A new AWB requires Congressional approval, right?

[Deep13]

There is nothing in the expired ban that lets a president unilaterally ressurect it. Am I right in thinking that is the case?

The reason I am asking is because the local dealer is telling everyone that Obama has promised to reinstate the AWB by executive order. It sounds like bullshit, but I want to ask if anyone has information that it is actually true or not.

[davepc]

1. Yes. He's president, not dictator.

The worst he could do by himself is lean on the ATF to more strictly interpret existing legislation, like the "sporting purpose" clause of current gun control legislation.

[Deep13]

5. So nothing in the old law authorizes its resurrection?

I didn't think so, but that would be a way for it to happen if it were true.

[slackmaster]

6. The expired law has no provision for bringing it back to life

It's just plain dead.

Bringing it back as-is would make no sense anyway, because it contains a specific implementation date and sunset period which are now both far in the past.

[davepc]

2. dupe

dupe

[jody]

3. Given that Dubya used executive orders to abuse our constitutional rights, Obama could also and I

believe that is the question you posed.

We the People expect Congress to prevent such abuses and that's why every bill to appropriate money must originate in the House.

He who has the gold makes the rules but unfortunately those with obscene wealth have already bought enough senators and congresspersons so that they control Congress.

Pragmatically any president who tried to renew the AWB by executive order would face a multi-million person march on Washington from the 80+ million gun-owners.

That's why the strategy would be to renew a revised and expanded AWB like H.R. 1022 that gives the attorney general authority to ban any semiautomatic firearm that is similar to those used by the military.

[ellenfl]

4. why would congress have to approve a new average white band?

sorry, that's what i read! :evilgrin: i guess i'm showing my age.

as for your actual question, obama should keep all of the powers that bushco awarded the presidency. i cannot wait to hear how faux news handles that one. of course, you know they will decry the expanded powers . . . just like they quit using the filibuster when they lost the majority . . . NOT! such hypocrites.

ellen fl

[benEzra]

7. Importation of foreign-made guns could be banned by executive order...

as Bush the Elder did in 1989 or whatever, the ban that eventually became the infamous 18 USC 922(r) import restrictions. That ban was the brainchild of arch-right-winger William J. Bennett and was the first Federal ban on "assault weapons," and it was initially an EO.

I don't think an EO could affect AR production and whatnot, but an EO outlawing importation of modern-looking guns and ammunition for them could triple ammunition prices overnight. A whole lot of popular guns are imports, and a great deal of U.S. target shooting ammunition used each year comes from eastern Europe. Such an EO wouldn't affect criminals, but it would sure hit law-abiding shooters where it hurts. One might also note that President Clinton banned the importation of Chinese SKS's, civilian AK's, and small arms ammunition via "trade sanctions," so that is another route.

I do not believe that a ban on possession or transfer of lawfully held guns could not be instituted by executive order. There are some ways that it might be done, but I don't think they'd fly in court or with the public.

[jody]

8. Good points I had forgotten. Has SCOTUS accepted challenges to executive orders or has that been a

rare occurrence?

[benEzra]

9. I don't know. (n/t)

[Recursion]

10. There's only a couple of avenues for that

If they've explicitly been given color of law by an act of Congress, they're subject to equal protection scrutiny. Other than that, separation of powers makes it difficult to challenge the methods by which the Executive executes the laws (which is all an executive order is, anyways). Just like the courts can't strike down a law just because it's stupid, they can't strike down an executive order just because it's a bad way to execute the law. (Though, courts do find fig leaves to strike down laws whose only real problem is being a bad idea, so they could probably do the same thing for an EO.)

[guntard]

11. How to tell if your local FFL is spreading bullshit about gun laws

His lips are moving.

Seriously, in my experience FFLs are the most clueless group of people when it comes to gun legislation (with cops a close second). Presumably they have to know how to properly fill out a 4473, but that seems to be the limit of their legal intelligence, for the most part.

I'm posting from California, where it's pretty important to be up on all the gun laws.

[jody]

12. I believe you are trying to apply a description for gun-grabbers to FFL holders.

[guntard]

13. Most FFLs are clueless about gun laws, in my experience

And they love nothing so much as the sound of their own voices.

Now, some of my best friends and all that, but by far most of the errant bullshit about gun laws I have heard from gun owners themselves was spread by FFLs.

[jody]

14. Several decades of close association with "FFL holders" convinces me they know much more about

federal gun laws and their own state laws than most gun-grabbers. Sales people in a store are not necessairly well informed.

See links below for those who are not familiar with current laws.

Title 18, Chapter 44 - "Firearms"

Title 26, Chapter 53 - "Machine Guns, Destructive Devices, and Certain Other Firearms"

ATF P 5300.5 - State Laws and Published Ordinances - Firearms