I must be misinformed

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  • BehindBlueI's

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    I don't think Obama will use the power of the Executive Order to enact new gun laws, I surely believe it is within his power to do so.

    It is not within the power of an Executive Order. Executive Orders do not create new laws whole cloth. See SCOTUS decision "Youngstown Sheet & Tube Co. v. Sawyer"

    They can only modify the enforcement of existing laws or deal with the operations of executive offices and functions. For example, you could use an Executive order to stay the deportation of illegals who haven't committed any other crime or to close executive offices for Christmas eve.

    If an executive order could just create a new law, why bother with Congress at all? It defies a basic understanding of checks and balances.

    Somewhere on the forum, I've previously posted a link to all of the executive orders recorded in US history. One of the first surviving ones is an order on how to conduct the state funeral of Thomas Jefferson.
     

    Beemer

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    Mar 27, 2011
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    I do not post a lot of statements on this forum. I mostly poke around and enjoy the tremendous amount of knowledge that is here and I thank the senior members for that! However, it does seem interesting to me, that many of the extreme views on this topic are coming from people with relatively few posts. I mean no disrespect to any low posters, I am one of them. I am only saying that it seems as people who have been posting on this forum for a long time seem to think that this is more hype than truth, like they have seen it before. I certainly have only heard rumors about what is going to happen and yes it seems that everyone is buying up everything they can.
    Anyway, lets hope for a good new year, a fast stop to this hysteria and prices to go down so that we can afford to go out and shoot again!
     

    jbombelli

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    TopDog

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    Given the number of backorders on EVERYTHING, I would say 110% is a conservative figure.

    But the panic buying going on ought to tip off the grabbers that a ban will not be met with favor in the US.

    Tip them off? The phenomenal increase in gun sales since 2008 has only infuriated them. The increase in gun sales only makes the anti's more afraid. Because it demonstrates they dont have control.
     
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    BehindBlueI's

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    Let's go back in time to 1989. Read these two articles, and tell me how Obama would be prevented from banning the importation of ammo, parts kits and magazines. IF an administration can ban by fiat the importation of one thing, they can ban the importation of another.

    U.S. BANS IMPORTS OF ASSAULT RIFLES IN SHIFT BY BUSH - NYTimes.com

    Import Ban on Assault Rifles Becomes Permanent - NYTimes.com

    Well, let's read the article you posted. He didn't ban import by fiat, he used an existing law.

    "The ban was taken under a provision of the Gun Control Act of 1968 that permits the importation of foreign-made weapons for civilian sale only when they are ''generally recognized as particularly suitable for, or readily adaptable to sporting purposes.''

    It neither created a new law nor banned the possession of anything, simply the import of items as already authorized by Congress decades before.
     

    jbombelli

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    Well, let's read the article you posted. He didn't ban import by fiat, he used an existing law.

    "The ban was taken under a provision of the Gun Control Act of 1968 that permits the importation of foreign-made weapons for civilian sale only when they are ''generally recognized as particularly suitable for, or readily adaptable to sporting purposes.''

    It neither created a new law nor banned the possession of anything, simply the import of items as already authorized by Congress decades before.


    He used an existing law to make illegal something that wasn't illegal under that law before, did he not? Now, how would Obama be prevented from continuing on in that same frame of thought to ban the importation of parts kits, magazines and ammunition? Or anything else he wants that's not made in America?
     

    BehindBlueI's

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    He used an existing law to make illegal something that wasn't illegal under that law before, did he not? Now, how would Obama be prevented from continuing on in that same frame of thought to ban the importation of parts kits, magazines and ammunition? Or anything else he wants that's not made in America?

    The act of 1968 banned the import of non-sporting firearms. Deciding if a particular weapon is sporting vs non-sporting is not the same as simply saying "no more importing of ammo". The executive branch has the ability, under the 1968 act, to decide what is a sporting weapon and what is not within the set guidelines. They do not have the ability to simply say "no new magazines" etc.
     

    Bunnykid68

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    Cave of Caerbannog
    That is hardly fair, nor is it accurate.
    The President cannot just "bypass" congress or the senate. In fact, of the checks and balances, the President has the most stringent, with only "state of emergency" and "acts of war" being in his purview. As for those being abused, well, you can thank Bush (Sr. and Jr.) for expanding those loopholes so that Obama could exploit them.

    The irony of the President trying to use the "act of war" clause to limit gun rights is almost funny, in that it brings a tear to my eye.

    Personally, I think it is just political blowhardery - everyone wants to look progressive and not at fault. Hell, even the NRA had a rather moderate response considering their normal tone, for which I was thankful; at times, they come off as hard-nosed dicks during some of these tragedies.

    So, lots of talk, maybe a token measure to keep those who are afraid of everything from having aneurysm, then the hysteria can subside (hopefully) and prices on the guns we love can return to normal.

