# What executive orders could Obama give vis-a-vis gun control? **URL:** \ **Category:** Great Debates\ **Created:** [January 9, 2013, 8:07pm UTC](https://boards.straightdope.com/t/what-executive-orders-could-obama-give-vis-a-vis-gun-control/646665 "2013-01-09T20:07:48Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![sweeteviljesus](https://avatars.discourse-cdn.com/v4/letter/s/898d66/32.png) [@sweeteviljesus](https://boards.straightdope.com/u/sweeteviljesus)\ **Post date:** [January 9, 2013, 8:07pm UTC](https://boards.straightdope.com/t/what-executive-orders-could-obama-give-vis-a-vis-gun-control/646665/1 "2013-01-09T20:07:48Z")
This is really a general question, but I figured it would wind up here. Mods, if you disagree, by all means move it. According to Biden, Obama is exploring the use of executive orders in order to somehow reign in gun violence. What options are open to him (that wouldn’t be enjoined in two seconds)? Thanks, Rob ---
**Author:** ![XT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/xt/32/456_2.png) [@XT](https://boards.straightdope.com/u/XT)\ **Post date:** [January 9, 2013, 8:31pm UTC](https://boards.straightdope.com/t/what-executive-orders-could-obama-give-vis-a-vis-gun-control/646665/2 "2013-01-09T20:31:38Z")
Just for reference, [here](http://www.cnn.com/2013/01/09/politics/gun-control-battle/index.html?hpt=hp_t1) is another beautifully balanced article from CNN on this subject. As to the OP…no idea what Obama could do by fiat on his own. ---
**Author:** ![Condescending\_Robot](https://avatars.discourse-cdn.com/v4/letter/c/a183cd/32.png) [@Condescending\_Robot](https://boards.straightdope.com/u/Condescending_Robot)\ **Post date:** [January 9, 2013, 8:41pm UTC](https://boards.straightdope.com/t/what-executive-orders-could-obama-give-vis-a-vis-gun-control/646665/3 "2013-01-09T20:41:43Z")
Not sure we’re allowed to discuss this, since everyone knows that Obama has no plans to take any guns or abuse his Constitutional powers and anyone who thinks so is a psychotic. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [January 9, 2013, 8:46pm UTC](https://boards.straightdope.com/t/what-executive-orders-could-obama-give-vis-a-vis-gun-control/646665/4 "2013-01-09T20:46:44Z")
> [@Condescending\_Robot](#): > > Not sure we’re allowed to discuss this, since everyone knows that Obama has no plans to take any guns or abuse his Constitutional powers and anyone who thinks so is a psychotic. ??? Nobody said anything about Obama taking away guns, and where has anyone said we’re not allowed to discuss this, ever? ---
**Author:** ![Condescending\_Robot](https://avatars.discourse-cdn.com/v4/letter/c/a183cd/32.png) [@Condescending\_Robot](https://boards.straightdope.com/u/Condescending_Robot)\ **Post date:** [January 9, 2013, 8:54pm UTC](https://boards.straightdope.com/t/what-executive-orders-could-obama-give-vis-a-vis-gun-control/646665/5 "2013-01-09T20:54:42Z")
Every gun discussion since Newtown so far is multiple people demanding that all gun owners be punished and guns be confiscated, then shouting down opposing argument with “nobody’s taking away your guns, Alex Jones! shut up you crazy person!” It’s only going to work for so long. Here we have Biden propose that Obama start governing by fiat in a discussion of “gun control.” A bunch of people will show up to support this. They will brook no debate and accuse their opponents of being delusional for restating their own positions. Same old same old, ---
**Author:** ![Human\_Action](https://avatars.discourse-cdn.com/v4/letter/h/ac91a4/32.png) [@Human\_Action](https://boards.straightdope.com/u/Human_Action)\ **Post date:** [January 9, 2013, 8:55pm UTC](https://boards.straightdope.com/t/what-executive-orders-could-obama-give-vis-a-vis-gun-control/646665/6 "2013-01-09T20:55:57Z")
I can’t think of much, as executive orders are pursuant to Acts of Congress (correct?), and every federal gun control law is being fully enforced already. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [January 9, 2013, 9:04pm UTC](https://boards.straightdope.com/t/what-executive-orders-could-obama-give-vis-a-vis-gun-control/646665/7 "2013-01-09T21:04:02Z")
> [@Condescending\_Robot](#): > > Every gun discussion since Newtown so far is multiple people demanding that all gun owners be punished and guns be confiscated, then shouting down opposing argument with “nobody’s taking away your guns, Alex Jones! shut up you crazy person!” _Every_ gun discussion? Show us _one_. ---
**Author:** ![opmike](https://avatars.discourse-cdn.com/v4/letter/o/9d8465/32.png) [@opmike](https://boards.straightdope.com/u/opmike)\ **Post date:** [January 9, 2013, 9:07pm UTC](https://boards.straightdope.com/t/what-executive-orders-could-obama-give-vis-a-vis-gun-control/646665/8 "2013-01-09T21:07:33Z")
Can we stay on the topic of the OP, please? I was curious about this as well after all this mysterious and vague talk of “executive order.” ---
