Obama’s action on guns constitutionally questionable


“Criminals don’t care about the laws we pass with regards to guns. They never follow the law, that’s why they’re criminals.”

U.S. Sen. and Republican presidential candidate Marco Rubio, in reference to President Barack Obama’s executive action last week regarding gun control.

Rubio is right on.

Obama, once again bypassing Congress and attempting to chisel away at the Second Amendment, announced plans that he believes will make it tougher for criminals to obtain firearms. In his tearful announcement, Obama said his action would expand the number of sales subject to background checks.

Under current law, licensed gun dealers must conduct background checks on buyers, but Obama took it much further by saying that websites, gun shows and flea markets will be subject to having gun purchasers go through background checks. Obama said individuals “in the business of selling firearms” must be licensed gun dealers, a process that can take as long as a year, and, if they are not licensed, the offenders will be prosecuted. About the only part of Obama’s action that makes sense is a plan to spend $500 million to “increase access to mental health care” and increased reporting of “relevant information about people prohibited from possessing a gun for specific mental health reasons.”

Obama says the government should deem anyone “in the business” of selling guns to be a dealer, regardless of where he or she sells guns. The government will also consider how many guns a person sells, how frequently and whether those guns are sold for a profit. People such as friends and family who sell guns to one another would be subject to background checks under Obama’s action.

We’re surprised the president didn’t go one step more and subject people who inherit a gun from a parent to a background check.

These executive actions will do nothing to stop criminals from obtaining guns. All this action will do is place an unfair burden on law-abiding gun owners. That’s it.

Obama says his action was brought on by the mass shootings in our homeland in recent years. Of course, the deaths that occurred in these shootings are tragic and innocent lives were lost. But what Obama hasn’t mentioned — and didn’t mention in his speech Tuesday — is that all of the guns used in these mass shootings were purchased legally.

What this president doesn’t get is that criminals who shoot up a place don’t follow the laws in general. If they are intent on getting a firearm, they will get one illegally, like those who are killing each other every day in cities such as Chicago, Baltimore, Detroit and Los Angeles.

Obama is simply governing by decree, but any action that impacts the Bill of Rights is deserving of action by the people’s representatives in Congress.

Remember that in 2008, while running for president, Obama said, “The biggest problem we’re facing right now has to do with George Bush trying to bring more and more power into the executive branch and not go through Congress at all. And that’s what I’ll change when I’m president of the United States.”

These comments are hypocritical and show a president who didn’t live up to his rhetoric.

Other presidents before Obama, both Republicans and Democrats, have issued executive actions, but none as extreme as Obama’s have been. One only has to look at his immigration executive action last year, where he completely bypassed Congress and used executive action to ram his policy though.

Thankfully, it had an injunction put on it, and this executive action may as well, because there are real questions whether this action is constitutional.

Obama, whose legal expertise is supposed to be in the area of constitutional law, was on record as saying he didn’t have the constitutional authority to take the executive action he ultimately did regarding immigration.

In the end, Obama’s action on guns will do absolutely nothing to curb gun violence other than mental health information sharing. But at least he made his liberal anti-gun base happy, which was his real intent in the final analysis.

Daily News, Bowling Green

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