Are Obama's new gun regs Executive Orders, or Executive actions?

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  • Redneckbuckeye

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    Are Obama's new gun regulations Executive Orders, or Executive actions? I have seen it described as both in the media and before the media said it was a EO and it was a EA. The importance of which it is, is can not be under stated. Some info I pulled from uspolitics.about.com concerning the differences.

    "Executive actions are any informal proposals or moves by the president. The term executive action itself is vague and can be used to describe almost anything the president calls on Congress or his administration to do.

    But most executive actions carry no legal weight. Those that do actually set policy can be invalidated by the courts or undone by legislation passed by Congress.
    The terms executive action and executive order are not interchangeable. Executive orders are legally binding and published in the Federal Register, though they also can be reversed by the courts and Congress.
    A good way to think of executive actions is a wish list of policies the president would like to see enacted.



    When Executive Actions Are Used Instead of Executive Orders

    Presidents favor the use of nonbinding executive actions when the issue is controversial or sensitive. For example, Obama carefully weighed his use of executive actions on gun violence and decided against issuing legal mandates via executive orders, which would have gone against the legislative intent of Congress and risked enraging lawmakers of both parties."

    Shortly after his second term began he signed 23 EA on guns, nothing more than toothless feel good action to appease the anti gun crowd, are we again going to see the same EA or a more binding EO?
     

    IndyDave1776

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    Good question. Another question worth considering, for which I do not have a answer, is in the case of an EA, will it in practice be treated as an EO even without the same legal standing. After all, the Kenyan doesn't seem to feel much of an obligation to follow any law but his own.
     

    Tombs

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    It would have been illegal for him to make these changes through executive orders.

    This is why he used executive action to induce a rule change.
     

    Tombs

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    Fox News is reporting them as executive actions which carry no weight by law. Basically a wish list of stuff he wants to see congress address and pass.

    Fox news is clueless.

    He's advising these agencies to make rule changes. No different from when the ATF tried to ban M855 through a rule change. It wouldn't "carry the weight of law" it would simply be prohibited under existing law.
     

    Leo

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    Did anyone catch the part that "criminals are using NFA trusts to get guns?" Like a criminal would dance through all the hoops it takes to accomplish an NFA trust. Not to mention all that paperwork gets federal inspection and investingation. Isn't all that federal oversight what we are supposed to be confident in as federal mandates force us to feed, clothe, and give up our rights to babysit islamic invaders.
     

    KG1

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    Did anyone catch the part that "criminals are using NFA trusts to get guns?" Like a criminal would dance through all the hoops it takes to accomplish an NFA trust. Not to mention all that paperwork gets federal inspection and investingation. Isn't all that federal oversight what we are supposed to be confident in as federal mandates force us to feed, clothe, and give up our rights to babysit islamic invaders.
    He could mean that everyone who would use an NFA trust to get guns are criminals.
     

    lionhunt64

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    Did anyone catch the part that "criminals are using NFA trusts to get guns?" Like a criminal would dance through all the hoops it takes to accomplish an NFA trust. Not to mention all that paperwork gets federal inspection and investingation. Isn't all that federal oversight what we are supposed to be confident in as federal mandates force us to feed, clothe, and give up our rights to babysit islamic invaders.
    I thought when BHO released all those criminals , they automatically received NFA trusts, EBT cards and cell phones
     

    mik1202002

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    Dropped the CNN transcript to word to find exactly where it was but does this confirm these are actions and not orders? (If you trust BHO)


    "COOPER: ... 200 more -- but even if you hired 200 more, you'll get it to what it was right before you took office.
    OBAMA: Absolutely. Well, look. First of all, there are a whole bunch of responsible gun dealers out there, and my hope would be that those gun dealers would support making sure that everybody is following the same rules that they are. That's number one.
    Number two is we're not writing a new law. Only Congress can do that. This is about enforcing existing laws, and closing what has grown into a massive loophole where a huge percentage of -- of guns, many of whom end up being traced to crime, are not going through the responsible gun dealers, but are going through irresponsible folks, who are not registered as doing business.
    And the whole goal here is to clarify, and to put on notice that, if you're a business, even if you don't have bricks and mortar, then you're supposed to register and you're supposed to conduct background checks."

    Guns in America town hall with Obama transcript (full text) - CNNPolitics.com
     
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    AA&E

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    Dropped the CNN transcript to word to find exactly where it was but does this confirm these are actions and not orders? (If you trust BHO)


    "COOPER: ... 200 more -- but even if you hired 200 more, you'll get it to what it was right before you took office.
    OBAMA: Absolutely. Well, look. First of all, there are a whole bunch of responsible gun dealers out there, and my hope would be that those gun dealers would support making sure that everybody is following the same rules that they are. That's number one.
    Number two is we're not writing a new law. Only Congress can do that. This is about enforcing existing laws, and closing what has grown into a massive loophole where a huge percentage of -- of guns, many of whom end up being traced to crime, are not going through the responsible gun dealers, but are going through irresponsible folks, who are not registered as doing business.
    And the whole goal here is to clarify, and to put on notice that, if you're a business, even if you don't have bricks and mortar, then you're supposed to register and you're supposed to conduct background checks."

    Guns in America town hall with Obama transcript (full text) - CNNPolitics.com

    So... it sounds as if he is doing primarily what the NRA begged him to do earlier this year. ENFORCE EXISTING LAW. I'd surprised to see this impact crime in any significant way, but suspect the increased burden on law-abiding citizens to multiply.
     
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