**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\ **Post date:** [January 9, 2013, 9:08pm UTC](https://boards.straightdope.com/t/what-executive-orders-could-obama-give-vis-a-vis-gun-control/646665/9 "2013-01-09T21:08:47Z")
> [@Czarcasm](#): > > _Every_ gun discussion? > Show us _one_. He’s close. Every discussion has the pro gun side claiming that their guns will be taken away. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [January 9, 2013, 9:11pm UTC](https://boards.straightdope.com/t/what-executive-orders-could-obama-give-vis-a-vis-gun-control/646665/10 "2013-01-09T21:11:43Z")
> [@opmike](#): > > Can we stay on the topic of the OP, please? I was curious about this as well after all this mysterious and vague talk of “executive order.” Sorry. Will do. edited to add: [Link to article about Presidential executive orders.](http://en.wikipedia.org/wiki/Executive_order_(United_States)) ---
**Author:** ![crowmanyclouds](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/crowmanyclouds/32/19884_2.png) [@crowmanyclouds](https://boards.straightdope.com/u/crowmanyclouds)\ **Post date:** [January 9, 2013, 9:15pm UTC](https://boards.straightdope.com/t/what-executive-orders-could-obama-give-vis-a-vis-gun-control/646665/11 "2013-01-09T21:15:34Z")
> [@](#): > > … According to Mayors Against Illegal Guns (which has recently overtaken the Brady campaign as the organization most despised by the gun lobby), the executive branch would be limited to a few tweaks of current law. Their current pitch mentions three of them: > > - Directing the DOJ to prosecute more “prohibited purchasers” when they attempt to buy guns. In 2009, the FBI referred 71,000 cases of thse buyers, mostly felons. U.S. attorneys prosecuted only 77 cases. > > - Appointing a permanent ATF director. The ATF has spooked the right ever since Ruby Ridge (before, too, but that’s when the real agita started), and the Senate hasn’t confirmed a permanent director since 2006. > > - Requiring federal agencies to report mental health records. The NICS Improvement Act of 2007, passed after the Virginia Tech shootings, requires this. It hardly ever happens. …[RIGHT][LINKY](http://www.slate.com/blogs/weigel/2013/01/09/what_crazy_fascist_executive_orders_might_obama_use_to_take_away_your_freedoms.html)[/RIGHT] CMC ---
**Author:** ![Richard\_Parker](https://avatars.discourse-cdn.com/v4/letter/r/35a633/32.png) [@Richard\_Parker](https://boards.straightdope.com/u/Richard_Parker)\ **Post date:** [January 9, 2013, 9:21pm UTC](https://boards.straightdope.com/t/what-executive-orders-could-obama-give-vis-a-vis-gun-control/646665/12 "2013-01-09T21:21:17Z")
> [@Human\_Action](#): > > I can’t think of much, as executive orders are pursuant to Acts of Congress (correct?), and every federal gun control law is being fully enforced already. No. An executive order is a directive for some agent in the executive branch to do or not do something. The order set policies in area in which the law gives the President discretion. Since he isn’t actually the dude pulling the levers, so to speak, he writes down rules that represent his exercise of discretion. For example, he can order CIA agents not to torture suspects. There are a ton of potential things he could do with respect to gun control by executive order, having to do with how we interpret and execute the existing gun laws. We could list the possibilities for days. ---
**Author:** ![sweeteviljesus](https://avatars.discourse-cdn.com/v4/letter/s/898d66/32.png) [@sweeteviljesus](https://boards.straightdope.com/u/sweeteviljesus)\ **Post date:** [January 9, 2013, 9:26pm UTC](https://boards.straightdope.com/t/what-executive-orders-could-obama-give-vis-a-vis-gun-control/646665/13 "2013-01-09T21:26:18Z")
Such as? ---
**Author:** ![Richard\_Parker](https://avatars.discourse-cdn.com/v4/letter/r/35a633/32.png) [@Richard\_Parker](https://boards.straightdope.com/u/Richard_Parker)\ **Post date:** [January 9, 2013, 9:47pm UTC](https://boards.straightdope.com/t/what-executive-orders-could-obama-give-vis-a-vis-gun-control/646665/14 "2013-01-09T21:47:07Z")
See post #11, for a few examples. The President enjoys enormous discretion in how to enforce federal laws. In particular, the direction of law enforcement and prosecutorial resources, but in many other details as well. ---
**Author:** ![Kevbo](https://avatars.discourse-cdn.com/v4/letter/k/e47774/32.png) [@Kevbo](https://boards.straightdope.com/u/Kevbo)\ **Post date:** [January 9, 2013, 10:18pm UTC](https://boards.straightdope.com/t/what-executive-orders-could-obama-give-vis-a-vis-gun-control/646665/15 "2013-01-09T22:18:35Z")
I would note that I among many others on the pro-gun side have been howling for enforcement of existing laws whenever the subject is broached. The above statistic that 77/71,000 attempted purchases by prohibited persons were prosecuted is exactly the sort of thing we were talking about. If prosecuting the bulk of these is what an executive order means, bring it on toot-sweet! The lack of enforcement encourages the perception that it is too easy for felons and the insane to buy guns. This breeds calls for stricter laws, when existing laws already proscribe many of the “undesireables” from buying guns. It reminds me of the situation in a nearby canyon. There were several horrific crashes, so they lowered the speed limit from 70 to 65mph. All of the bad crashes involved people exceeding 100mph. Yes, the problem is that some people drive to fast, or kill people with guns. Making people who obey the speed limit does not fix the problem, and making it harder for the law abiding to buy guns doesn’t stop bad people from breaking another law or two to kill people. ---
