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OutofBatt3ry
11-26-22, 17:58
If I were President, couldn't I just create a mechanism to pardon anyone charged/convicted of an NFA violation, effectively circumventing the NFA altogether?

Drinking thoughts, by OutofBatt3ry
tn1911
11-26-22, 19:21
If I were President, couldn't I just create a mechanism to pardon anyone charged/convicted of an NFA violation, effectively circumventing the NFA altogether?

Drinking thoughts, by OutofBatt3ry

Well, according to the constitutional center the presidents pardon power only has two limits.


The power is granted with only two textual limits: the President may only pardon crimes “against the United States” and may not issue pardons “in Cases of Impeachment.”


President may not preemptively immunize future criminal conduct. In Schick v. Reed, the Court recognized that an exercise of clemency may include any condition which does not otherwise offend the Constitution,

So it seems to me you could pardon anyone ever convicted of an NFA violation without question. You could probably tell (order, via EO?) the ATF and federal prosecutors to simply stop charging people with NFA crimes because you are going to pardon them immediately.
FromMyColdDeadHand
11-26-22, 19:39
I think that under the principle of prosecutorial discretion, he could tell the ATF not to go after NFA violations. At least the Dems have done that on certain things in the past. Hell, the whole dreamers thing is built on that concept.
titsonritz
11-28-22, 16:48
If you're president why not just eliminate it all together?
SteyrAUG
11-28-22, 16:53
If you're president why not just eliminate it all together?

With an EO you can regulate commerce like Bush 41 did with the 89 import ban but you can't create a domestic ban without Congress which is why a bill had to be signed in 34, 68, 86 and 94 after getting through congress.
MegademiC
11-28-22, 18:08
If I were President, couldn't I just create a mechanism to pardon anyone charged/convicted of an NFA violation, effectively circumventing the NFA altogether?

Drinking thoughts, by OutofBatt3ry

Just dismantle and defund the atf, let the states deal with it as they wish.

Do the dea too. They already dont enforce signed law at their will (definition of tyrany), just get rid of it.