Obama - Gun Control?

Question

If Obama is elected, will he have the power to pass any of these laws?

Please don't post if you think it's right or if it's wrong. I simply want to know, if he likely has the power to do any of these, and if so - which?

1: Ban use of firearms for home defense.

2: Pass Federal laws eliminating your Right-To-Carry.

3: Ban the manufacture, sale and possession of handguns.

4: Close down 90 of the gun shops in America.

5: Ban rifle ammunition commonly used for hunting and sport shooting.

6: Increase federal taxes on guns and ammunition by 500 percent.

7: Restore voting rights for five million criminals including those who have been convicted of using a gun to commit a violent crime.

8: Expand the Clinton semi-auto ban to include millions more firearms.

9: Mandate a government-issued license to purchase a firearm.

10: Appoint judges to the U.S. Supreme Court and Federal judiciary who share his views on the second ammendment.

(I think the NRA published this list?)

Answer 1

Obama could work with Congress to pass almost any law they wanted.  However, he is not Congress, and alone he can't pass any laws.  Here's what he can probably accomplish.

1) The recent supreme court decision pretty much blows this out of the water.

2) He can't pass laws.  But since right to carry laws are applied at a state level I don't think the federal government CAN eliminate them.  Darn pesky 10th amendment.

3) Once again see the recent supreme court decision.

4) He could step up BATF enforcement of select transfer laws that MIGHT be applied to some gun stores.  I'm thinking of internet auction sites where the buyer/seller have gun stores actually ship the firearms.

5) He can't pass bans, but he can press for legislation branding it "assult weapon ammunition".

6) Only congress can increase federal taxes.

7) I believe being stripped of your voting rights is handled on a state by state basis.  But any new federal law would have to go through congress.

8) Yet again, Obama cannot expand laws or pass any.  He is not congress.

9) I suppose it may be possible, but it would immediately be struck down by the Supreme Court.  See their most recent decision regarding gun control for an example.

10) Absolutely.  This would be well within his powers.

Most of this list refers to powers of Congress, and while Obama could suggest to them that they pass certain laws that's far from certain that they would.  I happen to be a life NRA member, and I regularly read the American Rifleman and American Hunter.  I have not seen this list.  If you could add a link to where you got it that would be enlightening.

Edit-

That link didn't take me anywhere, but the president has to be VERY selective about the laws he throws his support behind.  In politics, like in life, there is no free lunch.  Congressmen feel the same way, and they will almost never support a law that they know will be struck down by the SC.  But let's suppose that Obama and the democratic majorities were all working in perfect harmony to pass as much anti-gun legislation as possible.  They could make 4 a possibility, although with great difficulty.  5,6,8,9, and 10 would be possible to pass, although 9 would probably face immediate review in the SC.  Honestly, 4 and 9 are such outside possibilities that for all intents and purposes we could just say no.  So 5,6,8 and 10 would be realistic.

Yet another edit-

Okay, that list really is NRA/ILA sponsored.  Had to dig around a little, but I found it.  Some of those interpretations are a little fast and loose, but the simple fact is that Obama is VERY unfriendly to second amendment rights.  I think a large part of that comes from being a democrat in Chicago, where some of the most unfriendly policies in the nation have been born.  Is it exxageration?  Of course it is.  But anyone who enjoys owning a gun in America shouldn't rest easy with Obama in the White House.  He may not be the devil, but he's definitely no saint.

Answer 2

Does he have a stance on restricting firearms?  I don't know.  I know that Scalia recently rendered a majority opinion on the recent decision about handgun control in DC that almost nullifies the use of guns everywhere for any purpose other than maintaining a militia.  Read it if you want.  The dissenting opinion by Breyer spells this out plainly.  Here are some excepts in case you don't want to read the whole thing.

Scalia

"The Constitution leaves the District of Columbia a variety of tools for combating that problem, including some measures regulating handguns," Scalia wrote. "But the enshrinement of constitutional rights necessarily takes certain policy choices off the table. These include the absolute prohibition of handguns held and used for self-defense in the home."

Breyer

Breyer, however, argued in his dissent that the framers of the Constitution did not present self-defense as their main reason for the Second Amendment.

"The self-defense interest in maintaining loaded handguns in the home to shoot intruders is not the primary interest, but at most a subsidiary interest," he wrote. "The Second Amendment's language, while speaking of a 'militia,' says nothing of 'self-defense.' "

http://www.cnn.com/2008/US/06/26/scotus....

http://www.scotusblog.com/wp/wp-content/...

Is it possible to be so incompetent that you accidentally ban the thing you are trying to expand?  Apparently it is.

Answer 3

I've already got mine and whoever Obammy sends to get them better be pretty stout.

Answer 4

Due to the recent Supreme Court decision, that decided the DC gun ban was unconstitutional it would be nearly impossible for any president to accomplish the following tasks in your list: 1, 2, 3, 4, 5, and 6.

7 is not related.  And I don't think Obama would be in favor of giving voting rights to violent offenders.

8 is possible.  The Supreme Court did decide that certain "reasonable" regulations were appropriate, though they didn't spell it out.

9 is possible, but unlikely.

10 is certainly possible.

Consider the fact that from 2000-2006 the Republicans/conservatives had control over all 3 branches of government.  Even with this they didn't come close to overturning Roe vs. Wade.  If the Democrats take over, they will similarly be unable to implement any type of serious gun control.

Answer 5

        The President would have to persuade Congress to pass items #1-9, and the U.S. Senate to agree on #10.

Answer 6

Me & Ted Nugent hope not. We( the nra) did not make this list. The n***s were for gun control & so were the soviets. Weak people pass weak laws- none of these will fly as long as there are Americans out there that still believe in common sense politics & not soapbox rantings. Liberals- go put your dresses back on!

Answer 7

1.Yes

2.Yes

3.Yes

4.Yes

5.Yes

6.Yes

7.No

8.Yes

9.Yes

and 10.YES!!

Answer 8

many reasons not to vote for him he s against the 2nd amendment and also the 1st amendment right wing talk radio he needs to become a pastor in wrights church not a free nations president

Answer 9

  His hands are pretty well tied as far as 2nd amendment rights.  The Supreme  Court has spoken !    

Answer 10

With a Democrat controlled congress Obama could pass all of these laws. The Democrats will go along with Obama on everything just like the Republicans went along with George W Bush.

Answer 11

I sure hope he does I'm sick of seeing little kids being shot while they are asleep in their beds or small kids killing their friends because they get ahold of the weapon.  Only small p***s men have to own guns.  I would never be around anyone that allowed guns in their life.  I am so thank full that I don't' live my life in fear thinking that someone is going to break into my house.  I guess I'm just not that big of a p*ssy

Answer 12

The SCOTUS decision confirmed no more right than to own a 22 revolver to be kept locked up in our house  or a simple hunting gun with proper licensing and registration

It in no way declared that the DC gun ban was unconstitutional and even supported all other bans

It simply declared that if a state had a licensing procedure in place it had to honor that procedure

It did not presume to tell the states how hard or lenient their procedures had to be

But no the president does not have the power to make sweeping gun grabber bans

He can and will work with congress to get such bills passed especially if it is a Dem congress and senate

He can sign executive orders that would make it difficult to obtain and own guns such as the Clinton Norinco ban or the bans on some  imported firearms

He could expand those bans to also include ammunition and magazines

He could also sign bills taxing those items out of reach of the ordinary citizen

He could and would appoint liberal socialist judges if given the opportunity