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Our first guest tonight at odds over whether the Obama administration's possible use of executive action is part of gun control initiative.
Would be inappropriate lawful are an example of exam -- executive branch.
-- joining us is David -- These research director of the independent.
Independence institute and adjunct professor -- -- constitutional law at Denver university Sturm.
College of law are good to have you with this and Richard -- born and criminal justice expert former president of the Brady campaign could have you both with this -- had to be.
Well let me ask if I may begin with you David.
Is this the -- disturbing is Carl Cameron about this very issue.
He is the idea of using executive.
Appropriate in the instance of banning any particular type of weapon.
Well -- it's certainly a possibility the to be technical what the president would be most likely to do would be an outright ban but would be just stated that certain guns.
He deems to be destructive devices.
Under federal law and so therefore they'll be treated like the same -- machine guns are.
The two continued to possess one.
You have to pay 200 dollars the federal government per gun get fingerprinted.
And also get a authorization forms -- -- fiscal feasible police chief do you think it is -- I think there would be quite a court fight over but it is possible he could get away with a the presidents have gotten away with a lot of very aggressive I interpretations of their powers and and often those -- upheld by the courts even when the the law might be stronger on the other side.
-- you've been in this debate for a very long time do you think that.
What you hear David saying.
Our does that give you hope that the president might do this or do you think that is Harry -- sure too far and -- reaches far and and frankly while finishing constitutional question.
The president has time come close to talking about impacting assault weapons through executive orders I think they're talking about very different things the fall within the law enforcement realm.
There are lots of things of the president could do using the Justice Department.
We could establish a central office of prosecution for gun cases we could establishment state strike force like we used to break up the mafia.
We could investigate.
Bubbles and -- shows where we know lots of guns are leaking into the illegal market some issues numerous examples where we can increase our law enforcement capability.
Around investigating illegal gun trafficking all of which be done by executive order and none of which comes even close.
-- constitutional question.
Against the backdrop of this debate.
Curiously -- the city that is that has one of if not these strongest gun laws Chicago.
Is right now the murder capital.
Of the country David.
What is the relationship between gun laws and crime the relationship between guns are broadly.
In the society.
In the primaries.
Now Richard -- can argue over that one probably for an for the next six hours are at least -- So that.
The there's there are studies that go in both directions but clearly what's going on in Chicago is by every standard of failure it it's more dangerous to be.
To live in Chicago dinners -- soldier in Afghanistan for all practical purposes.
-- 500 homicides last year.
Fortunately the seventh Circuit Court of Appeals in a decision handed down just a few weeks ago.
Said that Illinois cannot be this Al Leiter stayed the refuses to recognize the Second Amendment right.
To bear arms they're handsomely well lawful -- for well.
-- there hasn't been -- yet and it's okay certainly to have a licensing process to make people go through background check.
Through safety training but Illinois can't continue under this system -- people are forbidden to carry guns in public for protection.
A -- and some special category -- like being a security guard ward Alderman aldermen can carry guns and Illinois anywhere they want but ordinary citizens can't follow the.
Is a dangerous business.
What particularly good -- -- and then the state of Illinois what three members of the state legislator and propagation.
Effort under criminal charges.
Cook County in the state real -- -- -- -- comes it's in public service.
But to the to the point we are we -- -- right now watching an administration sellout on the idea.
That they're gonna do something about gun control.
And and it's starting to sound like the Republicans are saying we'll do what you will we're going to talk about matters that we consider much more important.
And we're going to have this debate and we choose not the way you played your -- of urgency and emergency.
As in the case of Obama care or the there are the fiscal cliff.
What do you think is this so time for change.
Well it to be very blunt the urgency as the number of people -- let me take -- David's points and expands.
-- you realize that there are more Americans killed by guns in this country every single year.
Then there are more American soldiers killed in all of the years of Afghanistan and Iraq combined so we have a crisis on -- hand.
And every day that we let go by without some interventions.
More people -- so yes there is an urgency of the utmost importance and I do think the Obama administration.
And the congress needs to act but interestingly if you listen.
To this debate you take out the partisan interest you're beginning to see the emergence of a good comprehensive discussion.
And that's frankly -- gun owners is trying to ask for gun owners.
Who deplore the violence that's occurring with guns are beginning -- they can't we strike a balance between our right to get a gun.
And gun control and the answer is yes unequivocally we can.
-- -- Last word Harold Terry one of the things that disturbs me as is Richard is suggesting here -- there's room here for reason and there's room here for and -- balancing of interest.
But there is abroad in Washington this attitude that they will be doing.
Gun gun owners and those who wish to own guns a favor by not stripping them or their hands of those -- President Obama in his career as -- as an Illinois legislator.
Questionnaires and in it is votes in Illinois legislature voted to have supported outlawing over half the guns in the in this country.
Already -- -- not I think -- -- the right person to lead us in finding the balance but I agree with Richard that we can have a -- not it's not an either or you can have.
Good gun control laws which keep guns out of the hands of people shouldn't have them.
And we can also have strong strong gun rights laws so the law abiding citizens can have their full choice of firearms stone for protection of their home.
And to carry for lawful protection.
That banning guns doesn't get us in that direction.
But I I think there are people out there who can have.
CEO gun control and gun rights can be harmonious.
Rather than opposites.
And -- perhaps -- begin with an examination of why we are not.
Are preventing people who are mentally ill from owning guns -- such we we thank you all.
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