Use of executive action to change gun laws not unprecedented
Fallout from Vice President Biden's remarks on taking 'urgent' action
- Duration 6:18
- Date Jan 10, 2013
Fallout from Vice President Biden's remarks on taking 'urgent' action
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Factors that -- -- executive action can be taken we haven't decided what.
-- -- What we're compiling and -- help with the attorney general.
And all the rest of the staff members as well as legislative action we -- -- acquired.
Well that was Vice President Biden yesterday stating that the administration might circumvent congress on gun control.
To some extent and that is already creating some controversy in Washington.
That pushed back with summed up by one Republican congressman who responded by saying.
Vice President Biden would do well to read the Second Amendment and revisit the meaning of the phrase shall not be infringed.
Joining me now Steve Hayes who's -- senior writer of the standard and a Fox News contributor and the research that we've looked at suggests that.
He's got some way to curtail some gun rights by executive order if he so chooses what say you on.
I don't think so I -- no Second Amendment Rights have been pretty clear and I think the idea that you can utilize an executive order.
To implement restrictions on that Wright would not to a legislative process by just executive Fiat.
I don't think that's gonna work a constitutionally.
So I think that would be a very difficult challenge it's different if you had legislation that was passed.
By congress that could somehow regulate this and then -- the White House to simply you know issuing regulations off that here there's.
Let me just -- that that maybe the difference that -- direct that I look back the recent suggested that when George H.
Bush was president back in 1989.
He used executive order to ban the import of assault weapons.
Using his powers under the gun control act of 1968 that's that stipulated that -- rifles had to be suitable for sporting purposes.
So he he did that way using this 1968 gun control act law.
But you know the begs the question could could Barack Obama do the same -- I don't think enough about what what what the president you know we don't what the president wants to do yet but assuming it's going to be significant restrictions and restraints.
I don't think you can use that ball from 1968.
To implement an executive order that would do anything other than.
A comply with existing along with -- would you -- I would president -- George H.
Bush did he did use the 68 law but we don't know what the president's proposing yet but you don't.
You listening to vice president.
Biden yesterday it's -- -- come before boating experience that you were talking -- the Second Amendment to the United States constitution here but it was the First Amendment the president can simply say not like that provision anymore.
I'm gonna give -- an executive order saying you know what the -- repressed not so helpful not gonna use it.
Then I mean -- -- very Dicey territory -- by executive order you are.
Arguably trying to modify Heidi one of the bill of rights united ninety.
That's -- that makes people feel uncomfortable depending on what side they're on a -- right we're talking about and Steve that's not a political risk to the president.
Because even -- -- were very very adamant about you know restricting gun rights now especially in the wake of -- town.
There are millions of others on the other side who say guns didn't commit that act person committed that act -- there's -- reasoning me talk about guns right now.
Gay you're absolutely right and I think you you look at the population it's a shrinking population but the population of Democrats from red states both in the house and senate.
Those are going to be the people of the president is going to have to convince to go along with whatever proposals he comes up with and I think you're gonna get some resistance.
Not only from Republicans in the House of Representatives who could be expected to oppose the president.
On some of these initiatives that he pursues legislatively but also.
Members of his own party who have been gun right supporters in the past and they -- by the way not just.
The Democrats that you would think of Democrats from these red or purple states -- one might associate with.
Strong proponents of gun rights but also people like I -- -- who for the most part it's a liberal Democrat but has been -- friend of the NRA more or less.
Going back several years somebody like pat Leahy from Vermont who I would put on the the far left of the Democratic Party in the senate but also has been an outspoken proponent of gun rights.
-- You know exactly this kind of thing where lawmakers are trying to mess with somebody's and firearm ownership but he -- the people on the sides say.
Bit the founders never could have envisioned the country in which we have 300 million guns and you know -- high capacity magazines and semi automatic weapons does it matter.
Well I know it doesn't because you don't get to modify the constitution of the United States because technology's changed.
You can you know the regulations that are in place on on gun ownership of vary from state to state the registration requirements concealed carry permits.
They're legal requirements and be put in place put you cannot do an executive Fiat.
-- -- you know basically remove.
Second Amendment Rights or infringe on those rights in a way that the court would deem to be unconstitutional so.
You know the wiggle room they have here I think is nonexistent now what's interesting is.
No legislation being proposed here you know they get here resilient no legislation so what -- we do.
Executive Fiat and I think what Steve says right and politically as not just -- -- be Republicans -- a problem with this to be Democrats as well let's see what they know -- -- -- -- been very very concerned.
Yet but that's -- think it is that.
Respected in and pave the way for another Democrat to going to the Oval Office.
So there are risks to him if he if he doesn't have congressional support.
You know I think I'm not sure that the president is thinking about democratic successes at this point I think he's thinking about himself I think -- think -- about.
What's immediately in front of -- mean he's coming out of this last election thinking that he's got a mandate.
To move the country to left after all the guy campaigned in going into the 2012 elections.
As a progressive candidate a strong progressive candidate if you look back at his record and -- the way that he conducted himself in the first term.
Whether it was passing the stimulus with democratic votes weather now forcing.
Health care through congress with democratic votes and then after the 2010 elections which was a rebuke to the president.
He didn't then turned to the center he campaign.
I had abide by catering to his family says that heartbreak now guys great -- coming up scary asked.