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Executive Orders for Gun Control: From Bidens Mouth; Biden Committee

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  • chiselchst
    Very Nice Honey Badger
    CGN Contributor - Lifetime
    • Oct 2008
    • 2025

    Executive Orders for Gun Control: From Bidens Mouth; Biden Committee

    In my reading of the 2A forum, and after searching I haven't seen "executive action" discussed much, if at all.

    I'm not the type to speculate too much or panic, and I've avoided - and do not subscribe to the many extreme fears many folks have regarding *possible* future situations. And I don't mean to stir the fear pot here..

    But I am trying to understand exactly what can be done by executive power?

    "Obama has vowed to move swiftly on the recommendations, a package expected to include both legislative proposals and executive action."

    I know speculation and hypothetical situations are not worth getting too excited about, but what might realistically be attempted, or done, using executive action?
    Dropping in to provide an anchor for the discussion - I'll post a ref to an updated first post.

    We need a basic understanding of 'executive orders', and I'm going to steal most of this page: http://usgovinfo.about.com/od/thepre...ive-Orders.htm


    A presidential executive order (EO) is a directive issued to federal agencies, department heads, or other federal employees by the President of the United States under his statutory or constitutional powers.

    In many ways, presidential executive orders are similar to written orders, or instructions issued by the president of a corporation to its department heads or directors.

    Thirty days after being published in the Federal Register, executive orders become law. While they do bypass the U.S. Congress and the standard legislative law making process, no part of an executive order may direct the agencies to conduct illegal or unconstitutional activities.

    ...

    Reasons for Issuing Executive Orders

    Presidents typically issue executive orders for one of these purposes:

    1. Operational management of the executive branch
    2. Operational management of federal agencies or officials
    3. To carry out statutory or constitutional presidential responsibilities

    ...

    Can Executive Orders be Overridden or Withdrawn?

    The president can amend or retract an executive at any time. The president may also issue an executive order superseding an existing one. New incoming presidents may choose to retain the executive orders issued by their predecessors, replace them with new ones of their own, or revoke the old ones completely. In extreme cases, Congress may pass a law that alters an executive order, and they can be declared unconstitutional and vacated by the Supreme Court.

    ...

    Constitutional Authority for Executive Orders

    Article II, section 1 of the U.S. Constitution reads, in part, "The executive power shall be vested in a president of the United States of America." And, Article II, section 3 asserts that, "The President shall take care that the laws be faithfully executed..." Since the Constitution does not specifically define executive power, critics of executive orders argue that these two passages do not imply constitutional authority. But, Presidents of the United States since George Washington have argued that they do and have used them accordingly.
    // Librarian
    Last edited by Librarian; 01-09-2013, 6:53 PM.
    My Opinion - Worth What You Paid For It...

    DO NOT Use Amazon Smile! Use Shop42A.com
    Originally posted by FremontJames
    I guess it depends on what your definition of law breaking is.
    Originally posted by Librarian
    Here, let me Google that for you ... :)

    No, no, that would be cruel.
  • #2
    Kopis
    Member
    • Jan 2013
    • 450

    Congress can prevent an EO, they just did it when Obama signed an EO to unfreeze government salaries.

    Comment

    • #3
      OleCuss
      Calguns Addict
      • Jun 2009
      • 7935

      Obama has apparently been considering telling the BATFE to re-classify semi-automatics as automatic weapons under the NFA - effectively banning them. And yes, I'm playing a little loose with the terminology and I'm no legal expert so maybe it's not the NFA - but I think it is.

      I think you will see Obama push very hard in the UN for sweeping gun bans and then (if he thinks he can get away with it) try to impose those bans here in the US even without ratification.

      You'll see more of the nonsense he has imposed on the so-called "border states".

      You may see him interfere with the NICS to slow down background checks.

      I don't think anyone has the full list, but expect it to be as extensive as he can possibly make it. And remember that Obama has effectively no accountability - he doesn't have to run for office and a successful impeachment is so improbable as to be ludicrous.
      CGN's token life-long teetotaling vegetarian. Don't consider anything I post as advice or as anything more than opinion (if even that).

