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Notice of a Potential Executive Order by President Obama and What it Means for FFL Compliance

Written by jon rydberg

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January 09, 2013

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This afternoon, Vice President Joe Biden gave a press conference and said President Obama might use the Executive Order to institute his agenda into the gun control debate.  Live video was recorded and is available on the CNN website at https://www.cnn.com/2013/01/09/politics/gun-control-battle/index.html.  The obvious compliance questions are how can you keep tabs on an impending Executive Order, where do you find them, and what is it? When Congress passes a Bill, the process is shockingly transparent.  A Bill is drafted and published from the moment it is numbered and goes into committee.  One can then track the Bill every step of the way, from the Members who sign on as Sponsors and Co-Sponsors, to the actual votes recorded in Committee, to the date a Bill will be voted on upon the Floor, to the moment it travels to 1600 Pennsylvania Avenue for the President’s response. However, an “Executive Order” is just that – an order, written and signed by the President.  Barring a leak to the media during the drafting process, there is no advance, public draft.  There are books written, lectures given, and court cases argued over the constitutionality (or not) of the “Executive Order.” What we have to reflect upon from today’s remarks is the serious difficulty presented by Executive Orders relative to compliance in any field, not just firearms.  At the moment, the press spotlight is focused on the issue of gun control, so there is widespread coverage.  If an Executive Order is signed by President Obama on this topic, we are going to hear about it, and we will brief it in this blog, as well. What can you do?  First, listen to the news and tune your ears to this political tool called the “Executive Order” and be mindful that it might apply to you as a federal firearms licensee.  Second, if an Executive Order is signed, you will find a copy of it on the White House website.  (See https://www.whitehouse.gov/briefing-room/presidential-actions/executive-orders.)  Third, find out any and all “implementation” or “effective” dates for terms of the Executive Order.  Once signed, an Executive Order can be immediately effective; there is no requirement of advance notice. While it is a time of significant political unrest for federal firearms licensees, the very practical approach to keep in mind is compliance first, activism second.  There is no better argument for compliance than to keep your business fully and legally functional than at a time that you might become an activist on these hot political issues.

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