The purpose of an executive order is for the president to tell others in the executive branch precisely how they’re to carry out the laws passed by Congress. It was never intended as a way to create laws without the legislature.
However, President Joe Biden, like so many before him, does just that.
Take gun control, for example. Biden can’t pass it. Not like he wants. Congress just isn’t interested in banning things like so-called ghost guns.
So, Biden uses an executive order, directs the ATF to essentially declare them illegal, and calls it a day.
Only, that didn’t work out.
Numerous federal gun control policies enacted by the Biden administration via executive order have faced extensive scrutiny in federal courts with jurisdiction over matters arising in Texas, the latest being a rule implemented last year seeking to regulate home-build firearms kits.
Texas residents Jennifer VanDerStok and Michael Andren, along with the Firearms Policy Coalition (FPC), challenged the new rule expanding the definition of a “firearm receiver” to include kits that contain partially manufactured parts and are marketed to be completed into functioning firearms, which are also referred to as “ghost guns.”
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) issued a statement when the rule was published last year, explaining that it was prompted by a proliferation of untraceable guns without serial numbers from being used in crimes. The ATF claimed it would help prevent those prohibited by law from obtaining a gun, such as convicted felons, from easily obtaining one.
The ATF claimed there were 692 instances of ghost guns being used in homicides or attempted homicides.
Of course, from what we’ve seen, those 692 instances were spread out over a significant period of time, meaning that they’re a statistical drop in the bucket when looking at so-called gun deaths.
But this wasn’t the only example of Biden’s executive orders showing signs of trouble.
There’s trouble brewing for Biden’s other big-ticket executive order, the ban on pistol braces. There’s already some judicial skepticism and the membership of the Second Amendment Foundation and the Firearms Policy Coalition are already exempt from it by court order.
In fact, it’s so bad it’s not unreasonable to ask whether any of Biden’s executive orders will stand.
Oh, I’m sure a few will. Parts of this order are just about speeding up the process of collecting data the government already collects, which isn’t likely to be overturned.
But that same executive order also deals with the so-called rogue gun dealers who appear to just be FFL holders who make administrative errors, and that is likely to end up in court sooner or later. Based on what we’ve seen, that’s going to be bad news for the Biden administration.
At the end of the day, most of Biden’s executive orders will probably be overturned, but not without a lot of time and resources spent fighting this power grab.
And none of it should be happening. The truth is that the legislative branch is who should be passing laws, not the executive, but with Congress having basically turned a blind eye to the ATF’s repeated “reinterpretations” of gun control laws, we have the mess we’re currently in.
If only that would fall in court.