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FOX News Legal Analyst Peter Johnson on the administration’s efforts to curb gun violence.
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We continue our look at the White House assault on the Second Amendment the president's insistence that he can rule if you will by decree by fiat.
In what is still after all -- constitutional republic.
I'm joined by Peter Johnson trial followed attorney Fox News legal analyst Peter good to have you here thank you Lou this.
Vice president has said that the president will live necessary.
-- wouldn't using executive order to control guns in this country canny.
I don't think there's any question in my mind that he will I don't think he's gonna be any more powerful.
-- is right now in terms of public popularity.
And sold there are things that I think we are looking at that they will try did do.
The change the dialogue to change the dynamic of guns in America.
To show action even if it provokes.
Legal action so this president can say.
I've done something.
I've made it harder for Americans to get legal firearms.
Because I believe it's an outrage and I'm standing up.
For the victims in America that's what he's going to say.
An -- and I do believe that they will squeak.
Certain the pieces of the law in order to do that.
-- let's turn to -- to alcohol tobacco far yes or can they do the FBI.
What can they do in terms of background checks -- and they do.
-- we know that President Bush.
HW bush.
There are -- constrained further.
The import of so called assault weapons President Clinton took it to an -- -- in the ten year ban.
Yes.
Done by an act of congress signed by the president.
As you point at different than an executive order.
He can make it more difficult in terms of time.
There can be more constraints.
There can be more administrative.
Jumping.
That goes on in terms of people achieving what they need to achieve can the president.
Band of firearms in this country -- the United States Supreme Court says that the Second Amendment.
Stands under the Heller case under the McDonald case and it not only standard federal jurisdiction extends -- -- the state of the fourteenth amendment.
But yes I do anticipate that there will be actions may -- their selections with regard to.
The number of rounds.
Maybe it is some micro stamping.
In terms of federal action may be there's federal regulations.
In the in the -- bit of other.
They -- yep you're referring to micro stamping ammunition so that it already identified.
Which I think would set off a firestorm of opposition.
And this becomes a certain point which this president is being provocative.
Of a normal everyday citizens who treasure jurors say I'm absolutely being provocative.
That should that be put up with by the congress -- the United States do they have a way to intercede.
They have a way of interceded and they can pass legislation.
On any particular issue not -- can also be lawsuits that are joined as a result of any illegal or unconstitutional conduct.
Of the present United States in executive orders supposed to enforce.
An act that's been signed by the president.
And that's been passed by the congress.
Executive orders are not acts of law executive orders are directives by the president.
And they should be narrowly.
Narrowly -- right.
Narrowly interpreted narrowly followed -- and limited in scope.
But when you go to the rights of a citizen sure bear arms in this country you're going to the heart of the country did they -- not.
You are and this is a political dynamic unlike any political dynamic that we've seen.
And to see the vice president over a week or ten days saying yes we've done this incredible exploration.
Of this issue but at the same time complain.
That this has been no studies.
On the issues of gun violence and gun ownership in America and say we're good guidelines by Tuesday is it anything Lou Dobbs other.
-- a political determination is it empirical is in fact based.
Or is it politically based I suggest.
It is politically based executive orders are political in nature we will see executive orders in some format.
As long as well as a legislative.
A -- and.
It's going to be a period of considerable tension one would expect and this president is taking on in his administration taking on a fight.
That others -- have found two.
Well -- would apparently they're surprised has not been very helpful for their careers or through.
To the well -- of our Supreme Court has ruled the Second Amendment stands the government can't put illustrates how it.
But not.
By executive order let's see what happens.
Cases of Howard McDonnell by the way McDonald's case coming out of the president's hometown.
Chicago and a cap and -- decision last year in an Ngo our right with regard to -- bearing arms outside of the home.
Very positive for the Second Amendment relying on -- Peter Johnson thanks -- because he -- -- On wall.
