Posted: 10/17/2008 6:58:03 AM EDT
| Not starting another "oh noes" thread but in all the Obama threads about gun control and even his own site talks about a permanent AWB. My question is, could it actually be passed into law that a future president couldn't just get a AWB sunsetted just like the last one was allowed to do. |
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Ok, first of all, how would a president ever get a law sunsetted? Congress writes laws, the president just signs them (usually.) For that matter, Obama himself can't create an AWB. And no, he can't ban guns by executive order. The big problem we face is that if he's elected, not only will the presidency be dem, but so will the congress. They could pass a 'permanent' AWB, without a sunset clause. To be clear, the last AWB wasn't "sunsetted" by the president, it had a 10 year expiration written into it from the getgo. Any law could be, in the future, repealed/overturned through new legislation or by SCOTUS. And that is your Friday morning middle school civics lesson. |
care to explain the 89 import ban? |
To be quick: - .gov has the right to manage imports - '68 GCA has a sporting purposes clause that can ban certain guns from import - '89 EO used that clause All the above is legal and doesn't technically interfere with the 2nd Ammendment in the same way that tarrifs on imported paper don't interfere with the 1st. |
That used existing laws on the books. There are no such laws that cover "assault weapons." |
As long as there are 40 Dems in the US Senate who filibuster, no law can be repealed. And while Obama probably couldn't ban AWs by EO, he could certainly ban the import of all the part, and he might even be able to do a retroactive import ban. Scary that half the people on this board don't know how politics works, but I suppose if they did we would not have had the 2006 "protest voter" issue. |
i understand that, but the point is an EO was issued that manipulated current law and resulted in an entire class of weapons being unavailable to the US population. EO------->gun ban |
There is absolutely zero political points to be scored by repealing an assault weapons ban. Once passed, it's there for good. The same "mistakes" will not be made twice by having a sunset period. You are all now living in what will be referred to in the future as the heyday of gun ownership. |
yep. as i keep saying, the '86 MG ban should be a good example to everyone. once passed, it'll be there forever. |
Correct. If one is passed, the only way it would go away would be for it to have another sunset built in, or for SCOTUS to overturn it. That's partly why the next supreme court selections are so huge. |
Ok, how about this: For the sake of discussion, we mean a ban as permanent as the NFA of 1934 has been. Satisfied? |