Executive Order AWB and or CCW Ban?

[Dmack_901]

An executive order would not cut it. The president simply does not have the authority. But an Executive Agreement on the other hand might be able to. Take a look at Belmont v. US and US v. Pink. They say some astounding stuff... Like the president's foreign affairs powers do not depend of an affirmative grant by congress or even the Constitution, and that his agreements are law.. even domestically. Of course IANAL, and not that I think about it I don't think my Con-Law professor is either, but a Phd in Gov.

[Gunsby_Blazen]

the president alone hasn't that much power
which is a good thing, unfortunately the legislative and the executive will be in cahoots...

[AntiqueCollector]

If the NPS regs are changed in our favor, he could by executive order overturn the changes, maybe even change the rules on national forest and BLM lands too. He could have the ATF enforce rules much stricter or narrowly than currently and have more guns declared non-"sporting" for purposes of the GCA and NFA. Have the Gun Free School Zone Act strictly enforced. Lots of things he could do to make us miserable.

[everallm]

Yes, if the incoming administration wants to get in a loud, public and ultimately politically expensive p**sing match they can try and use an EO to poke at 2A.

It would also end up with

A lot of constituents screaming at their Senator and Congressman demanding to know why the hell they are not dealing with REAL bread and butter issues

A challenge that eventually will wind its way to the SC which could lay serious restrictions around just what a president can do with an EO

Neither of these is what "The Change Presidency" wants to see.

[Grayrider]

There is considerable rumbling within the firearms industry concerning Obama using EOs to interfere with imports of firearms and ammunition. I expect he would have very little difficulty doing so. There are simply too many opportunities to do this. It does not have to be complete prohibition. He can simply order the relevant alphabet soup of agencies who may in some way be involved in the importation process to make it as complex, time consuming, and expensive as possible. Then the vendor's only remedy is to sue, and the U.S. Government has very deep pockets. DSA experienced this under the present administration when trying to import FALs with barrels that had already been approved for import before the barrel ban. After hundreds of thousands of dollars, we gave up and destroyed beautiful new STG barrels as mandated without any true legislative basis.

John

[The Rabbi]

And the purpose of doing that would be, what exactly?
The new administration needs to make victories and avoid protracted issues. Gun control of any kind falls into the latter category.
People act like Obama has some irrational hatred of guns that will make him do things contrary to his own political interest. It isn't so.

[TEDDY]

that would make a case for SCOTUS to amplify on the second.as is there are several 2nd cases headed for the suprems.

[dmftoy1]

What if he took a page out of Bill Clinton's book and just cranked the FFL License renewal fees up to say 3-4k . ..that would put a pretty serious dent in the industry I'd think.

I know when bubba did it it forced myself and alot of smaller guys out of the loop.

[SDDL-UP]

Nitrogen,

The problem is that liberal leadership wants to ban guns!

[Larry E]

Judges appointed by Obama will be running the Federal Courts in a short time, and judges as we can see if we watch the news seem to think that they're God's gift to the law and people. They're ever so much smarter than the people, and feel that it's their obligation to show us the correct path. They'll do whatever they darned well please, and if we don't like it we can go tell someone who really cares. Law? We say what the law is fella!

The part of the 10th Amendment that says that everything not covered in the Constitution is left to the people and states is just words after all. Isn't it?

[orionengnr]

"I think that he feels like he has a real mandate for change."

Yes, and that feeling of invincibility is what is most likely to lead them (and us) to grief.

[Paul47]

Paranoid fantasizing, guys.

That little snipped of verbiage in the first post (where's the link?) said he was going to undo Bush executive orders. Normally this would be a good thing since these all tend to be very unconstitutional.

Now, if Bush had spent his time making life easier for gun owners, via executive orders, I might be concerned. But he did the reverse.

The sky may be falling, but this particular item is not evidence of it.

Oh, and whether Obama issues his own - is this news?

[Caimlas]

Neither. However, do expect to see an EO banning the importation of firearms, firearm related accessories, and, of course, ammunition. No more Wolf, Privi, IMI, Bear, or any of the other "cheap" ammo to feet our ARs and AKs.

[Caimlas]

People act like Obama has some irrational hatred of guns that will make him do things contrary to his own political interest. It isn't so.

No, I don't think anyone thinks that. What I've seen expressed, and what I believe to be true, is that he, as a Marxist with totalitarian tendencies, has a rational fear of guns. Which is pretty much why governments themselves tend to be pretty fond of banning them.

[AJumbo]

It would not surprise me to see The Messiah issue an EO- let's call them what they'll REALLY be, Fatwas- directed at ammo or peripherals simply because he can. He might even try to issue a Fatwa against firearms because he THINKS he can, and because he views his 1% victory as a mandate, AND because every POTUS with anti-gun tendencies so far has been smart enough not to put his head on the block that way.