Obama Does Not Have Authority to Implement His Gun Bans

By Charles Nichols

Obama's Hyped Proposals

His 23 executive orders which call for spending about $5 billion dollars he probably doesn't have the authority to spend without congressional approval are mostly symbolic. Mr. Obama recognized that he does not have the authority to implement his gun bans by executive order. Gun bans must come from congress which he acknowledged wasn't going to happen unless gun owners contact their congressmen to support the bans saying:

Only Way to Change is If American People Demand It

"...the only way we can change is if the American people demand it. And by the way, that doesn't just mean from certain parts of the country. We're going to need voices in those areas and those congressional districts where the tradition of gun ownership is strong to speak up and to say this is important. It can't just be the usual suspects.

That isn't going to happen. The only ones calling for gun bans since Newtown have been the "usual suspects" whom have been demanding gun bans for years.

There will be a few states which will enact additional gun bans to what they already have on the books, New York was the first and California is certain to follow. The problem these states have is that there is little left for them to ban. California's 1989 "assault weapon" ban is already being challenged in Federal Court and California already has magazine bans in place. So far this session, the liberal lefty Democrats in Sacramento have introduced four gun control bills (for a list).

Need Framework for Determining Which Gun Control Laws are Constitutional

By the time any of these bills are passed into law later this year, we will most likely have a decision from the 9th Circuit Court of Appeals establishing a framework for determining which gun control laws are constitutional and which are not. The Federal Courts outside of the 9thCircuit have developed a couple of different tests for judging gun control bills and outright bans on semi-automatic rifles and magazines will fail those tests unless the 9th Circuit comes up with something completely different.

Regardless, the US Supreme Court will have the final say and according to Justice Scalia who wrote the landmark 2008 Heller decision, the Supreme Court hasn't even decided the question of whether shoulder fired missiles which can bring down an airliner are protected by the Second Amendment or not.

Charles Nichols
President - California Right To Carry