Peter King, Boxer, McCarthy & Lautenberg GUN CONTROL...UPDATED 3rd time..

[Heavy Metal]

A ban on mags may not pass the House, but couldn't it come about by Obama signing an Executive Order?

No, executive orders do not work that way.

[Heavy Metal]

I dont think that even Obama would be willing to do this. He would put his reputation at too much risk, and would also shatter any doubt that he intends to act as a dictator rather than the President. Besides, he's got bigger fish in the fryer at the moment.

Obama isn't going to be given the opportunity. I swear, people. WE WON! WE WON BIG! WE HAVE AN OVERWHELMING ADVANTAGE IN THE HOUSE AND A SIGNIFICANT PRO-GUN MAJOITY IN THE SENATE! THE MOST PRO-GUN HOUSE EVER AND THE MOST A-RATED SENATORS EVER! 50 OF THEM! HALF THE SENATE IS A-RATED! THIS HOUSE AND SENATE ARE OUR WET DREAM COME TRUE FROM A PRO-GUN PERSPECTIVE!

Call your rep and senators, tell them you oppose this crap strongly and stop worrying about it. You are more likely to be struck by lightning than this passing into law. This isn't merely uphill, it is like up a cliff. Ridiculously improabable.

[Heavy Metal]

To add one other point: Has anyone beides me noticed the complete lack of alarm on the part of the NRA?

Think they may know something?

[recon]

The NRA I'm sure is just watching this. They know like most of us it's not going to happen at all! Sure the morons will bring up there bills but that's it! Heavy Metal I totally agree with your statements!

[ALCOAR]

Easy....Canada

[BrianS]

To add one other point: Has anyone beides me noticed the complete lack of alarm on the part of the NRA?

Think they may know something?

Yeah like the fact that this kind of law couldn't pass when the Democrats controlled both houses of Congress and sure as Hell won't pass with Republican control of the House.

Now I’m not saying that these sensible gun laws would have stopped this killer...

If that is the case how the heck are they sensible? Last time I checked criminal statutes were meant to punish or deter crime... and this law would admittedly accomplish nothing.

[mhanna91]

No, executive orders do not work that way.

From my understanding, executive orders can work any damn way the president wants them to.

[chadbag]

A ban on mags may not pass the House, but couldn't it come about by Obama signing an Executive Order?

Executive Orders are orders to the Executive branch. They are not law. They can screw things up that way in a lot of regards though.

[Belmont31R]

From my understanding, executive orders can work any damn way the president wants them to.

No. Executive orders are the presidents way of enforcing CURRENT law or exercising executive authority.



They cannot be used to make up new laws or enforce anything not already under their control. So a president cannot make up a new law all by himself. They are not even considered laws. They are just enforcement acts or powers that already exist.


Now Congress can give up regulatory authority like they have done with the ATF where Congress has given the ATF authority to interpret the law. However its still up to a court to decide the real legality of something. Like if the ATF said tomorrow all AR's are machine guns because they can readily be made into a machine gun they could bring charges against someone through Federal prosecutors but it would still have to go through the court system. Part of the checks and balances.


Sorta the same thing with the ban on new Gulf oil drilling. Congress has given the EPA broad authority to regulate environmental issues, and thus the president can use that granted regulatory authority to enact a ban. Sometimes Congress doesn't make smart choices, and gives the executive powers that can be tyrannical in nature if abused. Congress can always pass a new law rescinding that granted authority or the courts can rule against the executive.


While we don't have a perfect system we actually do have a lot of protections against abuse. When things go wrong is when the different parts of government are in collusion with each other like having a bunch of die hard liberals in the courts who ignore the Constitution and push their agenda. Congress and the executive tend to be in bed together when you get to like parties in charge. That is where we come in and fix that at the voting booth if people get out of hand. In the past there have been wars between the branches of government like FDR's 'war on the court'. Unfortunately the people voted him back into office 4 times and that war on the court led to a pretty statist SCOTUS for a long time. I am usually more worried about who is on the court than who is in charge of the senate. Laws can be overturned by a new Congress but SCOTUS rulings tend to stick around for a long time, and are the supreme law of the land.


But theres no granted authority to the executive to regulate magazine capacity since the AWB expired.

[Heavy Metal]

From my understanding, executive orders can work any damn way the president wants them to.

Your understanding is severly flawed. There has to be an underlying law to base an EO on. "Making shit up" would constitute an order to commit a felony and be an intstant, cut and dried, impeachable offense.

If your interpretation was right, that would make the President a dictator and Congress superfluous.