EO Gun Control Options are Limited

[jpk1md]

Obama faces 'limited' options on executive action on gun violence

Decent outline of possible LEGAL options this admin count take.......lets keep this thread free of tin foil hattery please.

Seems to me that the admin is realizing it and reacting to pushback......keep up the pressure and they WILL fail.....this is all propaganda folks.....an attempt to manipulate a tragic isolated event in order to pass unconstitutional infringements on our rights

http://thehill.com/homenews/adminis...d-options-on-executive-action-on-gun-violence

 

[Inigoes]

Yes, there is very little Obummer can do via EO legally. This is the silver lining because of all the gun laws.

The hitch in the giddy-up: if an unlawful EO is issued.

 

[Mr H]

With groups like Center for American Progress compiling their own proposals for the administration, we know they will at least try every possible option.

I'm of the opinion that they will even try enacting measures that won't hold up to legal tests, but will be happy with any 'gains' they get in the interim.

 

[SigMatt]

Obama faces 'limited' options on executive action on gun violence

Decent outline of possible LEGAL options this admin count take.......lets keep this thread free of tin foil hattery please.

Seems to me that the admin is realizing it and reacting to pushback......keep up the pressure and they WILL fail.....this is all propaganda folks.....an attempt to manipulate a tragic isolated event in order to pass unconstitutional infringements on our rights

http://thehill.com/homenews/adminis...d-options-on-executive-action-on-gun-violence

This is about the only thing he could do that won't run into significant legal hurdles:

Winkler and others say Obama can install changes like new importation limits on weapons, tougher law-enforcement policies and greater cooperation between federal agencies sharing criminal and mental-health records – all without Congress's blessing.

Since GCA'68 allows the ATF to ban import of firearms "not suitable for sporting purposes" and such enforcement has already been done through EOs, he could go for the whole hog and ban all foreign handguns from coming in and any foreign semi-auto rifles regardless of type. Not bolt action, not "sporting".

Biden and other administration officials are holding their cards very close to the vest, but past actions from the White House – combined with some of the vice president's brief public comments from this week – lend some clues about what type of executive actions might be under consideration.

Which is a concern. I feel that maybe they may try to push the boundaries on an EO with existing law. Since the ATF has already limited import of parts kits components over the years, perhaps an outright ban period? If AR and AK pattern rifles are the issue, to my knowledge, no one in the USA is producing 100% domestic AK variants. All are built on a variety of imported parts with US compliance parts. Cut off that supply across the board for anything.

Admittedly, given the variety of AK parts out there, it would be reasonably straightforward to fill in the last gaps and produce 100% US made AKs. They'd be much more expensive though.

I would fully expect a all-up magazine import ban of greater than 10 rounds (or just a flat ban period) under such a declaration as a matter of course. So if you have anything that takes a foreign-made mag, get it while you can.

I would expect also a unilateral order to report 2 or more "assault weapon" purchases by anyone regardless of time between to be reported to the ATF in keeping with the previous rulemaking to the southern border states. This is counter to the way Congress wrote the law for this but the Administration doesn't seem to care and the challenges to the rule change aren't getting very far as of yet. This would also be a violation of 18 USC 926(a) if such reporting records are kept by the ATF.

Perhaps also an arbitrary reclassification of "assault weapon" long guns under that reporting rule to be pretty much any semi-auto.

I think that is a pretty safe, perhaps slightly mylar-based, possibility.

Matt

 

[Goose Guy]

If he goes for an import tax/tariff, someone will scream "class warfare" as a defense.

 

[Ab_Normal]

Even the 'sporting' garbage wouldn't hold up to Md. law since we can used pretty much any firearm (except full auto) and any size detachable magazine (as long as no more than 8 rounds are loaded).

 

[Mark75H]

If he goes for an import tax/tariff, someone will scream "class warfare" as a defense.

I would hope so, but it DID NOT work with past import tax/tariff EO's decreed by earlier presidents. People just went along ...

 

[Vjornaxx]

 

[Vjornaxx]

NOTE: This video makes no mention of executive orders, but it does give an insight into Gura's views of the second amendment.

 

[SSDD]

I believe it is a safe bet that the 'not taking an EO off of the table' was just tool to point out that he was going to push for it one way or the other. Similar to the idea tossed around about minting a $1,000,000,000,000 (yep trillion) coin. The White House knew they couldn't actually do it for various reasons, but they spent some time hashing out all the details to express to Congress that they are serious about getting it done if they don't.

 

[jpk1md]

Its almost entirely bluster and propaganda

As noted previously by others there's little he can do

If Boener etc al were smart they will let him huff and puff and waste his energy and political capitol and not do a damn thing with any legislation he sends to Congress

Let him stew.

Same with budget demands.

Pass a bill, send it to the Senate and walk away.

If the Senate wants to shut down the gov then so be it......but its Reids refusal to accept a bill that the House passed that will shut down gov.

 

[Blaster229]

Yes, there is very little Obummer can do via EO legally. This is the silver lining because of all the gun laws.

The hitch in the giddy-up: if an unlawful EO is issued.

This.....

http://http://www.politico.com/blogs/on-congress/2013/01/rep-stockman-threatens-obama-impeachment-over-guns-154141.html?hp=r4

 

[zoostation]

Biden is throwing out 17 as being the number of executive actions Obama can/will take.

Not sure if he's serious about that number or just confused it with how many beers he had for lunch.

http://www.politico.com/story/2013/01/biden-guns-executive-actions-86187.html?hp=t2_3

 

[Al Norris]

There is one EO he could get away with... at least it would take 2-3 years to wind its way in the courts. He won't, 'cause it would wake up a lot of folks that are willing to throw EBR's under the bus (again).

David Kopel on EO's

 

[SSDD]

I'm seeing Biden say he has 19 EO options. One of which being using the CDC to conduct national research on guns. If that's not reaching I don't know what is.

 

[Rickman]

I believe the CDC has been slapped down previously for some type of gun related "research". Of course I could be wrong.

 

[Mr H]

There is one EO he could get away with... at least it would take 2-3 years to wind its way in the courts. He won't, 'cause it would wake up a lot of folks that are willing to throw EBR's under the bus (again).

This is a point I've been trying to make for a week or more...

Even an "illegal" EO has the force of law until it's struck down. They are more than willing to take the gains in the interim, for as long as they can drag it out.

"Oh, my... those were already melted down... or shipped to Mexico... we're not sure."

 

[Inigoes]

This is a point I've been trying to make for a week or more...

Even an "illegal" EO has the force of law until it's struck down. They are more than willing to take the gains in the interim, for as long as they can drag it out.

Unless us serfs stand up and be counted...

Isn't that the very reason the 2A was placed in the Bill of Rights?

 

[Mr H]

Unless us serfs stand up and be counted...

Isn't that the very reason the 2A was placed in the Bill of Rights?

And I hope beyond hope that won't be necessary.............

 

[Inigoes]

And I hope beyond hope that won't be necessary.............

I sincerely hope so myself.

Everyone has to ask themselves, are we ruled by laws or by kings? What are you willing to do so you can look at yourself in the mirror with dignity?

I hope I am truly wrong in my interpretation of current events, and hope cooler heads prevail.

Otherwise, it will get ugly real quick when freedom loving people lash out at a tyrannical government.