{"id":29551,"date":"2016-01-21T10:57:27","date_gmt":"2016-01-21T14:57:27","guid":{"rendered":"https:\/\/stateofthenation2012.com\/?p=29551"},"modified":"2016-01-21T10:59:38","modified_gmt":"2016-01-21T14:59:38","slug":"obamas-gun-control-order-runs-into-first-legal-challenge","status":"publish","type":"post","link":"https:\/\/stateofthenation2012.com\/?p=29551","title":{"rendered":"Obama’s Unconstitutional Gun Control Executive Orders In Jeopardy"},"content":{"rendered":"

Obama\u2019s gun control order runs into first legal challenge<\/h2>\n
\"U.S.<\/a>

U.S. President Barack Obama \u00a9 Jonathan Ernst \/ Reuters<\/p><\/div>\n

A lawsuit is challenging President Obama\u2019s recent executive order, which attempts to expand government restrictions on gun sales. The lawsuit argues that the action illegally attempts to circumvent Congress\u2019 legislative power.<\/span><\/p>\n

Conservative advocacy group Freedom Watch on Monday challenged Obama\u2019s executive order on guns, which instructed the Bureau of Alcohol, Tobacco and Firearms (ATF) and other agencies to reinterpret legislation passed by Congress. The president justified this by saying he was closing what he called a \u201cloophole\u201d that allowed certain sales to occur without a background check.<\/span><\/p>\n

Read more<\/b><\/span><\/p>\n

President Obama announces executive action on gun control<\/a><\/span><\/p>\n

“The president states that he is doing so purely because he does not like the legislative decisions of the Congress,\u201d<\/i> wrote Freedom Watch founder Larry Klayman. “These actions are unconstitutional abuses of the president\u2019s and executive branch\u2019s role in our nation\u2019s constitutional architecture and exceed the powers of the president as set forth in the US Constitution.\u201d<\/i><\/span><\/p>\n

The lawsuit, filed in the US District Court for the Southern District of Florida, alleges that President Obama doesn\u2019t have the legal authority to redefine laws that Congress passed. The new interpretation allows the ATF to extend its enforcement activities to people who do not make their livelihood selling firearms and require them to perform background checks. This previous limitation on jurisdiction was known by its detractors as the \u201cgun show loophole.\u201d<\/span><\/p>\n

This is only the first lawsuit challenging the January 4 executive order that many experts predicted to be controversial both politically and legally.<\/span><\/p>\n

Klayman also argues that the executive order violates due process by containing overly-vague language about prohibiting mental health.<\/span><\/p>\n

“Obama is changing under such background checks a person prohibited from buying a gun from one formally adjudicated by a court of law to be mentally incompetent to anyone who \u2013 vaguely \u2013 has a mental health ‘issue,’\u201d<\/i> Klayman said in a statement. \u201cThus, the due process protection of a court ruling is being lost. Obama ordered the Social Security Administration to report to the firearm background check database people on disability payments for reasons that may indicate ‘issues’ of mental health.<\/i><\/span><\/p>\n

“Obama is working to require doctors to report those with (poorly defined) issues.\u00a0 Everyone living in same household may lose right to possess a gun.”<\/i><\/span><\/p>\n

In addition to Barack Obama, Klayman\u2019s lawsuit names Attorney General Loretta Lynch and Thomas Brandon, director of the Bureau of Alcohol, Tobacco, Firearms and Explosives as defendants.<\/span><\/p>\n

___
\nhttp:\/\/www.rt.com\/usa\/329481-obama-gun-control-lawsuit\/<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Obama\u2019s gun control order runs into first legal challenge A lawsuit is challenging President Obama\u2019s recent executive order, which attempts to expand government restrictions on gun sales. The lawsuit argues that the action illegally attempts to circumvent Congress\u2019 legislative power. … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-29551","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/stateofthenation2012.com\/index.php?rest_route=\/wp\/v2\/posts\/29551","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/stateofthenation2012.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/stateofthenation2012.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/stateofthenation2012.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/stateofthenation2012.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=29551"}],"version-history":[{"count":0,"href":"https:\/\/stateofthenation2012.com\/index.php?rest_route=\/wp\/v2\/posts\/29551\/revisions"}],"wp:attachment":[{"href":"https:\/\/stateofthenation2012.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=29551"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/stateofthenation2012.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=29551"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/stateofthenation2012.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=29551"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}