resort to such stupid, clumsy attempts to exercise power. Stacy Abrams is very smart and, if you met her, very likable. I really think the persons posting on this board underestimate her.

    With all of this having been said, even if she wins the Governor's office, she will be the executive branch with a strong Republican legislative branch that would be itching for a showdown over an issue like gun control. Nothing at all would happen in that direction in such circumstances. Indeed, I think GeorgiaCarry.Org would have a banner couple of legislative sessions as new bills repealing gun laws were jammed down her throat in veto overrides, something that would never happen with the last two governors (and one of them did veto a GCO bill, and one of them did undermine a GCO bill he signed using the a committee to write the bill he signed out of the law, remember? Campus carry, no exceptions, K-12 and colleges, he killed it).

    You all may be looking at this the wrong way. It could be very, very good for us.


    I doubt she can motivate enough Democrat votes to beat Kemp, who is definitely our friend, but I do not see it as the end of the world on the right to keep and bear arms if she is elected. Indeed, I think we will have some good gains on ground we should have taken long ago.

    The hypothetical posed in the original post is just silly. Ain't happening.

    Rah, Rah, let's all rattle our AR15's and go to war with the State of Georgia, cause they comin' to take our guns! . . . we would instead experience legislative gains in leaps and bounds, just so the Republicans could score political points.


    Whichever way this election goes, the right to keep and bear arms will come out ahead.
     
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  13. Huckleberry

    Huckleberry Member

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    Smart...likeable...sneaky...dirty...evil. I have never liked a libtard. Never known one in person that I would consider to be smart, either. But some are.

    I am not underestimating her. I am saying that we won't see it coming, if damage is done. We will have been flanked. Happened before and it will happen again.
     
  14. Huckleberry

    Huckleberry Member

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    And the very real danger is that thousands and thousands of people who normally do not vote will come out of the woodwork to vote for her. Mainly only because she is black, but also because she is a known socialist, in favor of keeping her voters dependent on the government so they can keep voting for people like her. The vicious circle. The solution that is the cause of the problem.

    Because of that, I think she has a very real possibility of winning. And that is utterly sickening.

    Kemp needs to be really smart. I hope he is.
     
  15. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  16. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I can think of two very intelligent Presidents recently, both lefties, Presidents Obama and Clinton.

    I do not think intelligence correlates well with "agrees with me."
     
  17. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Stacy Abrams has a JD from Yale. I do not care what you think about her politics, or what affirmative action policies are in place at Yale, you quite simply do not get accepted there, much less graduate with a JD, without a much higher than average intelligence.

    She was hired as a political speech writer while in high school because her command of the language was recognized as superior.

    She was also a tax attorney at a large firm here in Atlanta, something average intelligence does not permit one to do.

    It is a serious mistake to ascribe lack of intelligence to a person because they do not hold your political views.
     
  18. Huckleberry

    Huckleberry Member

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    I qualified that with known "in person". I agree that Obama is very intelligent. He was not incompetent. Except for the fact that he didn't achieve his goal, which seemed to me to have been to destroy this country.
     
  19. Huckleberry

    Huckleberry Member

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    God damn, dude. I never said she wasn't intelligent. Let that go, will you?
     
  20. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Malum's just trying to distract the angry mob of armchair hatriots who would demonize her politics first, ridicule her race and gender second, and threaten her with assassination after that. Probably in a slightly veiled way, by asking aloud what caliber is a good choice for taking an Afrilantan Hippo (.460 Weatherby Mag or .577 Nitro Express?).

    We can see which way this thread was headed, without intervention.
     
  21. Nemo

    Nemo Man of Myth and Legend

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    Ma Deuce.

    Nemo