      Comment

      • #4
        Steve1968LS2
        CGN/CGSSA Contributor
        CGN Contributor
        • Feb 2010
        • 9252

        Obama has already proven that he doesn't care about the constitution or using congress the way he supposed to.

        This shouldn't shock anyone..
        Originally posted by tony270
        It's easy to be a keyboard warrior, you would melt like wax in front of me, you wouldn't be able to move your lips.
        Member: Patron member NRA, lifetime member SAF, CRPA

        Comment

        • #5
          Jason_2111
          Veteran Member
          • Jan 2010
          • 3830

          It's a very democrat thing to use the executive order when it's too hard to get their way through normal channels. The amount of EO's that came out of Clinton's administration was astounding.

          I actually don't worry about DiFi and her nutty ideas. To pure politicians like her, winning isn't as important as being seen "doing something" about a problem... even if what they do has no good effect at all.
          What I do worry about is the President pulling an EO out of his hiney and doing something that it will take years to undo in the SCOTUS.
          I also worry about a super majority in Sack-of-mentos, and how long it would take to overturn stupidity passed there.

          Comment

          • #6
            GrizzlyGuy
            Gun Runner to The Stars
            CGN Contributor - Lifetime
            • May 2009
            • 5468

            Just in: Joe Biden on CNN "executive action will be taken"
            Gun law complexity got you down? Get the FAQs, Jack!

            sigpic

            Comment

            • #7
              tcrpe
              I need a LIFE!!
              • Jan 2006
              • 10269

              Been saying it all along. Next up, a slew of new "regulations"
              Originally posted by SilverTauron
              Considering the facts of how easily safes can be defeated, a park bench offers the same amount of protection.
              Originally posted by loose_electron
              PE card? LOL! Any green kid out of engineering school can get that with a few years of experience.

              Comment

              • #8
                Joewy
                Veteran Member
                • Jul 2010
                • 2550

                Originally posted by OleCuss
                Obama has apparently been considering telling the BATFE to re-classify semi-automatics as automatic weapons under the NFA - effectively banning them. And yes, I'm playing a little loose with the terminology and I'm no legal expert so maybe it's not the NFA - but I think it is.

                I think you will see Obama push very hard in the UN for sweeping gun bans and then (if he thinks he can get away with it) try to impose those bans here in the US even without ratification.

                You'll see more of the nonsense he has imposed on the so-called "border states".

                You may see him interfere with the NICS to slow down background checks.

                I don't think anyone has the full list, but expect it to be as extensive as he can possibly make it. And remember that Obama has effectively no accountability - he doesn't have to run for office and a successful impeachment is so improbable as to be ludicrous.
                They cant reclasify a law. It is very specific what is a machine gun. Congress would need to change the law.
                He can interfer with the NICS thou.
                Originally posted by Turbinator
                Hold on bud, Calguns is a privately owned forum, on which we are all guests of the owner. We have no freedom of speech here, period.

                Turby
                Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy.

                Comment

                • #9
                  winnre
                  Calguns Addict
                  • Apr 2010
                  • 9214

                  What about all those folks with certain misdemeanors who all of a sudden found that they could no longer own a gun? What if they change the law so even an arrest makes you ineligible?
                  "If Jesus had a gun he would be alive today"-Homer Simpson

                  Comment

                  • #10
                    Tincon
                    Mortuus Ergo Invictus
                    CGN Contributor - Lifetime
                    • Nov 2012
                    • 5062

                    Originally posted by OleCuss
                    Obama has apparently been considering telling the BATFE to re-classify semi-automatics as automatic weapons under the NFA - effectively banning them.
                    He would clearly be usurping the inherent constitutional powers of the legislative branch in area they have heavily legislated. This would not pass constitutional scrutiny, for this and several other reasons, and I'm not sure it would take years for SCOTUS to act. It would however be a huge mess, and bad for everyone, but ultimately I'm sure it would backfire and actually weaken efforts to ban these guns.
                    My posts may contain general information related to the law, however, THEY ARE NOT LEGAL ADVICE AND I AM NOT A LAWYER. I recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between myself and any other person on the basis of these posts. Pronouns I may use (such as "you" and "your") do NOT refer to any particular person under any circumstance.