    As for Obamacare, hopefully one of the benefits it *might* have is getting people who need attention or treatment before someone else does something as moronic or tragic as the shooting in CT.
    Because if that happens too many more times, there *will* be a ban of some type on guns passed through the senate and congress and the President, regardless of which party he is, will have to sign it. Even the NRA will have to become more moderate to avoid that sort of backlash, and that is where I think the true erosion of our gun rights will happen.
    Heck, there have been more gun favorable bills passed by Obama than Bush Jr. so that CC is allowable in a couple states it wasn't before.

    Here's hoping a new year brings us cooler heads and some perspective so everyone can get back to living.
    Happy Holidays!
    Obama passed nothing favorable concerning guns, individual States did that.
     

    Libertarian01

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    Jan 12, 2009
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    To All,

    Let us not forget that by putting Vice President Joe Biden in charge it is more likely that something will get pushed through!

    VP Biden served in the Senate for over 30 years. He was in through Nixon, Ford, Carter, Reagan, Bush, Clinton, and Bush II. This is a guy that probably knows every other Senator by name, knows every lobbyist, knows the elders of the House on a first name basis, and knows where a dozen skeletons are buried.

    I am not saying anything is guaranteed. What I am saying is the probability of something happening is higher with VP Biden pushing it than Pres Obama.

    Regards,

    Doug
     

    dreich

    Plinker
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    4   0   0
    Dec 18, 2012
    50
    6
    Anderson area
    This issue will work like many commodities, high price creates over production and eventually oversupply and prices will drop, the law of supply and demand. Should settle down in next 6-12 months and bargains may follow. Just my 2 cents worth. ;)
     

    Rev

    Plinker
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    0   0   0
    Apr 2, 2012
    20
    1
    Obama and Mandatory Waiting Periods
    Barack Obama supports mandatory waiting periods.

    Independent Voters of Illinois/Independent Precinct Organization general candidate questionnaire, Sept. 9, 1996. The responses on this survey were described in "Obama had greater role on liberal survey," Politico, March 31, 2008.*
    *

    Obama and Ammunition Micro-stamping
    Barack Obama supports mandatory micro-stamping.

    Chicago Tribune blogs, "Barack Obama: NIU Shootings call for action," February 15, 2008,

    Obama and ammunition magazines
    Barack Obama favors a ban on standard capacity magazines.

    "Clinton, Edwards, Obama on gun control," Radio Iowa, Sunday, April 22, 2007.

    Obama and Firearms Owners Identification Cards
    Barack Obama voted against a measure to lower the Firearms Owners Identification card age minimum from 21 to 18, a measure designed to assist young people in the military.

    Illinois Senate, March 25, 2003, SB 2163, vote 18.

    Gun Owner Privacy
    Barack Obama voted not to notify gun owners when the state of Illinois did records searches on them.

    Illinois Senate, May 5, 2002, SB 1936 Con., vote 26.

    Obama Wants to Ban Gun Shops
    Barack Obama supported a proposal to ban gun stores within 5 miles of a school or park, which would eliminate almost every gun store in America.

    Chicago Defender, Dec. 13, 1999

    Obama and the Leftwing Joyce Foundation
    Barack Obama was a member of the Board of Directors of the Joyce Foundation, the leading source of funds for anti-gun organizations and "research."

    1998 Joyce Foundation Annual Report, p. 7.

    Obama Supports Local Restrictions on Your Gun Rights
    Obama supports local gun bans in Chicago, Washington, DC, and other cities.

    "Obama: 'Common Sense Regulation' On Gun Owners' Rights," ABC News' "Political Radar" Blog, ABC News Blogs & Posts, 2/15/08.

    Supreme Court
    Obama voted against the confirmation of Chief Justice John Roberts and Justice Samuel Alito, two of the five Justices who affirmed an individual right to keep and bear arms in the landmark Heller case.

    Handgun Ban
    Obama endorsed a complete ban on all handguns. Independent Voters of Illinois/Independent Precinct Organization general candidate questionnaire, 9/9/96

    Politco, 3/31/08

    Gun Rationing
    Obama voted in favor of legislation to prohibit law-abiding individuals from purchasing more than one gun a month. Illinois Senate, H.B. 2579, 5/16/03

    Obama and Self-Defense
    Obama opposes law that permits law-abiding citizens to carry firearms for self-defense. Pittsburgh Tribune-Review, 4/2/08 Chicago Tribune, 9/15/04

    Illinois Senate Debate # 3
    Obama has supported banning hundreds of rifles and shotguns commonly used for hunting and sport shooting.
    Illinois Senate Debate # 3:
    Barack Obama vs. Alan Keyes, 10 /21/04
     
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