Biden hints at executive order

[Bobk]

I do not think you understand how EO works?

POTUS can only EO based on laws Congress has passed that give him specific authority, like to decide whether a gun is sporting use or not.

I agree with Renegade's comments. That's why I posted a couple of historical Executive Orders.

It's possible that he could try and restrict certain types of ammunition based off of its' interpretation of sporting use:

BATFE Taking Comments on "Sporting Purposes" Exemption to "Armor Piercing Ammunition" Law Until Dec. 31

http://www.nraila.org/news-issues/a...mor-piercing-ammunition-law-until-dec-31.aspx


Or He could try and restrict/redefine whether a certain firearm is of sporting use or not. Recent examples to this would be:

8/10/1999 - Bureau of Alcohol, Tobacco and Firearms
IMPORTANT NOTICE
ATF Rulings 94-1 and 94-2 classified three shotguns as destructive devices pursuant to 26 U.S.C., Chapter 53, the National Firearms Act (NFA). These shotguns are the USAS-12, Striker-12, and the Streetsweeper. The NFA requires registration of certain types of firearms such as machineguns, sawed-off rifles, sawed-off shotguns and destructive devices. The NFA defines destructive devices to include shotguns with a bore of more than one-half inch diameter which are not generally recognized as particularly suitable for or readily adaptable to sporting purposes. The Bureau of Alcohol, Tobacco & Firearms (ATF) has determined that these shotguns fall within this definition.
Classifying these weapons as destructive devices under the NFA requires the current possessor to file an ATF Form 1, fingerprint cards, and a current photograph to effect the registration of the firearm. The initial registration is tax exempt. Any subsequent transfer must be approved in advance and would result in transfer tax liability of $200. The possessor must register the weapon as soon as possible after learning of the registration requirement, e.g., within thirty days. Weapons not registered within the allowable time frame are subject to seizure and forfeiture, and the possessor subject to a criminal fine of up to $250,000 or up to 10 years in jail, or both.

STREETSWEEPER - IMPORTANT NOTICE

 

[M. Sage]

They'd have a hard time doing that with rifles.

 

[Younggun]

Especially considering their popularity for coyote/varmint hunting.

 

[GRV]

 

[TX69]

 

[r-gray]

Yeah, impeach him AND the horse he rode in on.

 

[shortround]

If you live in Texas and believe in the Rule of Law, no Federal Gun Control Law will prevail over the Sovereign State of Texas.

The Attorney General of Texas clearly stated that he will not enforce any Federal Law that infringes on the rights of Texas Citizens.

Texas will be among the first States to contest any further restrictions on law abiding citizens to own any firearm considered legal before any Federal ban.

Finally, any quick read of the United States Constitution, does not grant the President the power to impose his will over Congress.

Sadly, the Congress is weak and has allowed the President to usurp their constitutional powers.

Call your Senators and Representatives and tell them oppose all gun control measures.

 

[Younggun]

Do not stop at calling current senators. Make an attempt to sway the less liberal dems(there's a lot of them) and start preparing for the next round of elections. Texas is slowly trending left and we will have to get involved to stop it.

 

[Bobk]

[FONT=&amp]Here's a little bit more on Executive Orders:

"Until 1952, there were no rules or guidelines outlining what the president could or could not do through an executive order. However, the Supreme Court ruled in Youngstown Sheet & Tube Co. v. Sawyer, 343 US 579 (1952) that Executive Order 10340 from President Harry S. Truman placing all steel mills in the country under federal control was invalid because it attempted to make law, rather than clarify or act to further a law put forth by the Congress or the Constitution. Presidents since this decision have generally been careful to cite which specific laws they are acting under when issuing new executive orders."

Executive order - Wikipedia, the free encyclopedia

So we would need to look at what laws Congress has passed that the President could use to justify his Executive Orders. Perhaps the Gun Control Act of 1968?

This is based off of previous Executive Order bans based off of "Sporting Uses" and another piece of history.

Before the "Evil Assault Rifles" became so Evil there was the "Saturday Night Special". I don't know how many people remember them. '"Saturday Night Specials" were inexpensive pistols. The "Saturday Night Special" they attempted to be regulate under the Gun Control Act. "The next major attempt to regulate inexpensive firearms was the Gun Control Act of 1968, which used the "sporting purposes" test and a points system to exclude many small, inexpensive handguns which had been imported from European makers such as Röhm (RG).

Saturday night special - Wikipedia, the free encyclopedia

[/FONT]

 

[Bobk]

My question for the smart guys is this however:

"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."

Presidential Executive Orders – How the President of the United States directs the government agencies through executive orders

 

[Younggun]

That's not a question, lol.

 

[Bobk]

I don't think that we will have to wait long as supposedly, "[FONT=Verdana,Sans-serif]The president hopes to announce his administration's next steps to tackle gun violence shortly after he is sworn in for a second term on Jan. 21."

My Way News - Biden pledges urgent Obama action on gun control

[/FONT]

 

[Renegade]

If you live in Texas and believe in the Rule of Law, no Federal Gun Control Law will prevail over the Sovereign State of Texas.

The Attorney General of Texas clearly stated that he will not enforce any Federal Law that infringes on the rights of Texas Citizens.

Complete chest thumping bullshit. Texas turns over dozens of folks a day to the feds for processing. And I sure do not see the AG doing anything about all the Texas laws designed to enforce Federal Gun laws.

 

[Younggun]

Complete chest thumping bullshit. Texas turns over dozens of folks a day to the feds for processing. And I sure do not see the AG doing anything about all the Texas laws designed to enforce Federal Gun laws.

Examples?

You realize that some gun laws are not bad right? Should someone not be turned over to the Feds for straw purchases?

 

[Renegade]

Should someone not be turned over to the Feds for straw purchases?

Not only should they not be turned over, they should not even be arrested. Straw Purchase is not a crime under Texas law, and Texas LEOS should not be enforcing it. I doubt any Texas LEO is even properly train to spot it, or know the circumstances of what is or is not a Straw Purchase. From what I have seen most FFLs and purchasers sure don't.

 

[Younggun]

So in your view, someone who is caught attempting to purchase a firearm for a felon who is known to have recently been released from prison for murder should just be let go?

 

[Younggun]

And you still have no examples of the "dozens of people" turned over to the Feds daily.

 

[Renegade]

So in your view, someone who is caught attempting to purchase a firearm for a felon who is known to have recently been released from prison for murder should just be let go?

Cite which Texas law is being broken.

 

[Renegade]

And you still have no examples of the "dozens of people" turned over to the Feds daily.

FIPs, illegals, just about any the feds will take.

 

[Younggun]

Cite which Texas law is being broken.

Federal law is broken, why not enforce it. Using my example, why protect them.