Based on statements coming out of the White House, I think Obama’s executive orders on guns might end up being a barrage of ridiculous things completely unsupported by law. Sure, they’ll lose in court, but they’ll force us to take them to court, and that’s going to cost time and money heading into the elections. I’m thinking the strategy might be to throw as much as they can at the wall and see what sticks.
Certainly Obama has numerous ways he could screw us that are completely within his authority. A near handgun import ban would be among them, by ditching the point system and adopting something draconian. I don’t see how Obama has any executive power under the law to close any “gun show loophole” or to otherwise affect private transfers.
But that doesn’t mean he won’t force us to waste time and treasure fighting even clearly illegal moves. There’s no penalty for overreach. With guns there’s not much clearly established precedent to support civil rights suits. So what does he have to lose?