**Author:** ![trabajabamos](https://avatars.discourse-cdn.com/v4/letter/t/47e85d/32.png) [@trabajabamos](https://boards.straightdope.com/u/trabajabamos)\ **Post date:** [January 9, 2013, 10:41pm UTC](https://boards.straightdope.com/t/what-executive-orders-could-obama-give-vis-a-vis-gun-control/646665/16 "2013-01-09T22:41:19Z")
Can we all at the very least agree that there is nothing to indicate that Obama could really hope to do the very scary-sounding things the fringe is currently worried about? Is there any reasonable argument to be made indicating that Obama could use executive orders to: [ul] [li]Ban all guns[/li][li]Repeal the Second Amendment[/li][li]Send FEMA to kill all registered gun owners[/li][/ul] …isn’t it more likely that this is just Biden shooting his mouth off (again) and that, at most, these executive orders will be largely empty political gestures as regards gun ownership in general? ---
**Author:** ![Der\_Trihs](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/der_trihs/32/233_2.png) [@Der\_Trihs](https://boards.straightdope.com/u/Der_Trihs)\ **Post date:** [January 9, 2013, 10:54pm UTC](https://boards.straightdope.com/t/what-executive-orders-could-obama-give-vis-a-vis-gun-control/646665/17 "2013-01-09T22:54:33Z")
> [@trabajabamos](#): > > Can we all at the very least agree that there is nothing to indicate that Obama could really hope to do the very scary-sounding things the fringe is currently worried about? [Sadly, I don’t think we can agree on that.](http://boards.straightdope.com/sdmb/showthread.php?p=15881366&posted=1#post15881366) > [@Obama is planning to use Executive Orders for gun control.](https://boards.straightdope.com/t/obama-is-planning-to-use-executive-orders-for-gun-control/646673/1): > > Obama thinks he can whip out his pen and crush gun owners. > > Now maybe people will finally understand why people have been worried about Obama. The guys attitude towards governing is frightening. ---
**Author:** ![sweeteviljesus](https://avatars.discourse-cdn.com/v4/letter/s/898d66/32.png) [@sweeteviljesus](https://boards.straightdope.com/u/sweeteviljesus)\ **Post date:** [January 9, 2013, 10:56pm UTC](https://boards.straightdope.com/t/what-executive-orders-could-obama-give-vis-a-vis-gun-control/646665/18 "2013-01-09T22:56:22Z")
Well, I suppose he could direct the Army to go door to door and confiscate the guns (they would probably tell him to go to hell as it violates Posse Commitatus and is therefore an illegal order), but I have a better chance of someone giving me a winning lottery ticket than that happening. However, I can’t say for sure whether or not there is anything he could do unilaterally which would piss off the pro-gun crowd. Rob ---
**Author:** ![trabajabamos](https://avatars.discourse-cdn.com/v4/letter/t/47e85d/32.png) [@trabajabamos](https://boards.straightdope.com/u/trabajabamos)\ **Post date:** [January 9, 2013, 10:58pm UTC](https://boards.straightdope.com/t/what-executive-orders-could-obama-give-vis-a-vis-gun-control/646665/19 "2013-01-09T22:58:35Z")
> [@Der\_Trihs](#): > > [Sadly, I don’t think we can agree on that.](http://boards.straightdope.com/sdmb/showthread.php?p=15881366&posted=1#post15881366) I don’t really want to argue with a poster who isn’t even in this thread, but I’d be happy to hear it if anyone could flesh out **aceplace57** ’s concerns with some specific details of how Obama actually could “whip out his pen and crush gun owners.” ---
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [January 9, 2013, 11:07pm UTC](https://boards.straightdope.com/t/what-executive-orders-could-obama-give-vis-a-vis-gun-control/646665/20 "2013-01-09T23:07:08Z")
Not really an “executive order” per se, but the administration could persuade the BATF to classify all semi-autos as “Any Other Weapon”. AOW’s require a tax stamp. While the stamp is currently only $5 that could be raised making it difficult for law abiding citizens to afford to buy (or keep) semi-autos. It also is a quasi form of registration. It also would do nothing to fight violent crime as the burglar that steals your semi-auto from your bedroom closet won’t give a rats ass if you have a tax stamp for it. [Next page](https://boards.straightdope.com/t/what-executive-orders-could-obama-give-vis-a-vis-gun-control/646665.md?page=2)