                    Comment

                    • #11
                      ENTHUSIAST
                      Veteran Member
                      • Feb 2008
                      • 4440

                      Last time I checked there are more of "We the People" than gun grabbing Politicians and Federal Loyalists.

                      As someone said this aint 1994 anymore the world has changed a bit since then.

                      This will not end well.
                      Last edited by ENTHUSIAST; 01-09-2013, 9:27 AM.

                      Comment

                      • #12
                        domino
                        Member
                        • Jan 2010
                        • 243

                        Originally posted by Jason_2111
                        It's a very democrat thing to use the executive order when it's too hard to get their way through normal channels. The amount of EO's that came out of Clinton's administration was astounding.

                        I actually don't worry about DiFi and her nutty ideas. To pure politicians like her, winning isn't as important as being seen "doing something" about a problem... even if what they do has no good effect at all.
                        What I do worry about is the President pulling an EO out of his hiney and doing something that it will take years to undo in the SCOTUS.
                        I also worry about a super majority in Sack-of-mentos, and how long it would take to overturn stupidity passed there.
                        True that it has been a democratic thing more, but Bush 43 actually signed a lot of them too. Reagan also signed just as many as Clinton did. But Barry has signed close to 150 thus far. They are unconstitutional to say the least. Roosevelt issues over 3,000

                        I like what Ron Paul said about them - he said they are unconstitutional and that if he were even elected then he would sign only one EO and that would be to end future EO's.

                        This is a presidents tool when they dont get their way. Hopefully congress will do the right thing and toss out any EO he tries with gun control policies.
                        I think to date only 2 EO's have ever been overturned by congress. Please correct me if I am wrong about this.

                        Comment

                        • #13
                          domino
                          Member
                          • Jan 2010
                          • 243

                          Originally posted by winnre
                          What about all those folks with certain misdemeanors who all of a sudden found that they could no longer own a gun? What if they change the law so even an arrest makes you ineligible?
                          No offense but DONT BREAK THE LAW. It amazes me that I see these kind of post on here all the time - I had a DUI - I had this when I was younger. I am in my 40's and guess what ? I have never had any run-in with the law at all - ever. I have gotten a traffic ticket before, but I have never broken the law and been arrested. How many people are there that go through their life that never get arrested? A lot of them. I just dont understand it. I am not trying to be a richard here but thats your problem for breaking the law. To me it shows a lack of judgement.

                          If you know it is wrong to drink and drive and you are breaking the law but you do it anyway - isnt this a lapse in judgement?

                          Comment

                          • #14
                            GrizzlyGuy
                            Gun Runner to The Stars
                            CGN Contributor - Lifetime
                            • May 2009
                            • 5468

                            Originally posted by winnre
                            What about all those folks with certain misdemeanors who all of a sudden found that they could no longer own a gun? What if they change the law so even an arrest makes you ineligible?
                            He can't do that via executive order. The federal firearm prohibiting factors (crimes, mental health issues, dishonorable discharges, etc.) are stated in federal law and can only be changed by Congress.

                            I'm having a hard time thinking of anything significant that Obama could do via executive order. Reprioritizing BATFE to focus more on some aspects of the law and their regulations vs. other ones is about it.
                            Gun law complexity got you down? Get the FAQs, Jack!

                            sigpic

                            Comment

                            • #15
                              paul0660
                              In Memoriam
                              • Jul 2007
                              • 15669

                              I have gotten a traffic ticket before, but I have never broken the law
                              And, lots of people don't get ANY tickets, (which IS breaking the law btw).

                              Check out the penal code sometime, it is chockablock with laws to break, some of which you have...........not been caught at.
                              *REMOVE THIS PART BEFORE POSTING*

                              Comment

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