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National 2nd Amend. Political & Legal Discussion Discuss national gun rights and 2A related political topics here. All advice given is NOT legal counsel.

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Old 03-26-2021, 1:54 PM
Glock21sfsd Glock21sfsd is offline
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Default Executive Orders

Just read this article

https://www.yahoo.com/news/white-hou...180754699.html

My understanding is that executive orders are not laws and hat laws have to be passed by congress and then signed by the P.

So basically Biden signing some gun control Executive orders don't really amount to much.

I am no expert and maybe I am wrong .
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Old 03-26-2021, 2:01 PM
jcwatchdog jcwatchdog is offline
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Depending on what they are, they amount. If Biden said all imports are banned, say goodbye to any guns not made in the US. Glocks made in Austria? Hk Germany. Depending on what he actually did, it could be very bad. However, if Obama didn’t go that far after Sandy Hook, I doubt he would. He actually hasn’t done much. At the press conference yesterday, I think of the hour he spoke, MAYBE if you add in all the time he spoke about guns it would have equaled 4-5 minutes before be pivoted to other things that had nothing to do with guns.

He campaigned that “day 1” he would enact EO on guns, were on day 60 something and nothing at all. That’s why so many gun groups are ticked off at him.
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Old 03-26-2021, 3:03 PM
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Default

Quote:
Originally Posted by Glock21sfsd View Post
Just read this article

https://www.yahoo.com/news/white-hou...180754699.html

My understanding is that executive orders are not laws and hat laws have to be passed by congress and then signed by the P.

So basically Biden signing some gun control Executive orders don't really amount to much.

I am no expert and maybe I am wrong .
You're correct in that Executive Orders are not laws. Executive Orders are orders from the President to persons subject to the President's orders that direct them to do a particular thing, or not to do a particular thing.

Private citizen's are not subject to the President's orders.

But the President can still do a lot of damage via Executive Order. They can be used to withhold government services, and to interpret existing laws to the detriment of particular groups.
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Old 03-26-2021, 7:10 PM
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TrappedinCalifornia TrappedinCalifornia is offline
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Quote:
Originally Posted by Glock21sfsd View Post
Just read this article

https://www.yahoo.com/news/white-hou...180754699.html

My understanding is that executive orders are not laws and hat laws have to be passed by congress and then signed by the P.

So basically Biden signing some gun control Executive orders don't really amount to much.

I am no expert and maybe I am wrong .
Part of the discussion depends on what it is he actually 'issues' ... Executive action vs. executive order: What's the difference?

Quote:
...Executive orders are published in the Federal Register and are legally binding. They give presidents the power to create unilateral directives, though they can be overturned if a court rules they’re unconstitutional. Executive orders remain in place until rescinded or modified by a president, reversed by a court or nullified by legislation.

Executive actions, by contrast, bear little weight. They’re not published in the Federal Register and aren’t subject to legal review. But these so-called threats-to-orders often draw reactions as sharp as the responses to orders themselves...
Now... Executive Orders 101: What are they and how do Presidents use them?

Quote:
...An executive order is a directive from the President that has much of the same power as a federal law...

The constitutional basis for the executive order is the President’s broad power to issue executive directives. According to the Congressional Research Service, there is no direct “definition of executive orders, presidential memoranda, and proclamations in the U.S. Constitution, there is, likewise, no specific provision authorizing their issuance.”...

While an executive order can have the same effect as a federal law under certain circumstances, Congress can pass a new law to override an executive order, subject to a presidential veto...
Ignoring the seeming 'inconsistency' between "has much the same power" and "can have the same effect" (for the moment), in the piece linked to in that quote, it states...

Quote:
...Executive orders are one vehicle of many through which the President may exercise his authority. While the President’s ability to use executive orders as a means of implementing presidential power has been established as a matter of law and practice, it is equally well established that the substance of an executive order, including any requirements or prohibitions, may have the force and effect of law only if the presidential action is based on power vested in the President by the U.S. Constitution or delegated to the President by Congress. The President’s authority to issue executive orders does not include a grant of power to implement policy decisions that are not otherwise authorized by law. Indeed, an executive order that implements a policy in direct contradiction to the law will be without legal effect unless the order can be justified as an exercise of the President’s exclusive and independent constitutional authority...
With something like bump stocks, this is why Dianne Feinstein herself specifically warned Trump that it needed to go through the Legislature, not be via Executive Order or Action, in that, as we know, ATF had, several times, declared that they did not meet the definition in existing law and, thereby, the law itself would need to be changed; something outside the Constitutional authority of the Executive Branch. Otherwise, it would be 'vulnerable' in Court. But, that hints at another aspect.

When it comes to having "much the same power" and "can have the same effect," such expressions allude to the idea of who voluntarily/involuntarily follows the order, what the 'interpretation' of the order is in the context of implementation, how much time is involved in legal challenges, and what the result of those challenge(s) is/are. Again, as we are seeing with the bump stock ban, the Courts are not 'helping us' in terms of negating the order and the Legislature doesn't appear interested in going down the rabbit hole of Executive vs. Legislative authority/power over 'bump stocks.'

Likewise, this is part of why you see much debate regarding sanctuary cities/counties/states, the power of sheriffs and who they 'answer' to, and a number of other issues. It becomes an issue of enforcement and the leverage a President, via the Executive Branch, has to 'compel' enforcement; which, I believe, is a big part of what the previous posters were getting at.

Last edited by TrappedinCalifornia; 03-26-2021 at 7:13 PM..
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