Posted on Feb 17, 2015
2nd Amendment 'get around' attempt using executive order?
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So if they can't make laws to take our guns, they are going to use executive order to ban ammunition? This obviously won't make it past the courts, but does this mean that they really want our guns?
I really don't understand why they are trying so hard to take our guns (or ammunition in this case). I would like to paint me as 'paranoid', but they just keep coming, ignoring actual facts and using scare tactics...
I really don't understand why they are trying so hard to take our guns (or ammunition in this case). I would like to paint me as 'paranoid', but they just keep coming, ignoring actual facts and using scare tactics...
2nd Amendment
Politics
Constitution
Posted 10 y ago
Responses: 3
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The thing about executive orders (EO) is their scope.
1) They cannot make law (This Power is reserved to the Legislature)
2) They can be used to clarify existing law.
Generally speaking, EO apply specifically "within" a specific government agency. Think of them like a "policy letter." The President issues an EO to the BATFE regarding how it will handle specific aspects of a law.
Believe it or not, there are not that many Federal Gun laws. There's A LOT of State/Local gun laws, but not many Federal Gun Laws. Ammunition on the other hand falls under a different category than firearms, for most of the laws. How the President would "clarify" those laws is anyone's guess.
However, in DC v Heller, SCOTUS established that "arms" (personal weapons ownership & possession) is a personal Right, not subject to association with a militia. Ammunition is required secondary equipment for the proper function of a firearm.
1) They cannot make law (This Power is reserved to the Legislature)
2) They can be used to clarify existing law.
Generally speaking, EO apply specifically "within" a specific government agency. Think of them like a "policy letter." The President issues an EO to the BATFE regarding how it will handle specific aspects of a law.
Believe it or not, there are not that many Federal Gun laws. There's A LOT of State/Local gun laws, but not many Federal Gun Laws. Ammunition on the other hand falls under a different category than firearms, for most of the laws. How the President would "clarify" those laws is anyone's guess.
However, in DC v Heller, SCOTUS established that "arms" (personal weapons ownership & possession) is a personal Right, not subject to association with a militia. Ammunition is required secondary equipment for the proper function of a firearm.
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I own guns and enjoy shooting them, so while I may see the sense in some improvements to laws currently on the books, I don't see any real need for new gun laws. That said, I'm constantly hearing speculation about how Obama wants to take away peoples guns... what I don't ever see is any real evidence that this could happen or even that Obama wants to make this happen.
I enjoy a good conspiracy theory as much as the next guy, however I have yet to see anything that doesn't cause me to roll my eyes and wish these people understood how to present a real argument.
I enjoy a good conspiracy theory as much as the next guy, however I have yet to see anything that doesn't cause me to roll my eyes and wish these people understood how to present a real argument.
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