Gun ownership ‘executive actions’ may pose challenge to states

Gun ownership ‘executive actions’ may pose challenge to states

by
Idaho Freedom Foundation staff
September 7, 2013
Idaho Freedom Foundation staff
Author Image
September 7, 2013

President Barack Obama has issued two additional "executive actions" regarding gun ownership. According to an Idaho attorney who specializes in gun laws, the president's decisions may pose serious challenges for the individual states.

One new policy will end a government practice that allows old military weapons, sold or donated by the U.S. to allied nations, to be re-imported into the U.S. by private groups and individuals.

The Obama administration is also proposing a federal rule to prohibit the registration of firearms to corporations and corporate trusts.

Alex Kincaid is an attorney whose Boise-based law firm offers, among other specialties, legal services for gun manufacturers and gun shop owners. She explained that several national media outlets have characterized the president's latest gun control maneuvers as "executive orders," but others refer to them as "executive actions."

"There is a lot of confusion over these semantics, but the effect is the same," she told IdahoReporter.com.

Kincaid said that the staying power of the president's executive mandates may ultimately rest with federal courts, if indeed state governments contest them.

"We have several state representatives and senators with the fortitude and the interest in protecting the Second Amendment, and that is commendable. But it is highly unlikely that the courts would overturn the executive action. To date, U.S. Courts have overturned only two executive orders. The test is whether the executive action or order attempts to make law, rather than clarify or act to further a law put forth by the Congress or the Constitution."

Details on the president's mandates, and a full interview with Kincaid can be heard HERE.

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