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Old January 9, 2013, 02:27 PM   #14
carguychris
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Join Date: October 20, 2007
Location: Richardson, TX
Posts: 5,501
Quote:
How about stopping the sale of surplus ammo from federally owned factories like Lake City...
The Lake City Army Ammunition Plant (LCAAP) may be government-owned, but it is operated under contract by the Olin Corporation, owners of the Winchester trademark. Outside sales of LCAAP ammo are presumably governed by the contract with Olin, and it is likely that an attempt by the government to abrogate that contract would result in swift and forceful legal action by Olin.
Quote:
...or suspending CMP Sales of guns,parts and ammo...
It is unclear to me whether the executive branch has the authority to do so. As I understand it, the CMP is a quasi-private, self-funded, self-managed organization.

Furthermore, very few people outside of the shooting community- and relatively few people within the community- even realize that the CMP exists. What good would this do for the executive branch? Such a shutdown would probably become a prime example of the so-called Barbra Streisand effect.
Quote:
...reallocating background check ATF staff to create an unmanageable backlog...
If an FFL received a "Delayed" NICS response that is not resolved after 3 business days, he or she- if allowed by state law- has the option of allowing the sale to proceed. If the response subsequently comes back negative, the firearm is supposed to be retrieved if possible, but the key phrase is "if possible"- good luck with that.

This process serves as a built-in disincentive against disingenuous attempts by hostile bureaucrats to stop firearms sales by creating logjams in the system.
Quote:
...using commerce clause to regulate interstate tranactions.
This describes a power of Congress, not the POTUS. See Webleymkv's post above.
Quote:
Unfortunately that could take years to wind through the courts and it would screw gun owners in the meantime.
The courts can move very fast when circumstances warrant it. Witness Bush v. Gore.
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Last edited by carguychris; January 9, 2013 at 03:37 PM.
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