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Possible Executive Action on Gun Control coming after holidays

Questions about the possibility of executive action to create new gun control laws arose yesterday during the last scheduled White House press conference of 2015. In that conference White House Press Secretary Josh Earnest addressed recent meetings between President Obama and notable anti-gun activists Michael Bloomberg and Gabrielle Giffords. Mr. Bloomberg is a former Mayor of New York City and co-founder of Mayors for Gun Safety. Giffords is a former Arizona Congressmen who was the victim of an attack in 2011 that left six people dead and 13 injured. Neither meeting appeared on the President's public schedule.

If executive action is taken, it will likely be in the form of an Executive Order as addressed by Article II, Section 1 and 3 of the Constitution. This would circumvent Congressional debate and create new law by Presidential fiat. It would also be perfectly legal unless challenged and defeated in court by Congress as being contrary to congressional intent or an arrogation of authority outside the President's constitutional power.

Asked “…what kind of progress the White House has been making toward an executive action on guns?” Mr. Earnest responded,

“I don't have an update either on their progress or on the timing, other than to tell you that this is something that continues to be the focus of a significant number of professionals inside the administration, including over at the Department of Justice.  That work continues and I anticipate that that work will continue through the holidays as well.”

Speculation that POTUS will enact some sort of executive action about gun control has been rampant since the highly publicized attacks in Colorado and California. According to CNN news, President Obama's senior adviser Valerie Jarrett said executive orders would be revealed in “short order” but provided no specifics. After the fact reports on the weapons used in the San Bernardino attacks were obtained via illegal means in contravention of laws already in place. It's unclear at least to us at RECOIL how further gun control legislation would have any effect. It's hard to imagine how more laws would constrain someone that is already committed to breaking  existing laws that regulate firearms, explosives –and that's not even mentioning the one against murder.

Glocks & AKs

Weapsons recovered after the 2015 San Bernardino Attack

Said Earnest,

“Mayor Bloomberg obviously helps to fund and operate an organization that is working aggressively across the country to promote common-sense gun safety measures, and White House officials stay in touch with the leaders of an array of organizations that are trying to advance that goal.

So I don't know if Mr. Bloomberg had a longstanding request to meet with the President about this, but Mr. Bloomberg was invited by the White House to talk to the President about the work of his organization and the progress that was being made both across the country and in the administration to institute policies that would make our country safer.”

The President is scheduled to meet with the families of the victims of the San Bernardino terror attack this evening before departing for Hawaii for what Press Secretary Earnest described as “a couple weeks…spending some downtime with his family.”

The San Bernardino trip has drawn praise from some, who believe a gesture of presidential support for the affected Americans is a righteous gesture. It has also drawn criticism from others who ask if the massive logistical, manpower and security requirements for a presidential visit will negatively impact the ongoing criminal investigation. Others have asked why the president is only meeting with families of the victims, ignoring those wounded and the first responders who ended the attack and handled the aftermath.

Yesterday the President referenced the attack during a conference at the National Counterterrorism Center at Liberty Crossing, VA.

“When terrorists pull off a despicable act like what happened in San Bernardino, it tears at our hearts, but it also stiffens our resolve to learn whatever lessons we can and to make any improvements that are needed.”

Such “improvements” may refer to new and ongoing intelligence initiatives, but are almost certainly going to involve gun control measures.

You can find the full transcript of the daily press briefing we're referencing here. You can find a list of Executive Orders of this and previous Presidents, of both parties, here.

Cover photo by Diane Bondareff/Associated Press

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