PDA

View Full Version : executive order



spathatos
03-04-2012, 08:14 AM
There has been some talk if obama does not get re-elected he may do an executive order similar to the last federal assault weapons ban. Obviously it will have to be called something else, but the goal would be the same as the last time. As we all know, once something is law it is very hard to repeal. The last Federal Assault Weapons Ban was passed by congress on Sept. 13, 1994 and signed into law the same day by clinton. That ban though had a sunset clause that was allowed to expire on Sept. 13, 2004 10 years later by bush jr. I doubt there will be a sunset clause this time around.


Any thoughts or anybody else hear anything???

SilverJeep
03-04-2012, 08:40 AM
Meh, there was talk he would do that in his first week in office. Honestly if they did that again they wouldn't have a problem with even a 5 year sunset clause. Mainly because I think the sun will set on our country in less than 5 years.

Aurumag
03-04-2012, 12:16 PM
Compared to Prince Barry, Gun Salesman of the Millenium, Clinton was a small-time huckster.

Obama needs only to hint at an ammo ban, and sales will immediately double.

Recently I have been hearihng some rumblings of ammo shortages due to already high demand.

Last week, Brownells issued the following warning to customers:

Dear Folks,

We made a couple of predictions last month about how to prepare for 2012. If you missed it, we suggested you focus on Ammunition, which we are going to concentrate on in this article.

So, for a quick update: specifically, over the last 30 days, while we were following our own advice and preparing for 2012, we have observed that the ammunition manufacturers productions are at an all-time high and that the customer demand for ammunition is going to more than likely supersede the 2008-2009 “Election-Year Bubble”.

I checked in with one of our bright kids here to find out just what he was getting from his contacts in the industry – what he was hearing – and here is a condensation of what he told me.

General Industry Sentiment –
During the SHOT Show we began to hear rumblings that ammunition was heating up and that scarcity would likely be a concern as the year progressed. This has begun to manifest itself in major ways already. A few examples:

A great friend of ours reported: “Just returned from all the buyer-group shows and they were crazy busy. It’s starting to look like 2009 over again; we’ve been overwhelmed since December 1st. If it continues at this pace, we are going to see some major holes in inventory. The ammo guys are talking about shortages in .223 already . . . here we go again.”

Additionally, we have heard directly from one of the most prominent ammunition manufacturers who is reporting that they are a minimum of 60 to 90 days out on new purchase orders as of today.

Quantities of .223 and 5.56 that seemed to manufacturers at the SHOT Show like they should be plenty for the year are depleted already. Another great friend of ours had an entire warehouse of 5.56 go out in ONE purchase order!

Here at Brownells we're in great shape in inventory as this email goes out, and we're ready to answer your questions and ship your chosen items to you. We can't say that ammo is going to get scarce – we're only keeping our ear to the ground, to the phone and talking to the people who hopefully are reading their tea-leaves correctly. Personally, I'm lying in my own personal supply – after all those matches and prairie-dogs are waiting for me to attend to them. Plus, personally, I just like to be prepared – my nature, I guess.

oldgaranddad
03-04-2012, 12:28 PM
There has been some talk if obama does not get re-elected he may do an executive order similar to the last federal assault weapons ban. Obviously it will have to be called something else, but the goal would be the same as the last time. As we all know, once something is law it is very hard to repeal. The last Federal Assault Weapons Ban was passed by congress on Sept. 13, 1994 and signed into law the same day by clinton. That ban though had a sunset clause that was allowed to expire on Sept. 13, 2004 10 years later by bush jr. I doubt there will be a sunset clause this time around.


Any thoughts or anybody else hear anything???

Executive orders are not laws. Executive orders only deal with the executive branch and its conduct. Executive orders can be recinded by the next executive with another executive order, so if Obama was to make such an order, if Romney, Santorum, Gingrich or Paul were to win the Presidency they could repeal Obamas decree with the stroke of a pen.

spathatos
03-05-2012, 02:07 AM
Check your facts. It carries the exact same weight as a 'law' and takes a 2/3 majority of congress to repeal which can be vetoed. That stroke of a pen is a bit more problematic then somebody else signing to the contrary.

oldgaranddad
03-05-2012, 08:03 AM
Check your facts. It carries the exact same weight as a 'law' and takes a 2/3 majority of congress to repeal which can be vetoed. That stroke of a pen is a bit more problematic then somebody else signing to the contrary.

Your statement only pertains to executive orders made in pursuance of certain Acts of Congress. In that case, the executive order is a clarification of how the executive branch will enforce a law that congress passed. All other executive orders are subject to reversal by subsequent holders of the Office of the President. Obama recinded a bunch of executive orders that Bush had made when Obama entered office. The SCOTUS and other Federal Courts can also nullify an executive order, they've done it twice, when it is deemed a violation of law or the constitution. Most recently was the 1995 order issued by President Clinton regarding the contracting with organizations that had replaced strikers on the payroll during union disputes.

spathatos
03-05-2012, 11:24 AM
Your statement only pertains to executive orders made in pursuance of certain Acts of Congress. In that case, the executive order is a clarification of how the executive branch will enforce a law that congress passed. All other executive orders are subject to reversal by subsequent holders of the Office of the President. Obama recinded a bunch of executive orders that Bush had made when Obama entered office. The SCOTUS and other Federal Courts can also nullify an executive order, they've done it twice, when it is deemed a violation of law or the constitution. Most recently was the 1995 order issued by President Clinton regarding the contracting with organizations that had replaced strikers on the payroll during union disputes.

I suppose I should have clarified my fear of another 'assault weapons ban' based on the same congressional model used a few years ago. This time I would think there would be no sunset clause if done again. Otherwise, I 100% agree with everything you said as it is valid and true. Sorry for the confusion.

oldgaranddad
03-05-2012, 12:23 PM
I don't think there will be another AWB. I live in NY where we have the AWB with no sunset provision and it is slowly being chipped away by court case by court case. NYC is already in a panic about excessive pistol license fees that Mayor Bloomberg (no friend of the second amendment or the constitution in general) wanted to lower the fees in order to prevent a lawsuit he know was coming. NYC "clown council" refused and the lawsuit was filed. See http://saf.org/legal.action/nyc.fees.lawsuit/complaint.pdf Even as of today a MD court ruled that MD state officials issuance of carry permits violated intermediate scrutiny (the court should of applied strict scrutiny but we'll take the win anyway) see http://armsandthelaw.com/archives/2012/03/2a_victory_in_m.php for more information. There is too much case law to make the process as easy as 1994 plus the big 3 networks no longer control the discussion with the internet and other information venues.

Basically what I am saying in a Nutshell is that with the Heller, McDonald and other cases the viability of a new AWB law would not make it through the legislative process, never reaching Obma's desk for signature.