Biden: Obama Might Use Executive Order to Deal With Guns

There seems to be some disagreement on precisely what an EO could or could not do vis-a-vis firearms regulation. Something to think about: even if a law is found to be unconstitutional or illegal, until it is proved to be that (or a process is started to determine that…usually with an order to suspend enforcement pending further court drama), it is treated as legitimate. So, if an EO came through saying something bad, even if it were illegal and unconstitutional, it would still be the valid until the court challenges start.

 

“The president is going to act,” said Biden, giving some comments to the press before a meeting with victims of gun violence. “There are executives orders, there’s executive action that can be taken. We haven’t decided what that is yet. But we’re compiling it all with the help of the attorney general and the rest of the cabinet members as well as legislative action that we believe is required.”

 

27 thoughts on “Biden: Obama Might Use Executive Order to Deal With Guns

    • That is so clearly outside the text of the statue, that wouldn’t pass the laugh test, even in the most anti-gun court in NY.

      • Actually, the statute includes in the definition of a machine gun any combination of parts that can be used to readily manufacture an automatic weapon. The statute leaves it up to the ATF to determine what “readily manufacture” is.

  1. Divemedic- I bet that he includes pistols also, making them Class 3 weapons.
    Did anyone see whether Home Depot or Lowes sold a lot of PVC pipe today?

  2. I see a lot of keyboard commando’s turning redfaced and banging away- on the keyboard. Though I would not ask I do wonder what the Missus’ and her locals would do if Obungler did try. I also wonder what the local field BATF agents think of this. They are the ones at the tip of the spear. They will have to make a big decision if this comes about. I feel for them (well most of them).

    • The wife’s coworkers may have discussed this. The consensus seems to be that if the confiscation thing happens, it’s going to go something like this:

      *knock knock*
      “Yes?”
      “Hi. Local Police here. Ya have any guns?”
      “Nope.”
      “‘K. Thanks. Have a nice day.”

      • that may now work for people who could lose their professional license if convicted of a felony or other serious crime :-/

      • That’s a scary proposition! This scenario kind of assumes a “wink and a nudge” understanding between the cops and the people getting their doors knocked on. All is fine if the homeowner understands to just say no. But you know there’s going to be plenty of folks who don’t get that memo and just may “go off” at that question being asked. It’s a fubar situation for sure and I don’t wish for any of us to be on either side of this situation. As we say here in Southern California, “Can’t we all just get a long?”

  3. I see a massive win for the GOP in 2014 if an EO is created over any gun issue, if not immediately overturned by SCOTUS, and the destruction of Obamacare in 2015.

    • The GOP needs to get their house in order and educate the public before any win, any time soon. I just have to ask, when was the last time SCOTUS overturned anything immediately? I could see EO used to ban large capacity mags, types of ammo, ammo sales, imports, because these would bot violate 2nd. You have a right to keep and bare your empty rifle.

  4. EOs all about imports (arms and ammo) and maybe background checks (no more private transfers). Probably will avoid the CRAZY PEOPLE DOING MASS SHOOTINGS issue. And will talk about the hunting or something else not related to the 2nd Amnd. Could also make Mosin ammo go way, way up. No matter what; totally sucks. Buy some 8″ PVC…

  5. I wish Biden and his fellow knuckleheads lots of luck if they think EOs will allow them to do what no president has tried to do with them in 200 years. They may as well click their ruby-slippered heels together and wish themselves back in Kansas while they’re at it.

    And things may well be different up yonder with thelocal populace and the wife’s coworkers, but around these parts, anyone coming to front doors to ask about guns won’t be having much conversation. And least nothing that’d be printable or repeatable in polite company.

    People can yack all they want about how history doens’t repeat itself, but it’s noteworthy that there was never any second trip up the Concord Road to go look for weapons after the little foray in April of ’75.

    • This is true. You fill out a form 4473. That form then sits in the dealers file cabinet for twenty years. Unless .gov starts demanding that the shops send in all the 4473′s, that info pretty much just sits there until someone comes looking for it.

  6. Thank you CZ for allying my fears. Couple of other questions – if you purchase at a show, and a background check is run, doesn’t that check indicate that the person is buying a firearm? Again, just curious how much info Washington has on our weapons purchases.

    FYI, the local gun store down here – you are allowed to buy one (1) box / calibre / day. ARs et al, 75% cleaned out. Ammo, same.

  7. Not to be devils advocate CZ, but thats not entirely accurate.
    Im a local cop, and I can run a gun serial number, and it comes back with whoever last purchased the gun from an FFL. This without having to call you asking about that 4473. But if I can run the serial.. then ATF/FBI would appear to have a database with names and serial numbers from those 4473′s.. I would guess that when background checks are called in to the FBI, you fill the database.

    • ATFE only has the information for form 4473′s that were sent in in conjunction with a business closing, as I understand. When an FFL closes shop, all the 4473′s are sent in and then ATF goes to work on them. But if the gun shop is still in business the info on who purchased the gun sits there until someone comes for it. I’ve been selling guns for over ten years and ATFE has never come for any of the forms..which means if you bought a pistol from me back in , say , 2005 that information about who bought it is unknown to the feds until they send someone buy to say “Hey, who bought Kimber #abc123?”. The background checks dont ask for serial number info…so while ATF could say that you bought a gun on 1/10/13 because theres a NCIC check on record, they have no idea what you bought unless they go to the dealer and ask.

      • do you think many gun store owners would obey an order to submit all such forms, if it were widely suspected that their collection was a prelude to gun confiscation?

        • If you believe that a person would trade their livelihood to defy that sort of thing, then really the question wouldnt be if the gun store owner would refuse to cooperate but rather if the people pressed into doing the confiscation would refuse to cooperate.

          • I’ve heard comments from prior service military gun shop owners that mysterious fires may occur if mass record requests happen. No, I don’t expect many places to do this but accidents to happen.

            I agree that not many people with an understanding of the real world would want to assist in any sort of mass firearms confiscation. Those that lack said understanding would either learn quickly or cease to be an issue I’d suspect.

            Steelheart

    • Leo,

      Not sure where your an LEO but NCIC only hold recorded serial numbers of stolen firearms and what LEA entered it, nothing more. The trace of a weapon take a lot longer and can only be done through ATF. So as a 25 year current LEO, I would have to disagree with your statement.

  8. Opening move, E.O. stops all interstate shipment, of firearms, and ammo. Next move, E.O. stops all sales of firearms, and ammo by F.F.L’s. E.O. sends feds to gun shops and distribitors and buys invintories. Game over, what comes next?

  9. The next logical question is:

    knock knock
    “Yes?”
    “We have records that you purchased a firearm in 2008, its on the banned list and we are here to collect it”
    “Um, I sold it last year. Private sale, sorry”

    What happens next?

  10. Keep in mind also that your local county sheriff is the highest law official in your area. His order superceeds any federal mandate. If he wanted to, he could shut down any gun confiscation from Barry’s goons. So, hopefully you have elected a constitution loving sheriff in your area.

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