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Monday, October 5, 2015

If Congress Doesn't Act, Clinton Would Use "Executive Actions" to Enact Gun Control

Jim Geraghty noted in today's Morning Jolt that Hillary Clinton will roll out her gun control proposals for the 2016 campaign at a Town Hall today.  But nothing new is in her wish list, except she would take a page out of Obama's governance book by enacting them by "executive action" if Congress does not pass them.  Even Obama hasn't been that brazen, yet! From Geraghty:
Please Make the 2016 Election a Referendum on the Second Amendment!
But imagine how Hillary’s numbers will soar when she loudly embraces gun control!

Democratic presidential front-runner Hillary Clinton is set to unveil a sweeping gun-control proposal Monday that would include closing the “gun show loophole” and allowing victims of gun violence to sue firearm manufacturers.
 
Almost no mass shooters buy their guns at gun shows! Very few criminals buy their guns at gun shows!

In a survey of almost 100 detainees in the Cook County Jail, few said they get firearms at gun shows or through the Internet, said Harold Pollack, co-director of the crime lab. They also said they don’t normally steal guns or buy them at a licensed store. 
About 70 percent said they got their guns from family, fellow gang members or through other social connections. Only two said they bought a gun at a store. It’s unclear how many of those surveyed were felons, but they can’t hold a state firearm owner’s permit -- so they can’t legally purchase a weapon at a store.
 
Back to Hillary’s proposals:

Under the plan, which comes in the wake of a mass shooting at an Oregon community college that left 10 people dead last week, Clinton would tighten rules governing gun show and Internet sales using executive action “if Congress will not act,” aides said.
 
A runaway executive: Catch the fever! Show me where it says in the Constitution that if Congress does not pass a law, the president can enact the law through executive action? President Obama normalized ignoring the legislative branch.

She would also push to repeal a law backed by the National Rifle Association that prevents crime victims from suing gun manufacturers. And her proposal would revoke the licenses of “bad actor” dealers who knowingly supply guns to straw purchasers and traffickers.

Except knowingly selling to a straw purchaser is already a crime:

Furthermore, if a [federally licensed firearms dealer (FFL)] knew that the statements on Form 4473 were false and that a straw purchase was taking place, the FFL has also violated federal law. 18 U.S.C. § 922(d) prohibits any individual from selling a firearm to a person whom they know or have reason to know is a criminal or other prohibited buyer.
 
A separate fascinating fact illustrating the difference between “gun deaths” and homicides:

“Wyoming is an interesting case, because it has one of the highest firearm death rates but a homicide rate of zero.” Gun deaths can include suicide, unintentional discharges (accidents), non-homicide legal discharges (i.e. police or someone acting in self defense, so no charges are filed).

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