2nd Amendment 'get around' attempt using executive order?

SPC(P) Jay Heenan — Tue, 17 Feb 2015 01:24:37 -0500

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...

Response by SSG Private RallyPoint Member made Feb 17 at 2015 1:29 AM

SSG Private RallyPoint Member — Tue, 17 Feb 2015 01:29:00 -0500

I believe they are trying to come on line with other European nations.

Response by SSG Private RallyPoint Member made Feb 17 at 2015 1:41 AM

SSG Private RallyPoint Member — Tue, 17 Feb 2015 01:41:56 -0500

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.

Response by Sgt Aaron Kennedy, MS made Feb 17 at 2015 8:23 AM

Sgt Aaron Kennedy, MS — Tue, 17 Feb 2015 08:23:32 -0500

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.